ACKNOWLEDGMENT
AND RELEASE
I, as evidenced by my signature below,
acknowledge that participating in a hot air balloon
flight/ride is a potentially hazardous activity.
There are inherent risks in the activity, including
severe injury and/or death. I understand that even
though Rainbow Ryders, Inc. (hereafter called the
"Operator"), has taken all reasonable precautions
to provide an air-worthy balloon and equipment, and
a well-trained and experienced pilot, and has made
preparations for my safety as a Passenger/Rider, it
is impossible for the Operator, or its Contractors,
to guarantee my safety prior to, during, or
following such ride/flight. Therefore, I hereby
release and waive my rights to make a claim for
injuries or damages against the Operator, and its
assignees, heirs, agents, employees and Contractors
including, but not limited to, Above and Beyond
Balloon Rides LLC, Enchanted Winds Balloon Ride
Company, Destination Southwest, LLC, Southwest
Hospitotally, LLC, and Hyatt Corporation, arising
from my participation in a hot air balloon
flight/ride and related activities provided by the
Operator, or any contractors of the Operator, on
the above date, and if such flight/ride is not
completed on the date of my signature below, then
from my participation in any subsequent flight/ride
to replace such non-completed flight/ride.
1. I additionally acknowledge that I have
voluntarily requested and applied to participate in
a hot air balloon flight/ride and associated
activities to be provided and conducted by the
Operator or a Contractor of the Operator on the
date of my signature below.
2. I am aware that a hot air balloon flight/ride
is a potentially dangerous activity. Some of the
risks and dangers include, but are not limited to,
loss of or damage to personal property, arrest for
trespassing or other violations of the law, injury
or fatality due to the capsize of the balloon
basket or other vehicle, fires in the balloon
basket, collision with obstacles on the ground or
in the air, accidents or illnesses in remote places
without medical facilities, immersion in water,
hypothermia, falling from the balloon while in the
air, while in contact with or as the result of the
contact with other objects (for example, utility
poles and utility lines) or on the ground, fire or
flames, from or caused by the balloon's burner,
electrocution, and temperature extremes or
inclement weather, and accidents occurring during
or as a result of chase and retrieval activities
during and following the conclusion of said
flight/ride. I am voluntarily participating in the
balloon flight/ride and related activities with
full knowledge of the risks and dangers involved,
and I hereby agree to accept and assume all risks
of damage, injury or death, and verify the above by
my signature below.
3. I understand that I share responsibility for
my safety and the safety of others during the
flight, and I accept this responsibility. I agree
to comply with the instructions and directions of
the Operator, and its Contractors, before, during
and after the flight. I acknowledge and I will
comply with the Operator's Safety Policies, set out
below:
Safety Policies: Passenger/Rider safety is the
Operator's first and most important concern. The
Operator, or its Contractors, will make flight/ride
decisions based on a number of factors. Some of
these factors may include, but are not limited to:
weather forecast, weather and other conditions
during launch preparation and during the
flight/ride, and the total number and weight of
Passengers/Riders. All decisions concerning safety,
whether the flight/ride is to occur, as well as its
duration, are at the Operator's, or its
Contractor's, sole discretion. The Passenger/Rider
shall always have the discretion and choice not to
participate in the flight/ride up to the take
off.
4. To the best of my knowledge, I have no
physical or psychological conditions that will
prohibit me from safely participating in a hot air
balloon flight/ride.
5. I certify that I have carefully read this
Acknowledgement and Release and fully understand
its contents. I am aware that the Operator, and its
Contractors, cannot guarantee my safety during a
flight/ride and related activities, and that this
is a release of liability and evidence of a
contract between myself and the Operator or its
Contractors, and I execute it voluntarily and
willingly of my own free will, in consideration for
the balloon flight/ride to be provided to me as a
Passenger/Rider.
