RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT (the “Agreement”) In consideration of MAUI FLIGHT ACADEMY (the “Activity Provider”) allowing me to participate in [air travel, Ilight instruction, sight seeing using N808HW] (the “Activity” and collectively, the “Activities”) under the care, custody and control of the Activity Provider, I, the undersigned participant (the “Participant”), hereby state that I have read this Agreement completely and carefully, and further understand and agree to the following: INHERENT RISKS: Each Activity involves numerous obvious and non-obvious inherent risks, dangers and hazards, including, but not limited to, equipment failure, equipment malfunction, mid-air collision, collision with terrain or other objects in the air or on the ground, hard landings, pilot error, and weather events, (collectively referred to as, the “Risks”), which can result in serious physical, mental and/or emotional injury, disability, death, property damage and/or other losses to the Participant. These Risks exist by the very nature of the Activity and cannot be eliminated without jeopardizing the essential qualities of the Activity. Each Activity may also involve being in remote areas for extended periods of time, with limited or no access to communications, transportation or emergency medical assistance or facilities. Such areas may contain natural or man-made Risks, including, but not limited to, hazardous conditions which cannot be anticipated, identiIied, controlled, minimized and/or eliminated. Further, while the Activity Provider will seek to provide a reasonable level of safety and instruction to the Participant, at times warnings or directions given may be inadequate, and/or the equipment being used may fail and/or malfunction, despite the exercise of reasonable care. RELEASE, WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION: In consideration of the Activity Provider allowing my participation in any and all Activities, I hereby agree on behalf of myself, my representatives, heirs, relatives, family members, dependents, executors, administrators, successors, assigns and anyone asserting claims by or through me, as follows: 1. RELEASE AND WAIVER: I hereby completely release, waive liability, discharge, hold harmless and agree not to initiate any claims, demands or causes of action against [N779LB, LLC dba MAUI FLIGHT ACADEMY, LAURENCE BALTER, N808HW, Manu Aircraft, LLC and Garrett Marrero…] and each of their parents, subsidiaries, afYiliates, successors and assigns and their respective directors, ofYicers, employees, members, insurers, agents and/or representatives (collectively, “AVIATION PARTNERS”] regarding any and all liability for any injury, damage, loss and/or expense arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of AVIATION PARTNERS or otherwise to the fullest extent permitted by law. 2. ASSUMPTION OF RISK: I understand and acknowledge that each Activity is an inherently dangerous activity, and despite the Risks identiYied herein, as well as any and all Risks not expressly delineated or currently known, voluntarily elect to participate in the Activity. I hereby accept and assume full responsibility for any and all such Risks, which can result in serious physical, mental and/or emotional injury, disability, death, property damage and/or other losses arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of AVIATION PARTNERS or otherwise. 3. INDEMNIFICATION: I hereby agree to defend, indemnify and hold harmless AVIATION PARTNERS against any and all claims, demands, causes of action, liabilities, judgments, settlements, interest, awards, penalties, Yines, costs, or expense of any kind, including attorneys’ fees, and any fees and costs of enforcing any right to indemniYication under this Agreement, arising out of or resulting from, in whole or in part, my participation in any and all Activities, whether or not caused, in whole or in part, by the negligence of AVIATION PARTNERS or otherwise. MY CONDITION/MEDICAL INFORMATION/CARE: I attest that I have no knowledge, or reason to know of, any physical or mental limitations, conditions or other restrictions (including pregnancy or possible pregnancy) that would make my participation in any Activity inadvisable. I further attest that I have the necessary licensure, ratings, certiIications and skill level to participate responsibly and safely in each Activity. Further, I hereby consent to receive Iirst aid and/or medical treatment, which may be deemed advisable by the Activity Provider or its employees, agents or representatives, who I understand are NOT medically licensed or trained to assess need for or provide medical care, or by medical professionals whom they obtain on my behalf, in the event of injury, accident and/or illness while participating in any Activity. I acknowledge that AVIATION PARTNERS shall have no duty, obligation or liability arising out of the provision of, or failure to provide, Iirst aid and/or medical treatment. GENERAL PROVISIONS 4. ENTIRE AGREEMENT/SEVERABILITY: This Agreement constitutes the entire agreement between the Participant and AVIATION PARTNERS with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 5. CHOICE OF LAW/FORUM SELECTION: This Agreement shall be governed by the laws of the State of Hawai‘i without giving effect to any choice or conIlict of law provision or rule of such state, and construed broadly to provide a release, waiver, assumption of risk and indemniIication agreement to the fullest extent permissible under the law. State and federal courts in Hawai‘i shall have the exclusive jurisdiction and venue for any claims, demands or causes of action arising under this Agreement. _______________________________________________________ Participant Printed Name Participate Date of Birth: _________________________ _______________________________________________________ Signature of Person signing on behalf of a minor Participant _______________________________________________________ Relationship to Participant