Aerogelic Ballooning

Terms and Conditions of Our Hot Air Balloon Rides in Phoenix

For and in consideration of being permitted to participate as a passenger in a hot air balloon, hereinafter referred to

as “the Balloon”, that is in any way sponsored, owned or hired by, or assigned to, or associated with, Aerogelic

Ballooning,. I, the undersigned, for myself, my personal representatives, heirs, executors, assigns, and next of kin, do:

1. Hereby release, waive, discharge and covenant not to sue Aerogelic Ballooning, the balloon pilot, the balloon crew,

the owners and/or sponsors of the balloon, and the officers, directors, employees, agents, successors, and assigns of

each of them, all hereinafter collectively referred to as “Releasees”, from and against any and all liability to the

undersigned, or the undersigned’s personal representatives, heirs, executors, assigns, and next of kin, for any and all

loss, damage, or expense (including reasonable attorney’s fees), and any claims, demands, suits, or actions therefore,

on account of bodily injury (including death) or damage to, or loss of property sustained by the undersigned’s personal

representatives, heirs, executors, assigns and next of kin, whether caused by negligence on the ground or in the air,

and/ or within common law protected without prejudice (UCC 1-207).

2. Hereby agree to indemnify, save and to hold harmless the Releasees, and each of them, from any and all loss,

liability, damage, cost of expenses, they may incur due to the presence of, or any action by, the undersigned in or about

the balloon, whether caused by negligence of the Releasees or otherwise. Also within common law protected without

prejudice (UCC 1-207).

The undersigned expressly agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as

is permitted by applicable law and,within common law protected without prejudice (UCC 1-207) if any portion thereof is

held invalid, that the balance shall continue in full force and effect.

Please print and sign the following before your hot air balloon ride (one per person):

The undersigned hereby warrants that the following statements are true and correct and that the Releasees have

relied thereon in giving permission to the undersigned to be in or about the Balloon. The undersigned understands and

acknowledges that all or any flight time and altitude is under the discretion of the pilot and all dues fees or trade will be

charged immediately upon launch.

No oral representations, statements or inducements apart from the foregoing have been made. I assume full

responsibility for, and risk of, bodily injury, death, or property loss or damage due to my own negligence or others upon

entering the ballooning area.

This signature also certifies that the I have no physical or psychological problems that would prohibit me from

participating in this balloon flight.

I have read and voluntarily signed this Release and Waiver Agreement, I understand and acknowledge that this is

a release of liability and a contract between undersigned and all parties involved, and I sign this on my own free will.

By signing, I also understand there is a 48 hour cancellation policy. This means that, once scheduled, I

understand that I must cancel as LEAST 48 hours in advance. By doing so, full credit for the flight price will be applied to

another flight within 6 months from the date of purchase. Failing to meet the 48 hour deadline may result in full forfeiture

of ticket price, and will require me to make my next reservation not more than 24 hours in advance, schedule and

weather permitting.

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Printed Name Signature Date