Spaceport America Drone Summit Waiver and Release Liability
I, THE UNDERSIGNED, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE SPACEPORT AMERICA CUP EVENT (THE “EVENT”) AND ANY/ALL ACTIVITIES ASSOCIATED WITH THE EVENT (THE “EVENT ACTIVITIES”), including, by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities hereby released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for my participation in the Event or Event Activities, and have not been advised to refrain from participation by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Event or Event Activities. I further certify that I am not under the influence of any narcotic, alcohol or other drug that may impair my understanding or judgment and that I will not at any time during the event operate my unmanned vehicle or aircraft under the influence of any narcotic, alcohol or drug.
I acknowledge that this Waiver and Release of Liability Form will be used by Spaceport America, the New Mexico Spaceport Authority (an agency of the State of New Mexico) (the “Authority’), the State of New Mexico (the “State’), including the New Mexico State Land Office (the “SLO”) and the sponsors of the Event and Event Activities, and that it will govern my actions and responsibilities with respect to the Event and the Event Activities in which I participate. In consideration of my application and permission to participate in the Event and the Event Activities in which I participate, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons hereby released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to me, including my traveling to and from the Event or Event Activities. THE FOLLOWING ENTITIES OR PERSONS ARE HEREBY RELEASED: Spaceport America, the Authority, SLO and the State and/or their respective directors, officers, employees, volunteers, representatives and agents (collectively, the “Released Persons”); and
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Persons mentioned in subparagraph (A) above, from any and all liabilities or claims made by other individuals as a result of my participation and actions in the Event and in any Event Activities, whether caused by the negligence or fault of any of the Released Persons, or otherwise. Accordingly, I do hereby release and discharge the Released Persons from all claims, demands, and causes of action of every kind whatsoever for any death, damages, and/or injuries which may result from my participation in this event.
I acknowledge that the Released Persons are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting the Event or any specific Event Activities. I acknowledge that the Event and any Event Activities in which I participate may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, spaceway traffic, condition of the spaceway surface, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Event and any Event Activities. These risks are not only inherent to participants, but are also present for observers and volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Event or any Event Activities in which I participate. I agree to pay for any and all costs related to medical response, treatment and transport on my behalf. I understand that while participating in the Event or any Event Activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Event and Event Activities holders, producers, sponsors, organizers, and assigns.
This Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law, including a release and waiver of any claims that could be asserted against the Released Persons pursuant to the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 to -27 (1976, as amended through 2015), and as it may be subsequently amended.
New Mexico Film Museum d/b/a/ New Mexico Filmmakers Give Back Release and Waiver of Liability and Indemnity Agreement
I, THE UNDERSIGNED, in consideration of the opportunity to attend, observe and participate in lawful activities at the Spaceport America Drone Summit Event at Spaceport America (the “Event’), hereby assume all risks that may exist, arise or occur, known and unknown, in connection with the Event and that I: ,
1. HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the New Mexico Film Museum d/b/a/ New Mexico Filmmakers Give Back and any and all of its directors, officers, employees, volunteers, representatives, agents and sponsors, all for the purposes herein referred to as “releasees”, from all liability to the undersigned, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is present at the Event or any part thereof, and/or while observing, working , or for any other purpose whatsoever;
2. HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned at the Event or any part thereof, and/or while observing, working, or for any other purpose whatsoever whether caused by the negligence of the releasees or otherwise; and
3. HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while present at the Event or any part thereof, and/or while observing, or working for or for any other purpose whatsoever.
THE UNDERSIGNED expressly acknowledges and agrees that the activities of the Event are very dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Mexico and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
AMA Flight Safety Declaration
By agreeing to the AMA Flight Safety Declaration, each participant attests to the fact that he/she has the appropriate experience to participate in the event, or will be assisted by an experienced participant during any and all flights in which he/she may participate. All model aircraft (including control systems, if applicable), used in the event have previously been successfully test-flown and are therefore qualified to be flown in the presence of fellow participants, event officials, and all others who may be in the flight area during the event period. In addition, for sanctioned competition events, the participant also attests that he/she and any and all model aircraft have previously successfully completed a flight, including, if applicable, all manoeuvres intended or anticipated prior to the specific competition event, or any demonstration flights that may be within the competition event designated time period. AGE CLASS: Youth-Junior: Age 0-14 (by July 1); Youth-Senior: Age 15-18 (by July 1); Adult: Age 19+ (by July 1).
I have read the Spaceport America Drone Summit Waiver and Release Liability Form, the New Mexico Film Museum d/b/a/ New Mexico Filmmakers Give Back Release and Waiver of Liability and Indemnity Agreement, and the AMA Flight Safety Declaration and fully understand its content and I am aware that this is a release of liability and a contract and that I approve it and agree to be bound of my own free will.