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Release of Liability Waiver Form

To ensure the utmost safety and compliance with legal requirements, all interested flyers must complete the below mandatory waiver before embarking on a ride. This waiver serves as an acknowledgment of the potential risks involved in aerial activities and a commitment to assume personal responsibility. We prioritize your safety above all else and believe that transparency and informed consent are essential for a smooth and enjoyable experience. Please take a moment to review and sign the waiver, demonstrating your understanding and agreement to the terms outlined.

    Release of Liability and Waiver of Claims I, of [insert address here]
    ,authorize Thin Air Adventures LTD. and its Releasees (defined below) (“Thin Air Adventures”) to provide me, and/or [if applicable insert name of minor participant] with services related to sightseeing tour packages, aerobatic flying, and otherwise flying in a variety of aircrafts (the “Services”).

    I understand and acknowledge that:

    • There are risks and side effects associated with the Services, set out below. While Thin Air Adventures will take every precaution to minimize or eliminate negative reactions, I acknowledge that I am voluntarily participating in the Services with full knowledge and understanding of the risks associated. I freely accept and fully assume any and all risks involved.

    • If I experience any pain or discomfort during the performance of the Services, I must immediately inform Thin Air Adventures so that they may adjust the Services accordingly or cease the Services.

    • Thin Air Adventures has asked me to fill out a medical disclosure form (the “Disclosure”). Thin Air Adventures is relying on the accuracy of the Disclosure to advise me and to perform the Services. The Disclosure must be completed and provided to Thin Air Adventures prior to my participation in any Services. The Disclosure will supersede any previous verbal or written medical or health information I have provided. If there any changes to my health or medical status that is not disclosed in the Disclosure, I must update Thin Air Adventures immediately.

    • Thin Air Adventures and the Releasees are not certified to practice medicine. If I have any questions relating to my physical or mental health, I must contact a qualified medical specialist.

    By executing this Release of Liability and Waiver of Claims (this “Waiver”), I acknowledge that I have had sufficient time to review, consider and obtain legal advice regarding this Waiver, I have read and understand the terms of this Waiver, and I have executed this Waiver voluntarily and without any pressure. If I had any concerns, I have addressed them with Thin Air Adventures and these concerns have been resolved to my satisfaction.

    I hereby expressly waive and release any and all claims which I have or may in the future have statute or at common law against Thin Air Adventures, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), relating to the Services. I agree to indemnify and hold the Releasees harmless from any claims, costs, damages, and liabilities whatsoever, including legal fees, arising or resulting from the Services.

    This Waiver shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Waiver may be brought only in the courts of the Province of British Columbia and I hereby consent to the exclusive jurisdiction of such courts.

    If I am provided with a copy of this Waiver and I proceed with obtaining the Services without executing this
    Waiver, I will be deemed to have accepted the terms set out in this Waiver, and this Waiver will be binding as though I have executed same.

    Service Risks

    Thin Air Adventures is committed to providing high class Services and puts a focus on passenger safety. However, there are certain unavoidable risks associated with flying in an aircraft, including, but not limited to, turbulence, mechanical failure, pilot error, weather conditions, air traffic control errors, ground crew errors, bird strikes, runway defects, aircraft crashes, contaminated fuel, acts of terrorism, and hard or forced landings.

    Injuries may include, but are not limited to, bruises, scratches, sprains, eye injuries, broken bones, concussions, exacerbation of existing medical conditions, paralysis, severe burns, or death

    I am aware and understand that participating in the Services involves the risk of serious injury, disability, death, or property damage. I understand and acknowledge that these risks may result from or be compounded by theactions, omissions, or negligence of Thin Air Adventures’ employees or others, including negligent emergency response or rescue operations of Thin Air Adventures. I understand that while Thin Air Adventures has implemented measures to reduce the risk of injury from the Services, Thin Air Adventures cannot guarantee that I will not be injured due to my participation in the Services. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE SERVICES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF THIN AIR ADVENTURES OR OTHERWISE.

    I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND THAT I AM VOLUNTARILY WAIVING LEGAL RIGHTS ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS AND ADMINISTRATORS, INCLUDING THE RIGHT TO SUE THE RELEASEES.

    Participant:

    Signature

    Print Name

    Date

    If Participant is a minor or lacks capacity to consent to the terms and conditions of this Release of Liability and Waiver of Claims, please execute below:

    I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Waiver of Claims.