Waiver

Acknowledgement and Release

Hot Air Balloons are Aircraft, therefore; as with all forms of Aviation there are possible risks especially since we are subject to the influences of “mother nature”. It is important that all passengers UNDERSTAND and REALIZE THESE RISKS.

I acknowledge that my participation in a hot air balloon flight is a High Adventure activity and is a potentially hazardous activity. I understand that during my participation in a hot air balloon flight conducted by Drop Zone Balloon, hereafter called “OPERATOR”, I will be exposed to above normal risk and assume the risks inherent including the chance of personal injury, loss of life, or damage or loss of property.

I understand too, that although “OPERATOR” has taken precautions to provide an airworthy balloon, equipment and safety preparations for each flight, it is impossible for “OPERATOR” to guarantee absolute safety.

Also, I understand that I share in the responsibility for safety in flight and assume that responsibility. I agree to comply with the instructions and direction of “Operator’s” personnel during the flight and while participating as crew. I have accepted responsibility to verify with my physician that I have no physical or psychological problems that would prohibit me from participating in a hot air balloon flight.

The landings are most critical and when higher winds exist, that balloon may tip and drag, bounce along, etc. While this is not the typical “stand up” landing, it may happen, it is imperative that you face away from the direction of travel and hold tightly to the hand holds inside the gondola with BOTH hands, bend your knees and DO NOT LET GO AND DO NOT EXIT THE gondola until instructed to do so by the pilot. Keep your arms and hands inside the gondola and tightly grip the handholds inside the basket and remain mindful to keep your weight off of other passengers.

I hereby release “OPERATOR”, and Drop Zone Balloon, and their agents, representatives, successors, and assigns, from all liability and responsibility for any injury, loss or damage suffered by me or my property before, during, or after the flight for any reason whatsoever.

Inasmuch as Drop Zone Balloon conducts FAA regulated parachute skydiving activities in combination with the normal risks associated with a hot air balloon flight, I acknowledge and assume these additional risks associated with skydiving and confirm that I am a current holder of at least a Class B skydiving license and that I am at least 18 years of age and that I have no medical or psychological conditions that would preclude me from such activities.

I further release and hold harmless the personnel, staff and administrative organizations which may or may not be related to the facilities and land upon which this operation is conducted including the Private and Public lands, the Bureau of Land Management and surrounding State and National Parks which have no responsibility for my safe conduct, ingress or egress during these activities.

I understand and acknowledge that the skill and actions required to place the gondola in position over obstacles, terrain, geological, natural and man made objects constitute the performance art of the pilot and all materials generated from the gondola as a platform for any resulting artwork including but not limited to photographic and non photographic forms of art are or become and remain the reserved copyrights of the Operator.   Subsequently; there are certain locations which photography is not permitted.  In those locations where photography is permitted, all passengers agree to transfer a copy of all work to Operator and agree that all photographs taken by any member of the flight become and are assigned any copyright ownership of such photographs to the Operator. Passengers may be invited to take photographs limited to personal use and professional photographers or artists agree to disclose their professional status in advance and may not utilize any photographs for commercial gain outside the limitations and license agreement with the Operator.  Generally the professional agreement includes the electronic transfer of all photos taken upon landing to the Operator and a dual copyright/ license agreement for publication of single prints are granted to the photographer for resale while publication of multiple works or compilations are reserved by the Operator as in the case of the coffee table books.

In the case that artistic media other than photography results from such flights, professional artists may take reference photographs limited to personal use and for the purpose of study of the material in preparation for the resulting artwork, as in watercolor, acrylic or oil paintings, sculpture and other artistic renditions which are arranged in advance of each flight through a collaborative effort and by invitation of the Operator.  The original artwork becomes property of the Operator and the collaborative artist agrees to the implied assignment of any copyrights to the Operator by taking the flight.  Generally, publication of any resulting artwork in single reproduction format is licensed back to the artist and publication of multiple works or compilations are reserved by the Operator.

The trademarks of each expedition are also reserved by the Operator.

Passengers hereby waive and release any rights or limitations and give permission to use photographs which include passengers in published works unless such passengers are celebrities in which case a license agreement will be arranged on a case by case basis.

Refunds and Rain Checks:

Special Events which are held in conjunction with a specific set of dates include a full refund policy for cancellations due to weather.  Fares are as low as they are based on full occupancy.  No shows are non refundable as it is not fair to the other passengers to cancel the flight in the case a single passenger elects to sleep in or otherwise misses their flight.

Rain Checks are offered for the next available opportunity to fly within the dates of a specific event and a full refund is made in the case that pre-paid passengers are not flown within the dates of the event due to weather.

Expeditions and Specialty Flights are subject to non refundable hard costs once we have reached a critical mass of participation.  A range of days is suggested for each expedition based upon the unique conditions of each environment and the pilot will remain in position with the equipment to complete each expedition until such time as a seasonal window limit is reached.  Passengers are invited to extend their stay for a given expedition in the case that specific weather conditions are not presented within the suggested dates.

Passengers who are not able to extend their stay are invited to return for another Expedition with a partial credit based upon the proportional hard costs associated with getting the pilot and equipment into position for a given expedition.

Local Discounts may be available for certain locations and include the stipulation that each Local passenger is joining another non exclusive flight subject to availability.  To ensure an expedition within a given timeframe, reservations for private and exclusive flights are available.  Non exclusive fares remain valid towards future non exclusive flights subject to availability for an indefinite period of time and may be credited towards another flight in the case that a particular expedition or flight is not made available for a period exceeding two years.

Special Events limited to specific dates are refunded in full for cancellations due to weather.

Click that you have read and acknowledged the above, and agree.