52
Safety Warning and Disclaimer
(Partial)
and
Assumption of Risk
See Full Statement, Pages 5 - 7
Warning
The Radio Controlled (R/C), Almost Ready to Fly Aircraft (“ARF”) is
NOT A TOY
and is potentially dangerous
to property and individuals within several miles of your flying area. It is capable of causing death, serious
bodily harm, and property damage if it strikes an individual or personal property.
Assumption of the Risk
Participation in the operation of remote controlled aircraft is voluntary. I understand that the operation of
remote controlled aircraft is a dangerous sport which can result in bodily injury, death, and/or damage to
property for many reasons, including but not limited to airplane accidents involving third parties known and
unknown to the user; equipment failure, malfunction, or misuse; weather conditions such as storms and
lightning; the training, acts, omissions, recommendations or advice given by your local Hobby Shop or the
Academy of model Aeronautics concerning the operation of remote controlled aircraft and related activities
such as transportation to and from the site; and first-aid, emergency treatment or other services rendered
to me as a user or others. I understand and acknowledge that the above list of reasons is not complete or
exhaustive. I accept and hereby assume all risks of injury, death, illness or disease, or other damage to
myself, to others, or to my property which arise from participation in the referenced activities.
Release:
I hereby voluntarily release, and forever discharge GOLDEN SKIES R/C AIRCRAFT, INC., a California
Corporation, on its behalf and on the behalf of its successors and assigns, and each of them (“Golden
Skies”) and its subcontractors, and all other persons or entities associated with it, including other participants,
(hereafter collectively the released parties) from all liability, claims, demands, actions or causes of action
for bodily injury, death, illness, disease or damage to myself, to any participating minor child of mine, or to
my property which are related to, arise out of, or are in any way connected with participation in the above
referenced activities, including but not limited to those arising from any negligent or reckless acts or omissions
or breach of contract of the released parties, or hidden defects in the equipment used. This release is
intended to be as broad and inclusive as is permitted by California law, and shall be construed and interpreted
under California law. If any portion, clause or sub clause is held invalid, I agree that the balance shall
continue in full force and effect.
Maintain Proper Insurance Coverage:
It is also mandatory that all R/C airplane pilots obtain adequate insurance through their your homeowner’s
policy or a separate policy to cover liability in the event of property damage or injury to individuals or
personal property. Additionally, all R/C airplane pilots should join the AMA to become secondarily insured.
Indemnification:
The user of this product agrees to indemnify and defend Golden Skies R/C Aircraft, Inc., a California
Corporation, as well as all employees, shareholders, directors, officers and agents thereof ( “Golden Skies”)
, against any claims, lawsuits or actions arising as a result of the use of the radio controlled aircraft, and
shall pay for all legal expenses incurred by Golden Skies in connection with the defense of such matters,
whether or not such claims are resolved without trial or other final decision and whether or not such expenses
are incurred in the defense of litigation or simply incurred prior to litigation in connection with an informal
claim. The obligation of the user to indemnify Golden Skies is express and unequivocal. The user is expressly
obligated to indemnify Golden Skies for Golden Skies’ own negligence if any, which may give rise to any
claim arising in connection with the use or misuse of the aircraft or components thereof
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