Release of Liability

  • RELEASE OF LIABILITY
    READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

    In exchange for participation in the activity of Project PoSSUM Scientist-Astronaut Qualification Program or PoSSUM Academy organized by Project PoSSUM, Inc. (“PoSSUM”), of 1830 22nd street Suite 6, Boulder, Colorado 80302 and Integrated Spaceflight Services, LLC ("ISS"), of 3360 Mitchell Lane, Suite C, Boulder, Colorado, 80301 and/or use of the property, facilities and services of ISS, and the use of the property, facilities and services of ISS’s affiliate organizations, including Final Frontier Design, of 63 Flushing Ave Unit 163, Brooklyn, NY 11205; Patty Wagstaff Airshows, Inc., Southeast Aero Services, and Southeast Aero Sales, of 385 Hawkeye View Lane, St. Augustine, Florida; and the Southeast Aeromedical Institute, of 1698 W. Hibiscus Blvd, Melbourne, Florida 32901 (the “Affiliates”). I agree to the following:

    1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by PoSSUM, ISS and/or its Affiliates, or the employees, representatives or agents of PoSSUM, ISS and/or its Affiliates.

    2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge PoSSUM, ISS and/or its Affiliates for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of PoSSUM, ISS and/or its Affiliates, whether caused by the fault of myself, my family, PoSSUM, ISS, its Affiliates, or other third parties.

    3. I agree to indemnify and defend ISS against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of PoSSUM, ISS and/or its Affiliates.

    4. I agree to pay for all damages to the facilities of PoSSUM, ISS and/or its Affiliates caused by my or my family's negligent, reckless, or willful actions.

    5. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.

    6. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that PoSSUM has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

    7. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

    8. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

    9. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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