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Ballooning activities that intrinsically involve the possibility of physical risks greater than those encountered in daily life are conducted under the supervision of qualified and government licensed balloon pilots who exercise all due precautions to ensure safety. By taking part in such balloon activities, passengers of each flight acknowledge the risks and dangers involved with hot air balloon activity. The undersigned, on his/her behalf, and on behalf of any minor children or minor passengers, consents to the participation in the balloon activity and voluntarily assumes all such risks which in any way may arise out of the balloon activity, and hereby waives and releases RE/MAX International, Inc., RE/MAX of Western Canada (1998), Inc., RE/MAX Western Canada Ad Fund, Inc., Maximized Promotions, Inc. and Okanagan Ballooning Ltd. and each of their officers, directors, agents, shareholders and employees and all RE/MAX International, Inc. affiliate corporations and each of their officers, directors, agents, shareholders and employees (all such parties and entities referenced are collectively the "Released Parties") from any and all claims, liabilities, taxes, interests, fines, penalties, suits, actions, proceedings demands, damages, losses, costs and expenses, including attorneys fees, expert witness fees and court or arbitration costs, of every kind and nature (collectively "Losses") for property damage, bodily injury, death or any other type of damage or injury of any nature whatsoever arising directly or indirectly or as a consequence of any balloon activity. This waiver and release shall apply to any and all present and future Losses that the undersigned, on his/her behalf, and on behalf of any minor children or minor passengers or their family, heirs, estate, personal representatives, executor or administrator may now have or at any time hereafter may have against any of the Released Parties including but not limited to Losses arising under theories of negligence, breach of warranty, strict liability or any other theory of liability. Okanagan Ballooning Ltd. reserve the right to refuse boarding privileges to anyone it believes to be in a condition not suitable for flying in a hot air balloon. Your co-operation in advising your pilot of any physical or psychological conditions will allow us to take the necessary precautions to ensure your safety. Okanagan Ballooning reserves the right to use photographs taken and all media coverage for promotional purposes. All passengers agree to allow the use of the images taken for the company's promotional materials. Okanagan Ballooning Ltd. will not refund deposits or money paid for flights passengers fail to show up for or cancel within 48 hours. Funds will be refunded if cancelled 48 hours in advance or if the flight is cancelled by the balloon company. |
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Okanagan Ballooning