Please read it — it explains the real risks of landing at a residential airpark.
Guest pilot release & hold-harmlessVersion sample-1
GUEST PILOT RELEASE, ASSUMPTION OF RISK AND HOLD-HARMLESS AGREEMENT
SAMPLE LANGUAGE — to be reviewed and adopted by the Association’s legal counsel. This is not legal advice.
In consideration of being permitted to land, taxi, park and depart an aircraft at Kelly Air Park (CO15), a private airport owned and operated by the property owners' association (the "Association"), I, the undersigned pilot in command, agree:
1. Private airport; limited permission. The airport is not open to the public. My permission covers only the aircraft and dates in this prior-permission request (PPR), may be revoked at any time, and creates no right of access.
2. Assumption of risk. Operating at a private residential airpark involves inherent risks, including: runway and taxiway surfaces that may be cracked, soft, uneven or contaminated; no control tower or on-field weather observation; deer and other wildlife on or near the runway; cars, golf carts, pedestrians, children and pets on taxiway-streets shared with aircraft; trees and other obstructions near the approaches; partially lighted or unlighted surfaces; and changing weather and density altitude. I knowingly and voluntarily assume all of these risks.
3. Pilot-in-command responsibility. I am solely responsible for deciding whether the airport, runway, conditions and my aircraft performance are suitable, and for the safe conduct of the flight (14 CFR 91.3 and 91.103). The Association provides no air traffic, weather or inspection service on which I may rely.
4. Rules. I will follow the airport rules provided to me — traffic pattern, noise abatement, quiet hours, taxi speed and Ramp parking instructions — and any instruction of the airport manager.
5. Certificates and insurance. I hold a pilot certificate and the medical qualification the flight requires (a medical certificate, BasicMed, or a U.S. driver’s license when exercising sport-pilot privileges); I have completed a flight review within the preceding 24 calendar months (14 CFR 61.56) or, as a student pilot, hold current solo endorsements for this flight; my aircraft is airworthy and currently registered; and I fly here at my own risk as pilot in command.
6. Release, indemnity and hold harmless. To the fullest extent permitted by law, I release, and agree to indemnify, defend and hold harmless, the Association, its directors, officers, members, volunteers, my host household, and their agents (the "Released Parties") from all claims, liabilities, damages and expenses, including attorneys’ fees, arising out of my or my passengers’ use of the airport and its facilities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, but not from a Released Party’s gross negligence or willful misconduct.
7. Passengers and property. I will brief my passengers on these risks and am responsible for their conduct while on Association property, and for any damage my aircraft, my passengers or I cause to Association property, residents’ property or other aircraft.
8. Governing law. This agreement is governed by the laws of the State of Colorado. If any part is unenforceable, the rest remains in effect.
9. Electronic signature. Typing my name below is my electronic signature and has the same effect as a handwritten signature under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and applicable state law.
