Liability Waiver

GLIDING, SOARING, FLYING AND ANY AVIATION RELATED ACTIVITIES ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY OR DEATH.

THIS IS AN IMPORTANT LEGAL DOCUMENT. READ IT CAREFULLY BEFORE SIGNING.

UNUSUAL ATTITUDES, INC. d/b/a MIAMI GLIDERS
INFORMED CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER, AND INDEMNITY AGREEMENT

1. PARTIES AND DEFINITIONS

This Informed Consent, Assumption of Risk, Release of Liability, Waiver, and Indemnity Agreement (this "Agreement") is entered into by the undersigned participant ("Participant") in favor of UNUSUAL ATTITUDES, INC., a Florida corporation doing business as MIAMI GLIDERS, together with its owners, directors, officers, members, shareholders, employees, independent contractors, instructors, tow pilots, ground crew, volunteers, agents, successors, assigns, affiliates, parent companies, subsidiaries, insurers, aircraft owners, aircraft lessors, and any person or entity providing aircraft, equipment, facilities, or services in connection with the activities described below (collectively, the "Released Parties").

"Aviation Activities" means any and all activities conducted by or through Miami Gliders, including without limitation glider and sailplane flight operations, soaring, tow aircraft operations, powered aircraft operations, preflight and postflight procedures, ground handling, boarding and deplaning, taxi operations, instruction, introductory flights, demonstration flights, flight training, spectating, presence on airport ramps and movement areas, and use of Miami Gliders' equipment, facilities, vehicles, and property.

2. INFORMED CONSENT AND ASSUMPTION OF RISK

Participant acknowledges that Aviation Activities involve inherent and other risks that no amount of care, caution, instruction, or expertise can eliminate. These risks include, without limitation: aircraft malfunction, structural failure, engine or tow rope failure, loss of lift, stall, spin, unusual attitudes, turbulence, windshear, thunderstorms, microbursts, bird strikes, mid-air collision, collision with terrain, trees, wires, structures, vehicles, or other aircraft, off-airport or emergency landings, pilot error (including the pilot-in-command of any aircraft Participant occupies), error or negligence of Released Parties or other participants, equipment defect, maintenance error, fuel contamination, fire, explosion, exposure to weather, hypoxia, decompression, G-forces, motion sickness, altered perception, loss of consciousness, drowning, injuries sustained while entering or exiting aircraft, slip and fall, impact, lacerations, fractures, paralysis, permanent disability, disfigurement, and DEATH.

Participant has had the opportunity to ask questions about Aviation Activities and has received answers satisfactory to Participant. Participant is voluntarily participating with full knowledge of these risks and VOLUNTARILY ASSUMES ALL RISKS associated with Aviation Activities, whether known or unknown, foreseen or unforeseen, including risks arising from the ordinary negligence of any of the Released Parties.

3. MEDICAL FITNESS REPRESENTATIONS

Participant represents and warrants that Participant is physically and mentally fit to engage in Aviation Activities and is not currently suffering from, being treated for, or impaired by any condition that would affect Participant's ability to safely participate, including without limitation:

1. cardiac or pulmonary condition or disease;
2. high or low blood pressure;
3. fainting, fatigue, dizzy spells, seizures, or convulsions;
4. extremely poor or uncorrected vision;
5. hearing loss or serious hearing impairment;
6. nervous, psychiatric, or psychological disorders;
7. diabetes;
8. kidney or related disease;
9. shortness of breath, untreated asthma, or other respiratory impairment;
10. chronic or manic depression, bipolar disorder, or similar condition;
11. pregnancy;
12. recent surgery, injury, or illness affecting physical capacity; or
13. current use of alcohol, controlled substances, or medications that impair cognition, reaction time, balance, or motor function.

Participant agrees to immediately inform Miami Gliders before flight if any of the foregoing conditions exist or develop. Participant understands that Miami Gliders relies on these representations and may refuse flight at its sole discretion.

