Any party using any of Bard Balloons / Alain Bard products or services, including but not limited to manuals, instructions, patterns, design and engineering information, written and oral advice, and communications, parts, systems, and homebuilt, amateur-built and/or experimental aircraft kits and aircraft, whether manufactured by Bard Balloons / Alain Bard or others, including products Bard Balloons / Alain Bard previously sold to others which were later acquired by any party (referred to as “you” below) automatically agree to the following terms and conditions.
You understand and acknowledge that these terms and conditions included a release of liability and applies to the design and engineering, manufacture, purchase, assembly, construction, and operation of said products and services or any components or systems thereof, and any products sold by Bard Balloons / Alain Bard and/or made by others. You also understand that operating homebuilt, amateur-built and/or experimental aircraft may be dangerous and may result in injury, including death and damage to or loss of property, including to said aircraft, and you assume this risk. You also acknowledge that no representations or inducements, other than the below terms herein, have been made by anyone to you.
For and in consideration of Bard Balloons / Alain Bard’s agreement to allow you to purchase and/or use products and services sold by Bard Balloons / Alain Bard, you voluntarily release, discharge, waive, and relinquish any and all actions or causes of action (known or unknown) against Bard Balloons / Alain Bard, its officers, agents, servants, or employees (Releasees) for personal injury, property damage or wrongful death occurring to you arising out of the use of any products and services. And you do for yourself, your heirs, next of kin, personal representatives, executors, administrators, administrators, successors, agents, assigns and insurers, release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise for yourself or for your estate, and agree that under no circumstances will you or your heirs, prosecute, or present any claim for personal injury, property damage or wrongful death against Releasees arising out of the use of any products and services for any of said actions or causes of action, whether the same shall arise by the alleged negligence, strict liability, or breach of warranty of any of said persons or otherwise.
IT IS YOUR INTENTION BY THIS INSTRUMENT, ON YOUR OWN BEHALF, AND ON BEHALF OF YOUR HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AGENTS, ASSIGNS AND INSURERS, TO EXEMPT AND RELIEVE BARD BALLOONS / ALAIN BARD, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND SUCCESSORS, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH CAUSED BY NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY ARISING OUT OF USE OF ANY PRODUCTS AND SERVICES DESCRIBED ABOVE.
You further agree that if anyone on your behalf, makes a claim or files a lawsuit against Releasees, you, your heirs, next of kin, personal representatives, executors, administrators, successors, agents, assigns, and insurers, WILL INDEMNIFY, SAVE AND HOLD HARMLESS releasees from any litigation expenses, attorney fees, loss, liability, damages, and costs and expenses that Releasees may incur as the result of such claim.
You for yourself, your next of kin, personal representatives, executors, administrators, successors, agents, assigns, and insurers and Bard Balloons / Alain Bard agree that all suits, actions, notices, claims, or legal proceedings between them, including but not limited to these terms and conditions shall be governed only by the laws of the province of Ontario, Canada, and you consent to the jurisdiction of the province of Ontario, Canada only, and waive any other jurisdiction for any suit, action, notice, claim, or legal proceedings, and you further agree that venue of any such suit or action shall be laid in the City of Ottawa in the province of Ontario, Canada.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND AND VOLUNTARILY CONSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS A WAIVER AND RELEASE OF LIABILITY AGREEMENT AFTER HAVING HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF YOUR CHOICE. YOU HAVE CAREFULLY READ AND UNDERSTAND AND YOU AGREE TO ALL THE ABOVE.