Waiver of Liability
Waiver: In return for being permitted to participate in flight training and/or aircraft rental (“The Activity”), including any associated use of the premises, facilities, staff, equipment, and services made available by Santa Monica Flyers, Inc. (“Santa Monica Flyers”), I, for myself, heirs, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue Santa Monica Flyers, its directors, officers, employees, and agents (“The Company”), from liability from any and all claims, including the negligence of The Company, resulting in illness (including death), in connection with my participation in the Activity and any use of Company premises and facilities.
Assumption of Risks: Participation in The Activity during a pandemic carries with it certain inherent risks that cannot be eliminated regardless of the care taken; this includes the risk of infection with a communicable disease.
Agreement to Adhere to Pandemic Precautions: I also agree to faithfully adhere to the requirements adopted by Santa Monica Flyers in response to the novel “coronavirus,” as those requirements have been communicated to me now and as they may be modified from time to time to reflect shifts in commonly accepted best practices. This includes, without limitation, the use of masks, washing or sanitizing hands, social distancing, and disinfecting aircraft. I understand and agree that my failure to abide by these requirements may constitute grounds for my removal from the Company’s premises.
Indemnification and Hold Harmless: The Company and I also agree to indemnify and hold each other harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my involvement in The Activity and any communicable disease (including SARS‐CoV‐2/COVID‐19), and to reimburse the other party for any such expenses incurred.
Confidentiality: I also agree that the existence of this Agreement is confidential and I will not disclose its terms or existence to any third party except as may be required in connection with a judicial or administrative process.
Severability: I further agree that this Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect.
Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of California, located in the County of Los Angeles.
Acknowledgment of Understanding: I have 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 confirm that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
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Document Name: Waiver of Liability
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