For and in consideration of being permitted to participate as a passenger in a hot air balloon, hereinafter referred to as “the Balloon”, that is in any way sponsored, owned or hired by, or assigned to, or associated with, Aerogelic Ballooning,.  I, the undersigned, for myself, my personal representatives, heirs, executors, assigns, and next of kin, do:

1.                    Hereby release, waive, discharge and covenant not to sue Aerogelic Ballooning,  the balloon pilot, the balloon crew, the owners and/or sponsors of the balloon, and the officers, directors, employees, agents, successors, and assigns of each of them, all hereinafter collectively referred to as “Releases”, from and against any and all liability to the undersigned, or the undersigned’s personal representatives, heirs, executors, assigns, and next of kin, for any and all loss, damage, or expense (including reasonable attorney’s fees), and any claims, demands, suits, or actions therefore, on account of bodily injury (including death) or damage to, or loss of property sustained by the undersigned’s personal representatives, heirs, executors, assigns and next of kin, whether caused by negligence on the ground or in the air, and/ or within common law protected without prejudice (UCC 1-207).

2.                    Hereby agree to indemnify, save and to hold harmless the Releases, and each of them, from any and all loss, liability, damage, cost of expenses, they may incur due to the presence of, or any action by, the undersigned in or about the balloon, whether caused by negligence of the Releases or otherwise. Also within common law protected without prejudice (UCC 1-207).

The undersigned expressly agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by applicable law and, within common law protected without prejudice (UCC 1-207)  if any portion thereof is held invalid, that the balance shall continue in full force and effect.

                The undersigned hereby warrants that the following statements are true and correct and that the Releases have relied thereon in giving permission to the undersigned to be in or about the Balloon. The undersigned understands and acknowledges that all or any flight time and altitude is under the digression of the pilot and all dues fees or trade will be charged immediately upon launch.

                No oral representations, statements or inducements apart from the foregoing have been made.  The undersigned assumes full responsibility for, and risk of, bodily injury, death, or property loss or damage due to the negligence of the Releases or otherwise upon entering the ballooning area.

                The undersigned has read and voluntarily signed this Release and Waiver Agreement, understands and acknowledges that this is a release of liability and a contract between undersigned and all parties involved, and signs this on their own free will.

This signature also advises that the undersigned have no physical or psychological problems that would prohibit me from participating in this balloon flight.

As