This Waiver and Release of Liability Agreement acknowledges the undersigned’s (“you” or “your”) request to participate in a demonstration flight in an experimental aircraft operated by Van's Aircraft, Inc. (“we,” “our,” or “us”). You understand that this waiver applies to all ground and air operations related to the demonstration flight, including but not limited to entering, exiting, and riding in the experimental aircraft (collectively, “Flight Activities”).
You acknowledge that Flight Activities involve inherent risks, dangers, and hazards (“Risks”) that may result in serious physical, mental, or emotional injury, illness, disability, death, property damage, or other losses. These Risks include, but are not limited to, aircraft accidents, collisions, equipment or mechanical failure, fire or smoke exposure, turbulence, hard or forced landings, pilot error or negligence, defects in the aircraft or its components, extreme or unpredictable weather conditions, interference by wildlife or foreign objects, and negligent medical care. You have read, understand, and accept all Risks disclosed herein.
You understand and acknowledge that: (a) Flight Activities are inherently dangerous and you voluntarily elect to participate, (b) participation is entirely at your option, and (c) you may choose not to participate. You accept and assume full responsibility for all Risks and for any injury, illness, disability, death, property damage, or other loss arising from your participation in Flight Activities, to the maximum extent allowed by law, even if caused, in whole or in part, by the negligence of one or more of the Releasees (defined below).
For and in consideration of our permitting your participation in Flight Activities, you voluntarily release, discharge, waive, and relinquish all actions or causes of action (known or unknown) against us and our officers, agents, servants, or employees (“Releasees”) for personal injury, property damage, or wrongful death arising from Flight Activities, whether caused by negligence, strict liability, or breach of warranty. You, for yourself, your heirs, next of kin, personal representatives, executors, administrators, successors, agents, assigns, and insurers, agree not to prosecute or present any claim against the Releasees for such actions, under any circumstances.
You agree that if you or anyone on your behalf makes a claim or files a lawsuit against the Releasees, you, your heirs, next of kin, personal representatives, executors, administrators, successors, agents, assigns, and insurers will indemnify, defend, save, and hold harmless the Releasees from any litigation expenses, attorney fees, loss, liability, damages, or costs incurred.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity shall not affect other provisions or render them unenforceable in other jurisdictions. Provisions shall be enforced to the extent allowed by law.
Governing Law and Jurisdiction. All suits, actions, claims, or legal proceedings arising under this Agreement shall be governed by Oregon law, without regard to conflicts of law principles, and subject to the exclusive jurisdiction and venue of the state or federal courts in Marion County, Oregon. The parties irrevocably waive any right to a trial by jury.
Electronic Transaction Consent. By proceeding with this Agreement electronically, you consent to the use of electronic records, disclosures, and signatures in connection with this transaction, as provided under Oregon Revised Statutes Chapter 84 and applicable federal law. You agree that your electronic signature (via click or checkbox) shall have the same legal effect as a handwritten signature. Van's Aircraft, Inc. will retain an electronic copy of this Agreement, including an audit trail associating your signature with this record (e.g., timestamp, IP address), which may be reproduced as needed.
YOU ACKNOWLEDGE THAT THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, THAT YOU MAY CHOOSE NOT TO SIGN IT, AND THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY CONSENT TO BE BOUND BY IT AFTER HAVING HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF YOUR CHOICE.
By checking the above box and submitting, you electronically sign this Agreement. A copy will be emailed to the provided address upon submission.
