Please carefully read and review the terms and conditions in this agreement!

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT 

Event: Edgewater AirPark

Date: {date}

Location: 2401 Fox Ave Minerva, Ohio 44669

THIS RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, (“Agreement”) is executed between the undersigned (“Guest” or “I”) and the Flite Test Community Association an Ohio nonprofit corporation (“FTCA”).

WHEREAS, the FTCA will from time to time host an Event (hereinafter individually and collectively referred to as an “Event”), and, the Guest has requested to participate in said Event; and

WHEREAS, FTCA is willing to allow the Guest to participate in the Event upon terms to include the terms of this Agreement, and Guest accepts the terms and conditions of this Agreement.

NOW THEREFORE, for the consideration described above and below, and other valuable consideration, the Guest agrees as follows:

1.                  RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of being provided access to the Event, Guest, for himself/herself and spouse, legal representatives, heirs and assigns, hereby agrees as follows:

(a)               I hereby voluntarily assume the risk of any and all injuries, damages, losses, or liabilities that I may incur, including, but not limited to, serious bodily injury and/or death by participating in the Event (collectively, the “Damages”); and

(b)               I hereby forever release, waive and discharge FTCA, and its members, directors, officers, employees, affiliates, subsidiaries, representatives, agents, successors, assigns, subcontractors, sponsors, agents, representatives, designees, and licensees and each operator and owner of the venue location (collectively the “Releasees”) from any and all present and future claims, demands, or causes of action for Damages that I may incur during or arising out of my participation in the Event, however caused, or that may be made by me, my family, estate heirs, administrators, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Event and related activities wherever, whenever or however the same may occur, even if caused by the negligence of FTCA, to the fullest extent allowed by law; and 

(c)               I understand that and agree that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by their negligence. I understand that my participation in the Event involves certain risks, including, but not limited to, serious injury and death. I assume all risks associated with my voluntary participation in the Event. I consent to administration of first aid and other medical treatment in the event of injury or illness to myself. I also agree to the fullest extent permitted by law to indemnify and hold harmless the Releasees from and against any and all claims, causes of action or damages arising out of my participation in the Event and, related activities including, but not limited to, transportation to and from the Event and the administration of any first aid and/or medical treatment; and

(d)               I will not sue or make a claim against FTCA for Damages or causes of action that I may incur during or arising out of my participation at the Event, however caused, even if caused by the negligence (whether active or passive) of FTCA, to the fullest extent allowed by law.  I agree that if I, or anyone on my behalf, files a lawsuit or otherwise presents claims due to injuries or losses resultant, or any way connected with, the Event that such claims shall be immediately dismissed upon the presentation of this Agreement to the Court, and I will reimburse all reasonable attorneys’ fees, damages and costs FTCA may incur in such claim; and

(e)               I waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know of or suspect to exist at the time of executing this Agreement; and

(f)                I understand that the Event may be filmed or recorded and by signing this documenting and attending the Event, I consent to being photographed, videotaped and/or recorded. I consent to such photography, videotaping and/or recording and to any use, in any and all media formats, including, without limitation, television, social media, and digital media and formats, whether now known or hereafter devised, including but not limited to any branded commercial with any sponsor or licensee throughout the universe in perpetuity, of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information for any purpose whatsoever, without any further action required or any consideration owing to me from the Releasees.

2.                  GUEST WARRANTIES. GUEST FURTHER WARRANTS AND ACKNOWLEDGES THAT:

(a)               I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND I MAKE THIS AGREEMENT INTENDING TO BIND MYSELF AND MY SPOUSE, HEIRS, ADMINISTRATORS AND ASSIGNS;

(b)               I HAVE READ THIS AGREEMENT, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING IT AND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING;

(c)               I UNDERSTAND AND AGREE THAT THIS AGREEMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING DAMAGES FROM FTCA FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY ME IN CONNECTION WITH THE EVENT;

(d)               I HAVE READ THIS RELEASE AND WAIVER OF CLAIMS, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

3.                  SEVERABILITY. This Agreement is intended to be as broad and inclusive as permitted by law and if any part of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.  Should any clause be in conflict with state law, then only that clause is null and void while the remaining clauses of this Agreement shall remain in full force and effect.

4.                  MISCELLANEOUS. This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by such party.  This Agreement and the rights and obligations herein are non assignable and nontransferable.  The recitals set forth above are hereby incorporated herein.

5.                  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the Courts of Tuscarawas County, State of Ohio to the exclusion of the Courts of any other State or Country.

6.                  SIGNATURE. This Agreement may be executed by electronic means including, but not limited to, eSignature. I agree that if I sign this Agreement electronically, my electronic signature is the legally binding equivalent to my handwritten signature, has the same meaning as my handwritten signature, and shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Flite Test and Edgewater Airpark have put in place preventative measures to reduce the spread of COVID-19; however, Flite Test and Edgewater Airpark cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases.

READ CAREFULLY BEFORE CONTINUING

By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other infectious diseases by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious diseases at Flite Test and Edgewater Airpark may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Flite Test or  Edgewater Airpark’s employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Flite Test and Edgewater Airpark. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Flite Test and Edgewater Airpark, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Flite Test or Edgewater Airpark, its employees, agents, and representatives, whether a COVID-19 infection or other infectious disease occurs before, during, or after participation at Flite Test or Edgewater Airpark.

I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, without giving effect to its principles of conflict of laws. All disputes arising under this Agreement shall be resolved by the state and federal courts located in Stark County, Ohio, the venue and jurisdiction of which the Parties hereto consent and shall not be permitted to object.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

If I have signed a separate general waiver of liability connected to my participation at Flite Test and Edgewater Airpark, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.

I agree that I will practice safe social distancing and clean hygiene during my participation at Flite Test and Edgewater Airpark.

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