General Waiver* TERMS AND CONDITIONS
FOR FLY-IN & STATIC DISPLAY PARTICIPATION IN THE
CALIFORNIA CAPITAL AIRSHOW (CCA)
1. Each Fly-In aircraft or static display candidate must fill out the Aircraft Registration form on the California Capital Airshow (CCA) website no later than 30 days prior to the show. Please note that submission of a registration form does not guarantee participation in the air show. Applications must be received prior to 30 days before the air show.
2. If approved to participate as a static display, you will be informed in writing via email from the office of the Executive Director, California Capital Airshow. This correspondence will include everything for which you are approved. Any change must be approved in writing prior to arrival. Fly-In aircraft are registering for flight line space.
3. Sorry, no space is available to hangar aircraft. In the event of inclement weather, aircraft owners are responsible for the protection of their aircraft.
4. During the air show operating hours, enhanced security procedures will also be in place. Airshow public safety officials will be patrolling static display areas when the event is open to the public; uniformed security will provide an overnight patrol service; and, upon written request and subject to approval by CCA, aircraft can have a stanchion perimeter set up to restrict public access.
5. Static display participants are encouraged to lock their aircraft and make all necessary arrangement to secure their aircraft. Static display participants are authorized to bring their own crowd control barriers as long as the barriers do not present a hazard to the general public. Fly-In aircraft are responsible for security of their aircraft.
6. All static display participation is voluntary. Owner charged fees will not be authorized by CCA for static display participation.
7. Unless prior arrangements are made, aircraft owners are not authorized to charge air show attendees for tours, pictures, or other services or items unless specific approval is granted by the CCA.
8. The sale of paraphernalia or other goods must be approved by the CCA staff in writing prior to your arrival at Mather Airport. Please note that requests of this nature are typically NOT approved. If participants are approved to sell paraphernalia, the items must be directly related to the aircraft or the aviation organization that owns or operates the aircraft. Under no circumstances will the sale of food or drinks be authorized.
9. The CCA typically does not provide lodging or rental cars for static displays. Static display participants will be offered lodging and rental cars at air show rates with contract air show providers.
10. Please review the following waiver of liability release. Your agreement is needed to participate in the CCA.
WAIVER AND LIABILITY RELEASE BY CAPITAL AIRSHOW GROUP FLY-IN & DISPLAY AIRCRAFT PARTICIPANT
THIS DOCUMENT AFFECTS IMPORTANT RIGHTS – PLEASE READ CAREFULLY
Assumption of Risk.
I intend to participate in air show fly-in activities sponsored by the Capital Airshow Group, their Board of Directors, agents, or employees, during which time I will either be operating an aircraft or be a passenger in a participating aircraft. I understand that traveling to and from air shows and in particular traveling in private aircraft, necessarily entails a risk of grave bodily injury or death from pilot error or other circumstances. Private aircraft flights can crash from mechanical failure, negligent maintenance, range and altitude limitations of aircraft, defects in runways and unimproved landing strips, interference by wildlife, limited or non-existent air traffic control and radar coverage, limited approach procedures to controlled airports, lack of instrument approach and departure procedures at airports of use, limited or non-existent search and rescue, unfavorable weather or terrain conditions, latent defects in aircraft or other modes of transportation, the possibility of contaminated fuel, hostile environment or government activities, terrorist acts, lack of sufficient security for aircraft and personnel, or for any other cause or causes, or a combination of causes.
I expressly agree to assume the risks inherent in travel to, from, and within the Capital Airshow Group fly-in activity, by private aircraft or otherwise.
I understand and acknowledge that Capital Airshow Group does not assume any responsibility or liability for the safety of any participating aircraft, pilot or passengers, during any of the travel, flight operations, or participation in any activities associated with the air show.
Capital Airshow Group has made no representations or warranties to me regarding any of these activities, and I have received no promises or other warranties from any of them that they assume any legal liability or responsibility for any accident, injury, mishap, occurrence, or other adverse event, which might occur during these activities.
Understanding of Risks.
By signing this Waiver and Liability Release, I am indicating that I fully understand and am aware of the risks referred to above and that, after consideration of those risks, I wish to participate in the activities of Capital Airshow Group, without imposing any risk of liability on Capital Airshow Group.
Release and Waiver of Liability.
Being fully informed of the risks of traveling to/from and participation in a Capital Airshow Group activity, and having agreed to assume those risks, I, on behalf of my heirs, successors, assigns, agents, employees, and representatives, hereby release and forever discharge Capital Airshow Group and its directors, officers, volunteers, agents, attorneys and employees, and their families from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death, which I may now own or hold, or have at any time heretofore owned or held, or may at any time hereafter own or hold by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with my travel by aircraft or other vehicle to and from and participation in activities presently or hereafter sponsored or organized by Capital Airshow Group, its directors, officers, employees, members or volunteers.
Waiver of California Civil Code Section 1542.
I am advised that California Civil Code § 1542 provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
I understand and acknowledge the significance and consequences of California Civil Code § 1542 and hereby elect to expressly waive the benefits of its provisions, with the intent that this release and waiver of liability shall include claims known or unknown, and unknown and unsuspected.
Full and Complete Release.
I understand and acknowledge that this Waiver and Release of Liability is intended as a complete and continuous release for all trips or activities participated in by me on or after the date that I sign this Waiver and Release of Liability.
Right to Legal Counsel.
I understand and acknowledge that I may seek advice from legal counsel if I have any doubt before signing this Agreement. By signing this Agreement I acknowledge that I have either sought the advice of legal counsel or wish to now intentionally waive the opportunity to talk to a lawyer by my signature on this Agreement.
Understanding of This Document.
I understand and acknowledge that by signing this Agreement, I am confirming that I understand the language used in it. I represent that if there is any word or phrase that I did not understand, that I have sought the advice of an attorney or other person for an explanation. I acknowledge that neither I nor my heirs or representative will later claim in the event of injury, death or property damage, that I did not understand what I was signing in this Agreement.
Indemnification Obligation.
I agree to hold harmless and indemnify (reimburse) the parties being released for any costs or attorney’s fees that may be incurred as a result of any challenge to this Release or legal action brought in contravention of this Agreement, in litigation resulting from my injury, death or property damage, in connection with any activity with Capital Airshow Group.
Full and Complete Agreement.
I understand and acknowledge that this Release is a full and complete agreement with regard to the risks I am taking by embarking on a Capital Airshow Group activity. No other documents, oral promises or other information can be used to modify or alter the terms of this Waiver and Liability Release. This agreement is a fully integrated, final and complete statement of the agreement I have entered into. If any provision of this Release is declared invalid, the remaining provisions remain enforceable.
California Law to Apply.
I understand and acknowledge that this Waiver and Liability Release is a private contract entered into in California and that it shall be governed by California law, regardless of where any occurrence covered by this agreement takes place.
