COVENANT NOT TO SUE, LIABILITY RELEASE, AN ASSUMPTION OF RISK AGREEMENT
I hereby affirm that I am aware that flying and activities associated with flying have inherent and unforeseeable risks, which may result in serious injury or death.
I understand and agree that neither my instructor nor ATD flight systems, llc nor any of their respective employees, officers, agents, contractors, owners, subsidiaries, agents, or assigns, (hereafter referred to
as “released parties”) may be held liable or responsible in any way, and I hereby releases, discharges and covenants not to sue the released parties, for any injury, death, or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in flying aircraft, flying in aircraft, flight instruction, aircraft rental, aircraft operations, ramp operations, the rental agreement, the training agreement, training services, participation in an accelerated training program, or any associated activities involved with these activities or agreements I have entered into with ATD flight systems, llc (hereafter referred to as “flight activities”), or as a result of the negligence of any party, including the released parties, whether passive or active.
In consideration of being allowed to participate in flight activities, I hereby personally assume all risks of flight activities, whether foreseen or unforeseen, that may befall me while I am participating in these activities. I further indemnify, release, exempt, and hold harmless the released parties from any claim or lawsuit by me, my family, estate, heirs, or assigns, or any loss, liability, damage, or cost arising out of my participation in flight activities including both claims arising during any course of training or after I receive my pilot certification(s), and any losses or claims due cause directly or indirectly by my inability to completed an accelerated training program by any certain date (or within any certain amount of time) for any reason whatsoever.
In no event will ATD be liable for any incidental, consequential, special, direct, indirect, economic or statutory damages resulting from, arising out of or in connection with the flight activity, rental of an aircraft, the provision of the training services, or any documentation related thereto. I also understand that flight activities are physically demanding and that I must seek the ongoing care of a licensed and authorized aviation medical examiner and that I will not hold released parties responsible for events resulting from my physical condition, limitations, or incapacitation. I further state that I am of lawful age and legally competent to sign this liability release or that I have acquired the written consent of my parent or guardian.
I understand the terms herein are contractual and not merely recital and that I have signed this document of my own free act and with the knowledge that I hereby waive my legal rights. I fully understand that I have given up substantial rights and have been given the opportunity to consult a lawyer with respect to my rights and liabilities prior to entering into this contract. I further agree if any provision of this agreement is found to be unenforceable or invalid, that provision may be served from this agreement; however the remainder of this agreement shall then be construed as though the unenforceable provision had never been contained therein.
I, by this instrument and my signature agree to exempt and release my instructors, ATD flight systems, llc and all related entities as defined above of all liability or responsibility whatsoever for personal injury, property from damage, or wrongful death however caused, including, but not limited to, the negligence of the released parties, whether passive of active. I have fully informed myself of the contents of this liability release and assumption of risk agreement by reading it before I signed it on behalf of my heirs and myself.