Creating interest in aviation among the youth through mentorship
AGREEMENT TO WAIVE LIABILITY, ASSUME RISK AND INDEMNITY
The young person listed below (‘the Participant’) wants to take part in the Young Aviators Club of Africa’s (‘YACA’) Flight Experience/Joy Ride programmme, including riding in an airplane, The YACA programme is conducted by pilots/instructors who are licensed by the Kenya Civil Aviation Authority (‘KCAA’). These pilots/instructors will fly a variety of aircraft that are also licensed by KCAA. I represent and warrant that I am the Participant’s Parent or legal Guardian and that I have authority to enter into this agreement on behalf of the Participant. In exchange for being allowed to take part in the YACA programme, the Participant and I agree as follows:
ASSUMPTION OF RISK
The Participant and I understand that flying in airplanes and being around airplanes involves risks. Serious injury or death can result from many causes, including without limitation airplane crushes, falls, pilot errors, ground crew error, engine or mechanical failure, negligent maintenance, defects in runways, interference by wildlife and other objects, difficult search and rescue conditions, inadequate emergency response, weather or terrain conditions, contaminated fuel, or hard or forced landing. Injuries could be minor such as bruises, scratches and sprains, major such as eye injuries, broken bones and concussions, or catastrophic such as paralysis, severe burns or death. If the Participant is old enough to understand these risks, I have explained to him/her. The Participant and I (for ourselves, our heirs, family members, personal representatives or assigns) assume all risks and full responsibility for any injury or death arising from taking part in YACA’s programme including riding in an airplane.
agreement to waive liability and not to sue
The Participant and I (for ourselves, our heirs, family members, personal representatives or assigns) release and discharge: (a) Young Aviators Club of Africa; (b) the officers, directors, members, chapters, employees, agents, divisions, affiliates and volunteers (including pilots, instructors, owners and operators of airplanes used in the YACA programmes) of each of those corporations (collectively, the “Releasees”) from, and agree not to sue the Releases or any of them for, any and all claims against Releasees for any injury or death arising from the Participant’s participation in the YACA programmes. This release, discharge and agreement not to sue applies to all legal rights, including those resulting from any negligence of Releasees, other than those resulting from the gross negligence or willful misconduct of such Release.
The Participant and I agree to indemnify and hold the Releases harmless, from any claims, costs, damages and liabilities, including attorney’s fees, arising from taking part in the YACA programme. This duty to indemnify and hold the Releases harmless applies even in any of the Releases is negligent: however, indemnification of any Release is not required if such Release is grossly negligent or has engaged in willful misconduct.
PHOTOS, IMAGES AND VIDEOS RELEASE
The Participant and I hereby give the Releases the absolute and irrevocable right and permission to use photographs, pictures, images and videos of the Participant taken at or derived from his/her participation in the YACA programme (the “images”) in whole or in part, with or without alteration or modification, in any and/ or all manner and in any/ or all media, in connection with YACA’s activities, programmes, publications and publicity.
I know that I can talk to my legal advisor about this Agreement and I have either done so or chosen not to. I understand that I have the right and have been given the opportunity to object to and bargain about the provisions of this Agreement. I am voluntarily signing this Agreement and intend it to be unconditional release of all liability 10 the greatest extent allowed by law.
Before Signing, Carefully Read this Entire Agreement.
Note from YACA: If an accident were to occur, you and the Participant (by signing this Agreement) would be giving up legal rights and incurring legal liabilities. If any part of this Agreement is held invalid, the rest of the provisions shall remain in effect. If you do not understand anything in this agreement should not sign it and you should talk to your legal advisor.