RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
This Release, Hold Harmless and Indemnification Agreement is made to be effective the day this agreement is signed and submitted below, and is by and between Sideline Services, LLC and Chad Thumann (collectively and hereafter “Sideline”) and the participants identified below (hereafter and collectively “Releasor”).
WHEREAS, Releasor, the below individuals, have agreed to participate in a helicopter and/or fixed wing aircraft ride and also including transportation to the aircraft (collectively “Aviation Activity”) and organized by Sideline;
WHEREAS, Releasor, the below individuals, understands that in order to participate in the Aviation Activity he/she is required to sign this document;
WHEREAS, Releasor, the below individuals, understands that by signing this document, Releasor is assuming foreseeable and unforeseeable risks and agrees not to sue Sideline or the Releasees, as defined below, for any reason related to or arising out of Releasor’s participation in the Aviation Activity.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sideline and Releasor hereby agree as follows:
1. Release and Hold Harmless of Event Host and Releasees: Releasor, as the releasing party, does hereby forever and irrevocably release and hold harmless Sideline, as well as its respective managers, members, pilots, agents, volunteers, sponsors, contractors, employees, property owner, attorneys, assigns, event beneficiaries and all of their respective successors in interest (hereafter referred to as “Releasees”) from any and all claims by Releasor or the Releasor’s respective heirs, agents, and all of his/her respective successors in interest arising out of, related to or incidental to any and all foreseeable and unforeseeable claims regarding Releasor’s participation in Aviation Activity, including but not limited to the sole or joint negligence of Releasees and resulting in damage to personal property, bodily injury, or death.
2. Indemnification of Event Host and Releasees: RELEASOR HEREBY AGREES TO FULLY INDEMNIFY AND DEFEND RELEASEES, AS DEFINED ABOVE, AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS, LOSSES, JUDGMENTS, ATTORNEY’S FEES AND EXPENSES RELATED TO, INCIDENTAL TO OR ARISING OUT OF RELEASOR’S PARTICIPATION IN AVIATION ACTIVITY, INCLUDING BUT NOT LIMITED TO THOSE PROXIMATELY CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF RELEASEES AND RESULTING IN DAMAGE TO PERSONAL PROPERTY OR BODILY INJURY OR DEATH TO RELEASOR.
3. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this agreement to be effective the day of submission.