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FLY BAY AREA

www.flybayarea.com
650-631-2927

WAIVER OF LIABILITY AGREEMENT

Today's Date: April 26, 2024

I. Voluntary participation. I voluntarily choose to participate in ground training, flying, flight tours, or flight training activities in an aircraft operated by Fly Bay Area or at Fly Bay Area office location.

II. Waiver. In consideration of being permitted to participate in any way with a Fly Bay Area flight, hereinafter called "Activity," I, for myself, my heirs, distributees, executers, guardians or legal representatives or assigns, do hereby release, waive, discharge and covenant not to sue Fly Bay Area, its affiliated entities or owners, persons, employees, contractors and agents for liability from any and all claims resulting in illness (including COVID-19 Infection), personal injury, accidents, and property damage arising from, but not limited to participation in the Activity.

No further waiver of any breach, any failure of a term or condition, or any right or remedy will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. This waiver may not be construed as a waiver of any subsequent breach or failure of the same term or condition or a waiver of any other term or condition in this Agreement. This waiver does not establish or evidence any course of dealing between the parties.

III. Assumption of risks. Participation in Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid illness or injuries. I am aware of the inherent risks of illness, injury, death, and property damage involved in Activity, including without limitation risks due to exposure to viruses or bacteria in our facilities or aircraft, contact with other persons who may be symptomatic or asymptomatic for communicable diseases and infectious illness, pilot error, engine or mechanical failure, negligent maintenance, interference by wild life or other foreign objects, contaminated fuel, hard or forced landing, unfavorable weather or terrain, difficult search and rescue operations, turbulence, or other causes including infectious diseases. Injuries may range from (1) minor injuries such as scratches, bruises and sprains to (2) major injuries such as eye injury or loss of sight, joint or back injuries, bone fractures, heart attacks and concussions to (3) catastrophic injuries including paralysis and death, (4) illness, hospitalization, or death resulting from exposure to communicable or infectious disease agents.

I am aware of the risks of illness, injury, death, and property damage that may result from, among other causes, the active or passive negligence of Fly Bay Area and its officers, owners, employees, and agents (collectively, "released parties"), including without limitation the risk of negligent instruction or supervision. I voluntarily engage in Activity with knowledge of the risks of illness, injury, death, property damage, and other risks, and assume any and all known and unknown risks of illness, injury, death, and property damage that may result from Activity.

IV. Release of liability. I release released parties from all liability to me and my principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damages, or demands for personal illness, injury, death or property damage, arising from or related to this agreement or to Activity, whether the illness, injury, death, or property damage occurs on or off the premises of Fly Bay Area. This release includes, without limitation, any personal illness, injury, death, or property damage caused by active or passive negligence of any of the released parties. I bear sole responsibility for any loss. 

V. Governing law. This agreement shall be interpreted under the laws of the State of California. Any disputes relative to this agreement shall be settled according to the laws of the State of California.

VI. Severability. I further expressly agree that the foregoing waiver of liability, assumption of risk, and indemnity agreement is intended to be broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

VII. Knowing and voluntary execution. I have carefully read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that this agreement includes an assumption of the risk of the released parties' negligence and a release of their liability. I acknowledge that Fly Bay Area is materially relying on this waiver and is allowing me to engage in Activity. I agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made. I also certify that I have no reason to believe that I have any physical or mental limitations which prevent me from safely participating in the Activity. I certify that I am age 18 years or older, unless my parent or legal guardian has signed below. I am signing this agreement freely and voluntarily, and intend by my signature to be in complete and unconditional release of all liability to the greatest extent allowed by law. 

First Customer Name

First Name*

Last Name*
First Customer Age Acknowledgment*
First Customer Date of Birth*
I certify that I am 18 years of age or older
First Customer Signature*
Second Customer Name

First Name*

Last Name*
Second Customer Date of Birth*
Third Customer Name

First Name*

Last Name*
Third Customer Date of Birth*
Fourth Customer Name

First Name*

Last Name*
Fourth Customer Date of Birth*
Fifth Customer Name

First Name*

Last Name*
Fifth Customer Date of Birth*
Sixth Customer Name

First Name*

Last Name*
Sixth Customer Date of Birth*
Seventh Customer Name

First Name*

Last Name*
Seventh Customer Date of Birth*
Eighth Customer Name

First Name*

Last Name*
Eighth Customer Date of Birth*
Ninth Customer Name

First Name*

Last Name*
Ninth Customer Date of Birth*
Tenth Customer Name

First Name*

Last Name*
Tenth Customer Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Permission to Use Image

I hereby grant Pelican Flight Training LLC, doing business as FlyBayArea.com permission to use my likeness in a photograph(s), video(s) or image(s) described below in any and all of its publications, including Web site entries, without payment or any other consideration.

I understand and agree that these materials will become the property of FlyBayArea.com.

I hereby irrevocably authorize FlyBayArea_com to edit, alter, copy, exhibit, publish, distribute or assign this photo for purposes of publicizing the FlyBayArea.com programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph, video or artwork, and verify that I am the rightful owner of the images.

I hereby hold harmless and release and forever discharge the FlyBayArea.com from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I am 18 years of age or older and am competent to contract in my own name. I have read this release before signing below. I fully understand the contents, meaning, and impact of this release.

Agree
Decline
Parent/Legal Guardian Permission, Assumption of Risk, Waiver and Release: I certify that I am the above child's parent or legal guardian. As such, and individually, I have carefully read and understood this document in its entirety, and hereby (a) give the child permission to participate in the Activity, (b) attest to the physical and medical certification in VIII above, (c) expressly assume all risks associated with the child's participation in the Activity, and (d) waive and release all claims, causes of action and suits against releases for harm arising from the Activity.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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