Online air waiver- a smart digital waiver
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FOR AND IN CONSIDERATION OF BEING PERMITTED TO USE THE AIRPORT AND RUNWAY FACILITIES LOCATED ON THE JL BAR RANCH LP, 2610 PRIVATE ROAD 2254, SONORA, SUTTON COUNTY, TEXAS 79650 (COLLECTIVELY, THE “AIRPORT FACILITIES”), EACH OF THE UNDERSIGNED (FOR ITSELF AND ANY PERSON OR ENTITY CLAIMING RIGHTS BY THROUGH OR UNDER THE UNDERSIGNED) AGREES THAT NEITHER JL BAR RANCH, LP, JBA DIVERSIFIED HOLDINGS, LLC, LONESOME CREEK RESORT, LLC, SONORA TROPHY HUNTS, LLC OR ANY OF THEIR PARENT ENTITIES, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ATTORNEYS, INSURERS, AGENTS, CONTRACTORS OR EMPLOYEES, INCLUDING WITHOUT LIMITATION JAMES B. ARCHER OR LOIS R. ARCHER (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), SHALL, AT ANY TIME OR TO ANY EXTENT WHATSOEVER, BE LIABLE OR RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY LOSS, INJURY, DEATH OR DAMAGE TO ANY PERSONS OR PROPERTY WHICH AT ANY TIME MAY BE SUFFERED OR SUSTAINED IN CONNECTION WITH OR ARISING OUT OF THE UNDERSIGNED’S USE OR OCCUPANCY OF THE AIRPORT FACILITIES (COLLECTIVELY, THE “RELEASED CLAIMS”). FOR AVOIDANCE OF DOUBT, THE “RELEASED CLAIMS” INCLUDE ANY CLAIMS OR DEMANDS AGAINST THE INDEMNIFIED PARTIES IN CONTRACT, TORT, AT LAW OR IN EQUITY WHICH MAY BE SUFFERED OR SUSTAINED IN ANY WAY, DIRECTLY OR INDIRECTLY, WITH THE UNDERSIGNED’S USE OR OCCUPANCY OF THE AIRPORT FACILITIES, INCLUDING (A)(I) ANY DAMAGE OR DESTRUCTION TO THE AIRCRAFT OR PERSONAL PROPERTY OF THE UNDERSIGNED OR ANY OF ITS EMPLOYEES, PASSENGERS, GUESTS, INVITEES, AGENTS OR ANY OTHER THIRD PARTIES, (II) ANY DEATH OR BODILY INJURY TO THE UNDERSIGNED, ITS EMPLOYEES, PASSENGERS, GUESTS, INVITEES, AGENTS OR ANY OTHER THIRD PARTIES OR (B) ANY CLAIM AGAINST THE INDEMNIFIED PARTIES AS A RESULT OF THE NEGLIGENT DESIGN, INSPECTION, REPAIR, OPERATION OR MAINTENANCE OF ANY OR ALL OF THE AIRPORT FACILITIES INCLUDING, BUT NOT LIMITED TO, ITS RUNWAY, TAXI WAY, TIE DOWNS, HANGARS, EQUIPMENT, FUEL, OFFICE BUILDINGS OR SERVICES RENDERED TO THE UNDERSIGNED. THE RELEASED CLAIMS ARE FOREVER WAIVED AND RELEASED WITHOUT REGARD TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESS, WILLFUL AND/OR DELIBERATE CONDUCT OF THE INDEMNIFIED PARTIES, INCLUDING THE INDEMNIFIED PARTIES’ SOLE OR CONTRIBUTORY NEGLIGENCE.
UNDERSIGNED OWNER AND OPERATOR EACH JOINTLY AND SEVERALLY AGREES TO FULLY INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITIES, LOSSES, DAMAGES OR EXPENSES, INCLUDING THE INDENMIFIED PARTIES’ REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RESULTING FROM THE RELEASED CLAIMS. EACH UNDERSIGNED ACKNOWLEDGES THAT THE RELEASE AND INDEMNITY PROVIDED FOR IN THIS DOCUMENT IS INDEMNITY BY THE UNDERSIGNED TO RELEASE, INDEMNIFY AND PROTECT INDEMNIFIED PARTIES FROM ALL OF THE CONSEQUENCES OF INDEMNIFIED PARTIES WITHOUT REGARD TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESS, WILLFUL AND/OR DELIBERATE CONDUCT OF THE INDEMNIFIED PARTIES, INCLUDING THE INDEMNIFIED PARTIES’ SOLE OR CONTRIBUTORY NEGLIGENCE. THE RELEASES AND INDEMNITIES CONTAINED HEREIN SHALL BE CONSTRUED AS BROADLY AND LIBERALLY AS POSSIBLE IN FAVOR OF AND FOR THE BENEFIT OF THE INDEMNIFIED PARTIES.
Each person executing this Agreement warrants that he or she is authorized to do so on behalf of the party for whom he or she has signed this Agreement. This document and the benefits accruing to the Indemnified Parties may not be waived, abridged, modified, supplemented, amended or superseded by oral agreement and the foregoing stipulation may not be modified or waived by oral agreement. This document may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one agreement. A photographic, photostatic, facsimile or similar reproduction of a writing signed by a person, shall be regarded as signed by the person for all purposes.
IN WITNESS WHEREOF, the undersigned has duly executed this document as of the date and year set forth below.
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