Here is a crazy, not so original idea: walking, riding a bike, driving a car, flying an airplane, and all other activities we participate in our life all have something in common. While they all provide an opportunity to get more out of life and have fun, they all also entail inherent risks. Clearly, while we all anticipate and intend to have a fun and safe event with the Cherokee mass arrival into Oshkosh, any activity associated with the event including training, walking around aircraft, parking aircraft, riding in aircraft, and flying aircraft, have inherent risks such as property damage, injury, and even possibly death. As a result, all participants are required to sign the form “Release of Liability and Covenant Not to Sue” included in the registration packet prior to participating in any Cherokees to Oshkosh activity including training, mini clinics, the mass arrival, etc.
If you have any questions with respect to the language contained in the form, please seek competent advice.
CHEROKEES TO OSHKOSH, INC.
RELEASE OF LIABILITY, COVENANT NOT TO SUE & INDEMNIFICATION AGREEMENT
Cherokees to Oshkosh, Inc., all organizational committees, officers, directors, agents, servants, employees, representatives, members, volunteers, participants, successors and assigns and all persons and entities connected with Cherokees to Oshkosh events and activities:
In consideration of participating in Cherokees to Oshkosh events and activities, and for other valuable considerations, I, my family, including my spouse and any minors, legal representatives, heirs, executors, trustees, administrators, successors and assigns, hereby release you and each of you, individually and collectively, from any and all claims, damages, liability, or indebtedness of any kind or character, known or unknown, fixed or contingent, whether such claims are based upon negligence, strict liability, breach of warranty, and any other theory of recovery, which I may have or claim to have now or at any time hereafter by reason of my participation in Cherokees to Oshkosh events or activities, regardless of the characteristics of such participation, including any and all injury or damage to personal property. I hereby expressly agree to indemnify and hold you and each of you harmless from any and all claims by myself or others arising directly or indirectly out of any phase of my participation in such Cherokees to Oshkosh events and activities, including your costs, expenses or attorney’s fees, directly or indirectly arising out of your defense or response to any claim.
I and/or my agents or representatives agree that Cherokees to Oshkosh, Inc. has the sole right to take pictures or video of all or any part of my participation in Cherokees to Oshkosh events or activities, and further that the right to dispose of such pictures or video are retained solely by Cherokees to Oshkosh, Inc. All broadcasting and television rights are retained by Cherokees to Oshkosh, Inc.
It is my understanding that the pilot of each airplane is in full and complete charge and control of said airplane and is responsible for all decisions to be made concerning the same, and all things and persons in or connected with said airplane on the ground or in the air. Individuals connected with Cherokees to Oshkosh may supply information, guidance and data; but I understand that I act or rely on all such information in my own peril and said individuals assume no responsibility for the completeness or accuracy of such information.
The novel coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and in the air. People can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine. COVID-19 can cause serious and life-threatening illness and even death. CtO cannot prevent you or others from becoming exposed to, contracting, or spreading COVID-19 while participating in CtO events and activities. It is not possible to prevent against the presence of the disease. Therefore, if you choose to participate in CtO’s events and activities you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children and/or others in order to participate.
I understand that I am giving up my right to bring any claims including for personal injuries,
death, disease or property losses, or any other loss, including but not limited to claims of
negligence and give up any claim I may have to seek damages, whether known or unknown,
foreseen or unforeseen. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL
PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND
WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: