WAVER AND RELEASE OF LIABILITY (ASSUMPTION OF RISK)
Updated: July 7, 2022
By my acceptance of the SmoothSkies Services Online Terms of Sale and this Waiver and Release of Liability (“Release”), I agree to all the terms and conditions set forth in this Release.
I am aware and understand that the Company will use unmanned aerial vehicles to conduct activity in the airspace over my property (the “Activity”) as part of the Services I am requesting. Such Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity the Company cannot guarantee that I will not be injured while on the Premises during such Activity. NOTWITHSTANDING THIS RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY REQUESTING THE PERFORMANCE OF THE SERVICES AND/OR ACCESSING THE PREMISES DURING THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees") on account of personal injury, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to the performance of the Services or my being on the Premises during the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Texas law does not permit to be released by agreement.
I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity, including while on the Premises during the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the Premises or during the Activity. If at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. I acknowledge that the Company is relying on these statements as a condition for performing the Services.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
I hereby consent and grant to the Company (and its personnel) the right to access the premises for purposes of: (i) retrieving any Company property that may remain on the Premises during or after the period that Activities are conducted; (ii) evaluating and documenting any reported or actual damage that may have been caused during the Activity, or (iii) preventing or mitigating any damages that may be threatened or may occur during the Activity.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Harris County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
BY CLICKING TO ACCEPT THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.