Terms and conditions

I, Desire to take a flying activity with U-Fly NZ LTD I understand and acknowledge that my flying activity is purely voluntary, and I have made the decision to fly of my own free will. I further understand and acknowledge that, but for my voluntary execution of this Agreement, U-Fly NZ LTD would not provide me with a flying activity. In consideration of providing me with a flying activity, I agree as follows:
1. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISK. I freely and voluntarily choose to assume all the risks inherent in aircraft flight, including but not limited to risks of negligent conduct of others, equipment or aircraft malfunction, and improper or negligent operation of aircraft.
2. EXEMPTION AND RELEASE FROM LIABILITY. I, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives hereby EXEMPT, RELEASE, ACQUIT, FOREVER DISCHARGE, AND HOLD HARMLESS U-Fly NZ LTD, or any officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns, whether acting on the behalf of U-Fly NZ LTD, or individually, from any and all liability, claims, demands, and causes of action of every nature whatsoever, whether in contract or in tort or under any other legal theory, arising out of my participation in a flying activity.
3. COVENANT NOT TO SUE. I, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives agree never to institute any lawsuit of any nature, any action at law, or otherwise against U-Fly NZ LTD, or any of their officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns, nor to initiate or assist the prosecution of any claim for damages or any cause of action which I, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives hereafter may have by reason of death or injury to my person or damage to my property arising out of my participation in a flying activity. Should any lawsuit or action at law or otherwise be instituted in violation of this Agreement, I, on behalf of myself, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives, agree that U-Fly NZ LTD, or any of their officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns, shall be entitled to recover, in addition to any other damages which may be incurred, all attorney’s fees and costs incurred in the defense of such actions, including appellate proceedings.
4. INDEMNITY AGIANST CLIAMS. I, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives agree to indemnify, defend, save, and hold harmless U-Fly NZ LTD, or any of their officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns with regards to any and all losses, claims, actions, and proceedings of every nature whatsoever which may be presented or initiated by any person or entity, arising directly or indirectly out of my participation in any flying activity.
5. WAIVER OF JURY TRIAL/APPLICABLE LAW/VENUE/JURISDICTION. I agree that the law of the New Zealand shall apply to all issues arising out of this Agreement, including but not limited to the construction, interpretation, and validity of this Agreement, and that NZ law shall govern any dispute between me (including my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives) and U-Fly NZ LTD, or any of their officers, directors, agents, representatives, servants, employees, members, successors, and/or assigns arising out of my participation in a flying activity. In the event of any litigation arising out of this Agreement and/or my participation in a flying activity, I waive my right to a trial, and I agree that such litigation shall be brought in the Court of NZ. By signing this Agreement I, on behalf of myself, my heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives, submit to the jurisdiction of the Court of NZ.

By select “I agree to the terms and conditions”, I  EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE NEW ZEALAND, AND THAT IF ANY PORTION HEREOF IS JUDICIALLY DETERMINED TO BE INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL ITS TERMS AND PROVISIONS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM RELEASING U-FLY NZ LTD, FROM ANY AND ALL LIABILITY THAT MAY ARISE OUT OF INJURY OR DEATH THAT I MAY SUFFER AS A PASSENGER IN A FLYING ACTIVITY.