FUN FLIGHTS INFORMATION, DISCLOSURES,
NOTICE OF INHERENT RISKS OF ADVENTURE FLIGHT ACTIVITY AND INSURANCE LIMITATIONS, BINDING ARBITRATION AGREEMENT &
1. ABOUT US: Fun Flights LLC (“Fun Flights”) is a limited liability company registered with the California Secretary of State, May 31, 2013, registration no. 201316210142. Fun Flights maintains its principal offices and conducts its flight operations pursuant to approval of the San Diego County Department of Airports at McClellan-Palomar Airport, 2018 Palomar Airport Road, Suite 2, Carlsbad, California 92011, ((760) 918-3539 or (855) TWO-WING, email@example.com, https://funflights.com). Fun Flights operates a Curtiss Wright Travel Air B-4000 fixed-wing single-engine bi-plane, serial no. 1059, reg. no. N9872, manufactured in 1929. The aircraft is fully maintained and certified for commercial adventure and sightseeing use by the United States Federal Aviation Administration (“FAA”). All aircraft maintenance and flight operations are conducted by qualified and licensed personnel, pursuant to applicable FAA regulations and procedures.
2. DISCLOSURES AND NOTICE OF INHERENT RISKS OF ADVENTURE FLIGHT ACTIVITY: Like many adventurous recreational activities, flying in light aircraft carries with it a risk of physical injury or death from both obvious and non-obvious sources. Such risks include, forced or crash landings due to weather, equipment failure, pilot error, external interference and collisions, altitude reactions and acts of God. Such risks are greater than flying on major commercial airlines. Risks of injury or death while engaged in adventure flights in light general aviation aircraft also arise from one’s presence and movement about, the airport parking, office and ramp area, and movement in proximity to operating aircraft on the ground. While Fun Flights endeavors to minimize such risks, they cannot be completely avoided. Therefore, each passenger (or parent/ guardian of each minor) must satisfy himself or herself that such risks are acceptable and each must take personal and legal responsibility for that decision.
3. DISCLOSURES REGARDING INSURANCE LIMITATIONS: Fun Flight maintains liability insurance that may or may not apply to losses arising from its operations. Current limits of liability are $100,000 per person and $1,000,000 per occurrence. Such limits may not be sufficient to cover all damages in the case of an accident for which Fun Flights may be found liable.
4. PARTICIPANT ACKNOWLEDGMENT: By signing below and participating in the Fun Flights LLC adventure flight activities, the participant (or his or her parent/guardian on behalf of a minor) acknowledges the following:
I HAVE READ AND UNDERSTAND EACH OF THE ABOVE DISCLOSURES AND NOTICE OF INHERENT RISK OF ADVENTURE FLIGHT ACTIVITY AND AGREE TO TAKE PERSONAL AND LEGAL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH MY (OR MY MINOR CHILD’S) PRESENCE AT THE AIRPORT AND PRESENCE ON ANY FLIGHT IRRESPECTIVE OF ANY ACTIVE OR PASSIVE NEGLIGENCE OF FUN FLIGHTS LLC, ITS PILOTS, AGENTS OR MANAGERS, UNLESS A COURT OF LAW DETERMINES THAT MY DAMAGES ARE CAUSED BY THEIR GROSS NEGLIGENCE OF WILLFUL MISCONDUCT. I ALSO AGREE THAT IN THE EVENT OF FUN FLIGHT’S LEGAL LIABILITY FOR A LOSS, I (OR MY MINOR CHARGE), WILL NOT SEEK MORE THAN THE AMOUNT OF ANY INSURANCE AVAILABLE TO COVER THE LOSS AND I FREELY AND KNOWINGLY WAIVE ALL DAMAGES IN EXCESS OF SUCH INSURANCE.
5. BINDING ARBITRATION AGREEMENT: The parties hereby waive all rights to a jury and agree to submit all disputes concerning this document and all losses arising from flight and related activities provided by Fun Flights LLC, to binding arbitration through the San Diego offices of the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Service (“JAMS”) pursuant to their then-existent rules of procedure. The parties shall share expenses for such services equally.
Signature PRINT NAME PLEASE
****** If you are signing as a parent or legal guardian of a minor child, please state your legal relationship to the child and his or her full name and age:
Child’s Name: _____________________________ Age:______ Legal Relationship: ___________________________
In Emergency please contact: