The defense of assumption of risk is quite narrowly confined and restricted by two requirements: First; that the plaintiff must know the risk and must understand the risk he is incurring, and second; that his choice to incur it must be entirely free and voluntary. In its simplest and primary sense, assumption of risk means that the plaintiff, in advance, has expressly given his consent to relieve the defendant of an obligation of conduct toward him, and to take his chances of injury from a known risk arising from what the defendant is to do or to leave undone.
Maryland Release, Waiver, and Assumption of Risk Agreement Executed by Passenger of Private Airplane: A Maryland Release, Waiver, and Assumption of Risk Agreement Executed by Passenger of Private Airplane is a legal document that outlines the terms and conditions under which a passenger agrees to release the private airplane operator from liability for any potential risks and accidents associated with their flight. This agreement is crucial in ensuring the passenger understands and acknowledges the inherent risks involved in air travel. The agreement typically covers various aspects, including: 1. Assumption of Risk: The passenger acknowledges that flying in a private airplane carries inherent risks, such as turbulence, mechanical failures, adverse weather conditions, and even the possibility of accidents. By signing this agreement, the passenger assumes these risks willingly and accepts personal responsibility for their safety during the flight. 2. Release of Liability: The passenger agrees to release and discharge the private airplane operator, its employees, and any affiliated parties from any claims, damages, or injuries arising from their participation in the flight. This provision safeguards the operator from potential legal actions and holds the passenger accountable for any unforeseen circumstances. 3. Voluntary Participation: The agreement clarifies that the passenger's decision to board the private airplane and engage in the flight is entirely voluntary. It ensures that the passenger is aware that they have the choice to decline the flight if they are not comfortable with the associated risks. 4. Indemnification: The passenger agrees to indemnify and hold harmless the private airplane operator and its affiliates against any claims, demands, or lawsuits arising from their participation in the flight. This provision places the responsibility of legal fees and other costs onto the passenger in case any legal action arises. Different types of Maryland Release, Waiver, and Assumption of Risk Agreements may be executed based on specific circumstances, such as: 1. Recreational Flights: This agreement is executed between a private airplane operator and a passenger taking part in recreational flights for sightseeing or leisure purposes. 2. Business Flights: In cases where passengers fly on private airplanes for business purposes, a specific release, waiver, and assumption of risk agreement may be executed, accounting for any potential risks associated with conducting business while in-flight. 3. Adventure Flights: If a private airplane operator offers adventure flights, such as aerobatics or scenic tours with unique maneuvers, a specialized agreement may be executed to address the additional risks involved in these activities. It is essential for both the private airplane operator and the passenger to carefully review and understand the details of this agreement before signing. Legal advice may be sought to ensure clarity and fairness in the terms laid out within the document.
