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

On this date, the undersigned ("Participant"), desire to take a recreational air tour, chartered flight, or flight lesson (“Seaplane Flight”) with Air & Opportunity Aviation, LLC, dba Coastal Seaplanes (“Company”). I understand and acknowledge that my Seaplane Flight 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 Seaplane Flight.

IN CONSIDERATION of providing me with a Seaplane Flight, I agree as follows:

1. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISK. I freely and voluntarily choose to assume all the risks inherent in seaplane flight, occurring during the time that I am approaching, in, entering or alighting from a seaplane piloted by or under the control of or owned by Company, including but not limited to risks of negligent conduct of others, equipment or seaplane malfunction, and improper or negligent operation of seaplane. 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 Seaplane Flight.

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 Seaplane Flight.

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 Seaplane Flight. 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 Seaplane Flight.

5. WAIVER OF JURY TRIAL/APPLICABLE LAW/VENUE/JURISDICTION. I agree that the law of the State of Virginia 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 Virginia 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 Seaplane Flight. In the event of any litigation arising out of this Agreement and/or my participation in a Seaplane Flight, I waive my right to a jury trial, and I agree that such litigation shall be brought in the state court of Newport News, Virginia. 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 the City of Portsmouth, Virginia.

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 Seaplane Flight. 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 VIRGINIA, 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 SEAPLANE FLIGHT.

SEAPLANE FLIGHT GUIDELINES
The following guidelines are known as the Seaplane Flight Guidelines and are part of the Waiver and Release of Liability signed by the Participant.

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

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 Seaplane, they are there to ensure your safety but can only do so with your cooperation.

3. KEEP TRACK OF LIGHT AND LOOSE ITEMS.

• Securing your personal belongings is important.
• Items can fall into the water entering and exiting the Seaplane.
• Let an item go if it falls out of your hands. You could get hurt or fall into the water 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 Seaplane Flight. The Company does not provide security services for the protection of personal property.

5. EXIT AND ENTER WITH SAFETY IN MIND.

• Always enter and depart the Seaplane as the pilot instructs you to. Use caution and move slowly.
• 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, high wave height, thunderstorms, snowstorms, or conditions which produce low-visibility or may cause an unsafe environment. 

7. LIMITATIONS.

• Intoxicated passengers will not be allowed to fly.
• Firearms, Compressed gases, explosives, and flammable materials are not allowed on the property or inside the Seaplane at any time, unless previously declared to the pilot and secured in the aircraft as HAZMAT with proper declarations and paperwork.
• Participants under the age of 18 must be accompanied by an adult.
• All passengers over the age of 16 must have a valid photo identification.
• You must arrive at least 20 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 Seaplane doors while the Seaplane is moving, other than during an emergency.

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

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.

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.