4. RELEASE AND WAIVER OF LIABILITY

In consideration of being permitted to participate in Aviation Activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant, on behalf of Participant and Participant's spouse, heirs, next of kin, executors, administrators, personal representatives, successors, and assigns, hereby FULLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any and all liability, claims, demands, causes of action, damages, losses, costs, and expenses of any kind, whether known or unknown, that arise out of or relate in any way to Aviation Activities or to Participant's presence on or about Miami Gliders' premises, equipment, or aircraft, including without limitation claims for personal injury, bodily injury, death, property damage, emotional distress, loss of consortium, wrongful death, and survival actions.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, WHETHER SUCH NEGLIGENCE IS ACTIVE OR PASSIVE, SOLE, JOINT, OR CONCURRENT. This Release does not apply to conduct that is grossly negligent, intentional, or involves reckless or willful misconduct, and does not waive any right that cannot be waived under Florida law.

5. COVENANT NOT TO SUE

Participant promises not to file, prosecute, or maintain any lawsuit, arbitration, administrative proceeding, or other claim against any of the Released Parties for any matter released under this Agreement, and directs Participant's spouse, family, heirs, executors, administrators, personal representatives, and assigns not to do so on Participant's behalf.

6. INDEMNIFICATION

Participant shall INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, suits, judgments, settlements, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees, expert fees, arbitration fees, court costs, and costs of investigation) arising out of or relating to: (a) any claim brought by or on behalf of Participant, Participant's spouse, family, heirs, estate, or assigns against any Released Party that is released or waived under this Agreement, including claims based on the Released Parties' own ordinary negligence; (b) Participant's breach of any representation, warranty, or covenant in this Agreement; and (c) Participant's own negligent, reckless, or intentional acts or omissions. This indemnity is intended to be enforced to the fullest extent permitted by Florida law and expressly covers claims arising from the Released Parties' own ordinary negligence; it does not extend to a Released Party's own gross negligence, intentional misconduct, or any other liability that cannot be indemnified under Florida law.

7. FEDERAL REGULATION AND FAA MATTERS

Participant acknowledges that Aviation Activities are regulated by the Federal Aviation Administration and that certain claims relating to aircraft operations may be governed or preempted by federal law. Nothing in this Agreement is intended to waive any right that may not lawfully be waived, and this Agreement shall be construed consistently with applicable federal law.

8. NO REPRESENTATION REGARDING INSURANCE

Participant acknowledges that Miami Gliders has made no representation or guarantee regarding insurance coverage for Participant. Participant is solely responsible for obtaining any life, health, disability, or accident insurance Participant desires. Participant acknowledges that Participant's own health insurance may be the primary source of coverage for any injury sustained.

9. MEDIA RELEASE

Participant grants Miami Gliders and its designees the irrevocable right to record, photograph, and film Participant during Aviation Activities and to use such recordings, photographs, and film, and Participant's name and likeness, for any lawful purpose, including marketing and promotion, without compensation. You may opt out of the media release using the checkbox below the form.

10. GOVERNING LAW, VENUE, AND JURY WAIVER

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. The exclusive venue for any dispute arising out of or relating to this Agreement or Aviation Activities shall be the state or federal courts located in Miami-Dade County, Florida, and Participant consents to the personal jurisdiction of those courts and waives any objection to venue. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT WAIVES THE RIGHT TO TRIAL BY JURY in any such action.

11. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between Participant and Miami Gliders concerning its subject matter, supersedes all prior oral or written communications, and may be modified only by a writing signed by an authorized officer of Miami Gliders. No failure or delay by Miami Gliders in enforcing any right shall operate as a waiver.

12. ACKNOWLEDGMENT

Participant acknowledges that Participant: (a) is at least 18 years of age and of sound mind, or is signing also as a natural guardian on behalf of a minor as set forth below; (b) has carefully read this Agreement in its entirety; (c) has had the opportunity to ask questions and seek independent legal counsel; (d) understands that this Agreement gives up substantial legal rights, including the right to sue; and (e) signs this Agreement freely, voluntarily, and without duress.