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.
The Montana Release, Waiver, and Assumption of Risk Agreement Executed by a Passenger of a Private Airplane is a legally binding document that protects all parties involved in private airplane travel within the state of Montana. It outlines the terms and conditions under which the passenger agrees to participate in air travel, acknowledging and assuming any risks involved. This agreement has multiple variations depending on the specific circumstances and parties involved. The different types of Montana Release, Waiver, and Assumption of Risk Agreements that may be executed by passengers of private airplanes include: 1. General Passenger Agreement: This is the most common type of agreement executed by passengers of private airplanes in Montana. It covers the general terms and conditions related to the flight experience, including, but not limited to risks associated with take-off, landing, and potential turbulence. 2. Adventure/Extreme Sports Flight Agreement: This agreement applies to passengers who engage in adventure or extreme sports activities during the flight, such as paragliding or skydiving. It includes additional clauses to address the specific risks associated with these activities in the air. 3. Sightseeing Tour Agreement: This type of agreement is executed by passengers who take part in sightseeing tours by private airplanes in Montana. It may include waivers related to altitude sickness, motion sickness, and other concerns specific to sightseeing flights. 4. Fly-In Events Agreement: This agreement is executed by passengers participating in fly-in events, where multiple private airplanes gather at a designated location. It includes clauses addressing the risks associated with landing, taxiing, and parking in crowded airspace. Regardless of the specific type of Montana Release, Waiver, and Assumption of Risk Agreement, they typically contain the following key elements: a) Disclaimer of Liability: The passenger acknowledges that the private airplane operator and any affiliated parties are not liable for any accidents, injuries, or damages that may occur during the flight. b) Assumption of Risk: The passenger accepts that air travel by private airplane involves inherent risks, including, but not limited to those associated with weather conditions, mechanical failures, and pilot error. c) Indemnification: The passenger agrees to indemnify and hold harmless the private airplane operator and its affiliates from any legal actions or claims arising from their participation in the flight. d) Voluntary Consent: The passenger acknowledges that they are undertaking the flight voluntarily, without any coercion or duress. It is important to note that these agreements should be reviewed by legal professionals to ensure their compliance with Montana state laws and to protect the rights of both the private airplane operator and the passenger.
