Idaho Extreme Adventures

Waiver and Release of Liability - Helicopter Tour

IMPORTANT: READ BEFORE YOU SIGN. YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

On this date, the undersigned ("Participant"), desire to take a recreational helicopter tour (“Helicopter Tour”) with Idaho Dunes Holdings, LLC, dba Idaho Extreme Adventures (“Company”). I understand and acknowledge that my Helicopter Tour is purely voluntary and I have made the decision to participate of my own free will. I further understand and acknowledge that, but for my voluntary execution of this Wavier and Release of Liability (“Agreement”), the Company would not provide me with a Helicopter Tour.

IN CONSIDERATION of providing me with a Helicopter Tour, I agree as follows:

1. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISK. I freely and voluntarily choose to assume all the risks inherent in helicopter flight, occurring during the time that I am approaching, in, entering or alighting from a helicopter piloted by or under the control of or owned by Company, including but not limited to risks of negligent conduct of others, equipment or helicopter malfunction, and improper or negligent operation of helicopter. A full list/description of all risks are not completely outlined herein and unknown, unanticipated risks may also result in injury, illness or death from participation in the Helicopter Tour.

2. EXEMPTION AND RELEASE FROM LIABILITY. I, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives hereby EXEMPT, RELEASE, ACQUIT, FOREVER DISCHARGE, AND HOLD HARMLESS Company, or any affiliates, guides, pilots, officers, directors, agents, representatives, servants, employees, independent contractors, volunteers, insurers, members, successors, and/or assigns, whether acting on the behalf of Company, or individually, from any and all liability, claims, demands, and causes of action of every nature whatsoever, whether in contract or in tort or under any other legal theory, arising out of my participation in a Helicopter Tour.

3. COVENANT NOT TO SUE. I, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives agree never to institute any claim or lawsuit of any nature, any action at law, or otherwise against Company, or any of its affiliates, guides, pilots, officers, directors, agents, representatives, servants, employees, independent contractors, volunteers, insurers, members, successors, and/or assigns, nor to initiate or assist the prosecution of any claim for damages or any cause of action which I, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives hereafter may have by reason of death or injury to my person or damage to my property arising out of my participation in a Helicopter Tour. Should any lawsuit or action at law or otherwise be instituted in violation of this Agreement, I, on behalf of myself, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives, agree that Company, or any of its affiliates, guides, pilots, officers, directors, agents, representatives, servants, employees, independent contractors, volunteers, insurers, members, successors, and/or assigns, shall be entitled to recover, in addition to any other damages which may be incurred, all attorney’s fees and costs incurred in the defense of such actions, including appellate proceedings.

4. INDEMNITY AGAINST CLAIMS. I, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives agree to indemnify, defend, save, and hold harmless Company, or any of its affiliates, guides, pilots, officers, directors, agents, representatives, servants, employees, independent contractors, volunteers, insurers, members, successors, and/or assigns with regards to any and all losses, claims, actions, and proceedings of every nature whatsoever which may be presented or initiated by any person or entity, arising directly or indirectly out of my participation in any Helicopter Tour.

5. WAIVER OF JURY TRIAL/APPLICABLE LAW/VENUE/JURISDICTION. I agree that the law of the State of Idaho shall apply to all issues arising out of this Agreement, including but not limited to the construction, interpretation, and validity of this Agreement, and that Idaho law shall govern any dispute between me (including my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives) and Company, or any of its affiliates, guides, pilots, officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns arising out of my participation in a Helicopter Tour. In the event of any litigation arising out of this Agreement and/or my participation in a Helicopter Tour, I waive my right to a jury trial, and I agree that such litigation shall be brought in the state court for Madison County, Idaho. By signing this Agreement, I, on behalf of myself, my heirs, next of kin, assigns, personal representatives, administrators, guardians, and legal representatives, submit to the jurisdiction of the state court for Madison County, Idaho.

6. RIGHT TO PHOTOGRAPH. I grant Company, its representatives and employees the right to take photographs/videos of me and my property in connection with my Helicopter Tour. I authorize Company, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Company may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.

I EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF IDAHO, AND THAT IF ANY PORTION HEREOF IS JUDICIALLY DETERMINED TO BE INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL ITS TERMS AND PROVISIONS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM RELEASING COMPANY FROM ANY AND ALL LIABILITY THAT MAY ARISE OUT OF INJURY OR DEATH THAT I MAY SUFFER AS A PARTICIPANT IN A HELICOPTER TOUR.

HELICOPTER TOUR GUIDELINES

 The following guidelines are known as the Helicopter Tour Guidelines, and are part of the Waiver and Release of Liability signed by the Participant.

1. EMBARKING/DISEMBARKING THE HELICOPTER. It is important that all passengers understand the pre-flight briefing. The instructions given during the briefing educate you on the procedures to follow during your helicopter experience and are designed to keep you safe at all times. Please follow these instructions for your own safety around helicopters.

2. PAY ATTENTION TO THE PRE-FLIGHT BRIEFING. Before you fly, it’s important to know what is expected of you. The pilot and/or staff will tell you when and how to enter and exit the helicopter, they are there to ensure your safety but can only do so with your cooperation.

3. BEWARE OF THE ROTORS - DO NOT APPROACH FROM BEHIND.

• Wait for the crews’ signal before moving toward the helicopter.
• Approach the helicopter from the front or sides only.
• Never approach the helicopter from the rear and stay in front of the rear doors at all times.
• Stand low in a crouch as you approach a helicopter on level ground that has its rotors turning.

4. KEEP TRACK OF LIGHT AND LOOSE ITEMS.

• Securing your personal belongings is important.
• Lightweight items can blow away as you near the helicopter.
• Let an item go if it flies out of your hands. You could get hurt if you try to chase it.

Note: You are fully responsible for your own personal property brought onto the Company’s property before, during and after the Helicopter Tour. The Company does not provide security services for the protection of personal property

5. EXIT AND ENTER WITH SAFETY IN MIND.

• Always depart the helicopter in the same direction you entered it, from the front or side, and make sure it is in the safety zones described above.
• Remember NOT to wave your arms, jump, or lift anything over your head, and keep all loose personal items secure.
• Ensure that your safety belt is secure before takeoff.

6. WEATHER.

For your safety and the best experience possible, we do not fly in high winds, dust storms, thunderstorms, snow storms, or conditions which produce low-visibility or may cause an unsafe environment. 

7. LIMITATIONS.

• Intoxicated passengers will not be allowed to fly.
• Firearms, knives, sharp objects, weapons, compressed gases, explosives and flammable materials are not allowed on the property or inside the helicopter at any time.
• There is a strict 300 pound weight limit per seat and less than 560 pounds for all three passengers.
• Participants under the age of 18 must be accompanied by an adult.
• The minimum age for a tour participant is 3 years old.
• All passengers over the age of 16 must have a valid photo identification.
• You must arrive at least 30 minutes before your departure time. Failing to do so could result in a change of your reservation.
• No smoking or vaping is allowed during the flight.

8. IT IS PROHIBITED TO:

• Unbuckle the seat belt during the flight, other than emergency.
• Open or close the helicopter doors while the helicopter is moving, other than emergency.

WITNESS our signatures as of the day and date first above stated.

If Participant in under the age of eighteen (18), Parents or Guardians must also sign the following Agreement.

The undersigned declare that we are the Parents or Legal Guardians of the above-named Participant. In such capacity as Parents or Legal Guardians, we acknowledge that we have carefully read this Waiver and Release and we do hereby assume all responsibilities and obligations of Participant as set for therein and do specifically agree to indemnify and hold Company harmless as set forth in said Release.

CONSENT AS TO MEDICAL CARE
In addition, in the event of an emergency or non-emergency situation requiring medical treatment, the undersigned Parents or Legal Guardians hereby grant permission for any and all medical and/or dental attention to be administered to Participant, in the event of an accidental injury or illness. This permission includes, but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery, under the recommendation of qualified medical personnel. The undersigned request that we be contacted as soon as possible in the case such medical care is necessary or appears to be necessary.