Client Release of Liability

READ CAREFULLY BEFORE SIGNING

1. Midwest Air LLC, d/b/a Crosswinds Aviation (“Crosswinds”), is a Michigan Limited Liability Company, doing business in Michigan.  In Flight Aircraft LLC (“In Flight”) is a Michigan Limited Liability Company that owns and leases multiple aircraft for use in flight training, and for other purposes.  An updated list of aircrafts available for use at Crosswinds can be found at https://www.crosswindsaviation.com/aircraft-rental/.  In this Release of Liability and Indemnity Agreement, I hereby release and hold harmless Crosswinds, In Flight, and any other entity that owns the aircraft used by Crosswinds and/or In Flight and their officers, directors, employees, agents, volunteers, contractors, insurers, and affiliates (“the Released Parties”) from any claim, demand, loss, liability, damages, injuries, death, and attorney fees and costs whatsoever arising from, related to, or resulting from use of aircraft, or in any way related to this agreement, with the exception of acts of negligence, gross negligence, or willful misconduct by the Released Parties.
2. Crosswinds leases aircraft from various additional Michigan and foreign business entities (“Aircraft Owners”) that own and lease the aircraft to Crosswinds for use in flight training, and for other purposes.  Such aircraft and entities are referenced in the Crosswinds Aviation Pilot Guide (“Pilot Guide”)- https://www.crosswindsaviation.com/client-information-policies/.  The provisions of the Pilot Guide referencing such aircraft and Aircraft Owners are hereby incorporated by reference in order to define the aircraft and Aircraft Owners used by Crosswinds for flight training and other purposes.  The provisions of the Pilot Guide may be updated unilaterally by Crosswinds, with or without notice. Client is responsible for periodically reviewing the Pilot Guide to stay up to date on any posted changes or updates. Aircraft and Aircraft Owners shall also include any additional aircraft and Aircraft Owners leased or used by Crosswinds that are not included in the Pilot Guide.
3. (“Client”) is seeking to receive or provide aircraft flight instruction, rent an aircraft, utilize the services of a flight instructor, provide flight instruction, fly in aircraft, participate as a passenger in an aircraft during aircraft flight instruction, observe aircraft operations, and/or be present near aircraft and ramp operations for the purposes of flight instruction.  Client understands and agrees that the services provided by Crosswinds are sufficient consideration for entering into this Release of Liability and Indemnification Agreement and that this Agreement is a legally binding contract.
4. Client acknowledges, understands, and agrees that such activities and services necessarily entail risk of great bodily injury or death, from pilot error, error by Client or another Client of Crosswinds, other operational error, deficiency in classroom instruction, ground instruction, flight instruction, exposure to illness, or other cause.  In addition, an aircraft piloted by Client or instructor could crash from mechanical failure, negligent maintenance, range and altitude limitations of aircraft, defects in runways and unimproved landing strips, interference by wildlife, limited or nonexistent air traffic control and radar coverage, limited approach procedures to controlled airports, lack of instrument approach and departure procedures at airports, limited or nonexistent search and rescue, unfavorable weather or terrain conditions, latent defects in aircraft, the possibility of contaminated fuel, hostile environment or government activities, terrorist acts, lack of sufficient security for aircraft and personnel, other causes, or a combination of causes.    
5. Client acknowledges, understands, and agrees that flight instruction, flight rental, and other services provided by Company require in person interaction with instructors, employees, and other individuals on the premises.  Client acknowledges, understands, and agrees that participating in such activities entail risk of exposure to airborne and other illnesses including, but not limited to, Covid-19 or any other illness whether known or unknown as of the date of this release. 
6. Client acknowledges, understands and agrees that such activities, in person interaction, and services necessarily entail risk of great bodily injury or death, and that following training with Crosswinds, Client will not hold Crosswinds or any of the Released Parties liable for deficiency in classroom instruction, ground instruction, flight instruction, protection from exposure to illness, or other cause whatsoever, including for causes or incidents unrelated to Crosswinds.

7. Client acknowledges, understands and agrees that Client, any other Client of Crosswinds, or an instructor pilot, who are on board an aircraft with Client, do so not as commercial passengers or paid for by Crosswinds, In Flight, Aircraft Owners, or any of their affiliates, members, managers, or any other organization or person, nor is the flight part of any corporate flight department.  The flight is entirely private. 

8. Client acknowledges, understands and agrees that this Release of Liability extends to any passengers accompanying Client in any aircraft.  Regardless of whether the passenger signs a Release of Liability, Client assumes all liability for the passenger and Crosswinds shall not be held liable for any risk of great bodily injury or death to the passenger associated with the activities outlined in this Agreement.  Client agrees and understands that the indemnity provisions in Paragraph 12 herein extend to indemnification for any alleged claims for liability or other claims made by passengers and/or passengers heirs, agents, and/or representatives and Client assumes all responsibility and liability for any said claims or allegations.

