1. Waiver of Claims. In consideration of being permitted to participate in the WNYAAC, Inc. program, I waive, release and discharge any and all claims of any kind whatsoever that I may have against WNYAAC, Inc. and its shareholders, officers, directors, employees, agents, volunteers, and representatives (all of whom shall hereafter be referred to as the “Releasees”), including but not limited to any claim for damages, relief or compensation which I may have by reason of injury, death, property damage or loss of any kind arising out of my participation in any part of the WNYAAC, Inc. program (including airplane, glider or helicopter rides). 2. Hold Harmless. To exempt, absolve, hold harmless and indemnify the Releasees of and from any and all current or future responsibility, liability, duty of care, and/or claims arising out of any injury, death or loss while participating in any part of the WNYAAC, Inc. program (including airplane, glider or helicopter rides), even if such loss, damage, injury, or death is the result of negligence on the part of any or all of the Releasees, or from any other cause. The parent or legal guardian of any minor named above hereby expressly agree to indemnify and hold harmless the Releasees from any claims, losses, costs or expenses of any kind, including attorneys’ fees, which Releasees may incur as a result of any lawsuit, claim or demand made by said minor against Releasees for any of the activities contemplated herein, to include but not limited to any such lawsuit, claim or demand asserted against Releasees after said minor reaches the age of majority. 3. Covenant Not To Sue. I hereby covenant not to sue and agree to never initiate, or be a party to any lawsuit, claim, demand, prosecution or action of law for any damages, relief, or compensation, which I may have by reason of injury, death, damage or loss of any kind whatsoever relating to the negligence on the part of any or all of the Releasees arising out of my participation in any part of the WNYAAC, Inc. program (including airplane or helicopter rides). 4. Scope. That this Release shall be effective and fully binding upon my heirs, next of kin, executors, administrators, and assigns in the event of my death. 5. Severability. If a court of competent jurisdiction should decide that any part of this Release is illegal, or unenforceable, or void as a matter of public policy or otherwise, such a determination shall not affect the validity, or enforceability of the remaining provisions. Specifically, to the extent that it may be determined by a court of competent jurisdiction that a complete release of any legal right referenced herein is illegal, unenforceable or void as a matter of public policy, then I hereby consent to a limitation of liability for any injury, death, damage or loss to no more than $500,000.00, which damages must be specifically alleged and proved in a court of competent jurisdiction. 6. Choice of Law. This Release shall be governed by and construed under the laws of New York. I agree that any legal action or proceeding relating to this Release, or arising out of any injury, death, damage or loss as a result of my participation in any part of the WNYAAC, Inc. program (including airplane or helicopter rides), shall be brought only in the Supreme Court of Genesee County, New York or the Federal District Court in the Western District of New York. We have been given ample time to read this Release, and fully accept its contents and conditions and agree to them by checking "I have read and understand" this Release voluntarily. We are aware that by agreeing to this Release that we are waiving certain legal rights which I or my heirs, next of kin, executors, administrators, and assigned may have against the Releasees.