9. Client is fully aware of and understands the risks referred to above and after consideration of such risks, wishes to engage in the activities described above, even though Crosswinds, In Flight, and Aircraft Owners, or any of their affiliates, members, managers, or any other organization or person. Client acknowledges and agrees that such entities and their affiliates are not liable to Client or any of Client’s family members, agents, heirs, successors, assigns, or other persons who have an interest in Client’s life or affairs.
10. Client, on behalf of himself or herself, his or her family members, agents, heirs, successors and assigns, hereby releases and forever discharges Crosswinds, In Flight, and Aircraft Owners, and any of their members, managers, directors, officers, agents, flight instructors, attorneys and employees, and their families, from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death, which Client may now own or hold, or has at any time heretofore owned or held, or may at any time hereafter own or hold by reason of any matter, cause of thing whatsoever, occurred, done, omitted or suffered to be done, or failed to be done, in connection with any rental of an aircraft, use of the services of a flight instructor, flight in aircraft, observance aircraft operations, and/or presence near aircraft and ramp operations for purposes of flight instruction as described herein.  If Client has not reached the age of majority, Client’s legal parent or guardian, as indicated below, on behalf of himself or herself, and on behalf of the Client and the persons described in the first paragraph of this Section 10, agrees to the provisions of this Agreement on behalf of Client.

11. Client or parent/guardian has read and understands the terms and conditions contained in this Release of Liability and Indemnity Agreement. (“Agreement”).  Client and/or Client’s legal parent or guardian, understands and acknowledges that he or she has been advised to seek advice from legal counsel and that if Client or Client’s legal parent or guardian has any doubt in signing or if there is any word or phrase that Client or parent/guardian did not understand, that Client has sought the advice of an attorney or other person for an explanation before signing this Agreement.  By signing this Agreement, Client and/or Client’s legal parent or guardian acknowledges that he or she has either sought the advice of legal counsel or wishes to now intentionally waive the opportunity to talk to a lawyer by signature on this Agreement.  Client and/or parent/guardian acknowledges that neither Client nor Client’s heirs or representative will later claim in the event of injury, death or property damage, that Client or parent did not understand what he or she was signing and agreeing to in this Agreement.

12. Client understands and acknowledges that this Agreement is intended as a complete and continuous release for all flights, transportation, or activities in relation to flight instruction as described in this Agreement.
13. Client understands and acknowledges that by signing this Agreement, Client agrees to hold harmless and indemnify (reimburse) the parties being released for any costs or attorney’s fees that may be incurred as a result of any challenge to this Agreement or legal action brought in contravention of this Agreement, and/or in litigation resulting from Client’s, passengers, or any third-party’s injury, death or property damage, in connection with Client’s activities in relation to flight instruction, or otherwise.
14. Client understands and acknowledges that if Client, or Client’s legal parent or guardian, elects to execute and sign this Agreement electronically, Client or Client’s legal parent or guardian may not dispute the validity and enforceability of the electronic signature.  Electronically signing or submitting the form shall constitute agreement to conduct the transaction by electronic means pursuant to MCL §450.835(2) of the Michigan Uniform Electronic Transmissions Act of 2000.  Client understands and acknowledges that photographic, facsimile, or e-mail reproductions of the executed Agreement will be relied upon, treated, and enforced as if the copy were an original.
15. Client agrees that if any provision of this Agreement is found to be unenforceable or invalid, that provision may be severed from the Agreement and the remainder construed as though the unenforceable provision were not part of the Agreement.
16. In the event that a legal parent or guardian is signing this Agreement on behalf of any minors, that the legal parent or guardian has full legal authority to do so, and agrees that the terms and conditions of this Agreement are binding upon them, as well as upon the Client. 
17. Client acknowledges that regardless of whether or not Client has obtained a valid Concealed Pistol License in the state of Michigan, or any other state that under no circumstances shall Client be in possession of a fire arm while engaging in any of the activities described in this agreement herein.
18. Client acknowledges that Client shall not engage in any of the activities described in this agreement herein while under the influence of alcohol or drugs of any kind.  Client acknowledges that regardless of whether or not Client has obtained a valid medical marihuana registration or prescription, Client shall not engage in any of the activities described in this agreement herein while taking medical marihuana. 
19. The Parties agree that the forum, jurisdiction and venue for any dispute arising under this Agreement shall be in the Livingston County Circuit Court or the Fifty-Third District Court in Livingston County, Michigan, as the case may be.
20. The terms and conditions of this Agreement shall continue in perpetuity and shall not lapse.

I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY.  I FULLY UNDERSTAND ITS CONTENTS AND THE PROMISES I AM MAKING BY SIGNING IT.