membership terms and conditions – BATESVILLE ASSOCIATION OF AVIATORS

By submitting an application to Batesville Association of Aviators (“BAOA”), the applicant agrees to all of the following terms and conditions if their application is accepted and approved.

I agree that I have read and understand the BAOA Bylaws and Operating Rules. I agree to abide by all rules, regulations, and procedures of the Club, the FAA and all other agencies. I agree that I will NOT use club aircraft for any commercial, business, or illegal activities. I agree to pay all assessed dues and fees as required by the club bylaws and other rules and regulations and understand that failure to do so will result in loss of club privileges and potential termination of membership. I understand that any default causing a financial loss to the club may result in legal remedies being pursued by the club against me. I understand that I may terminate my membership of the club by giving thirty (30) days notice to the club Secretary. I understand that if I am found liable for damages to club aircraft or other property of the club due to negligence, abuse, or misconduct, I will be held responsible for the insurance deductible and other costs associated with the claim resulting from that damage. I agree to sign and abide by the Waiver and Release Agreement below as a part of my member onboarding process.

This EQUIPMENT USE, RELEASE, ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT (“AGREEMENT”) is executed this _________________ day of ____________________ 20____, by and between: ________________________________________, an individual who resides at: ______________________________________________ __________________________________________________________________ (hereinafter “THE MEMBER”), and The Batesville Association of Aviators, Inc., An Arkansas nonprofit corporation with its principal place of business at: ________________________________________________________, Batesville, Arkansas, 72501 (hereinafter “THE CLUB”).

DEFINITIONS:

THE CLUB: An Arkansas nonprofit corporation that owns or leases EQUIPMENT for use by its members, only.

EQUIPMENT: EQUIPMENT owned or leased by THE CLUB, that is available for use by members, only. EQUIPMENT shall include, but not be limited to: Aircraft, tugs, tools, and other apparatus owned or leased by the club.

THE MEMBER: An individual member of THE CLUB, who has been accepted as a member by the Board of Directors, who has completed an application form, has paid all membership and other club fees, and who is obligated for monthly dues and EQUIPMENT usage fees, as determined in the bylaws and operating rules.

USE: The use and operation of club EQUIPMENT for members’ personal enjoyment and pleasure.

RELEASED PARTIES: THE CLUB, the Board of Directors, Officers and Employees of THE CLUB, their spouses, legal representatives, heirs, dependents and assigns, business associates and partners, and its related/affiliated organizations including, but not limited to, organizations owning and leasing EQUIPMENT to THE CLUB, and FoxOutdoors Ventures, LLC, an Arkansas Limited Liability Company, and its sole proprietors, James C. Treat and Merideth L. Treat.

THE AGREEMENT:

USAGE.
- WHEREAS, THE CLUB is the owner/lessee of EQUIPMENT and WHEREAS, THE MEMBER is a member of THE CLUB, and WHEREAS THE MEMBER has elected to use club EQUIPMENT for personal enjoyment and pleasure, and agrees as follows:
  - THE CLUB permits use of the EQUIPMENT on condition that THE MEMBER shall be responsible for appropriate and necessary training with the EQUIPMENT and shall be responsible for ensuring possession of applicable airmen certificates, licenses, ratings, and endorsements for use of the EQUIPMENT.
  - THE CLUB permits use of the EQUIPMENT on condition that THE MEMBER shall use and operate the EQUIPMENT in accordance with all applicable sections of Title 14 of The Code of Federal Regulations 14 (also known as the Federal Aviation Regulations), and in accordance with the privileges and limitations of applicable airmen certificates and ratings.
  - THE CLUB permits use of the EQUIPMENT on condition that THE MEMBER is solely responsible for all pre-use condition inspections, and for all operations during use.
    - Explicitly, THE MEMBER understands, agrees and accepts that he/she is fully and solely responsible for establishing that the EQUIPMENT is in a condition fit for use and for determining that the EQUIPMENT will remain in a safe and fit condition for and during use.
    - Explicitly, THE MEMBER understands, agrees and accepts that THE CLUB, its Officers, Directors, and employees assumes no responsibility, at any time, for the condition of the EQUIPMENT and that such responsibility lies completely and solely with THE MEMBER.
  - THE CLUB makes no warranties and specifically disclaims all warranties, expressed or implied.
RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE.
- In consideration of using club EQUIPMENT, THE MEMBER, for himself/herself, as well as their spouse, legal representatives, dependents, successors, heirs and assigns, hereby agrees as follows:
  - To forever release and discharge RELEASED PARTIES from any and all liabilities, claims, demands, or causes of action that may occur during or arising out of my use and operation of the EQUIPMENT however caused, even if caused by the negligence (whether active or passive) of the RELEASED PARTIES, to the fullest extent allowed by law.
  - To not sue or make a claim against the RELEASED PARTIES for loss, damages or causes of action that may occur during or arising out of the use and operation of the EQUIPMENT, however caused, even if caused by the negligence (whether active or passive) of the RELEASED PARTIES, to the fullest extent allowed by law.
  - To fully reimburse the RELEASED PARTIES for all attorney’s fees, damages and costs incurred in any suits, claims or actions made by THE MEMBER, THE MEMBER’s spouse, children, executors, legal representatives, dependents, successors, heirs and assigns, in violation of the AGREEMENT.
ASSUMPTION OF RISK.
- By executing this AGREEMENT, THE MEMBER understands, accepts and agrees that participation in THE CLUB and the use and operation of the EQUIPMENT exposes THE MEMBER to risks of death, personal injury and damage to property.
- By executing this AGREEMENT, THE MEMBER expressly and voluntarily assumes all risks of death, personal injury and damage to property that may result or be sustained as a result of membership of THE CLUB and as a result of the use and operation of the EQUIPMENT.
- THE MEMBER understands, agrees and accepts that included in the risks assumed is the risk of active or passive negligence of one or more of the RELEASED PARTIES, while engaged in the use of the EQUIPMENT. By executing this AGREEMENT, THE MEMBER fully and voluntarily assumes the risk even though, as a result of the RELEASED PARTIES negligence, he/she may suffer death or personal injury, and may sustain damage to property.
- THE MEMBER further understands, agrees and accepts that included in the assumed risks are all the dangers and uncertainties that may be encountered while engaged in flying aircraft and when using the EQUIPMENT.
WAIVER.
- THE MEMBER hereby waives any rights pertaining to participation in the Club and the use and operation of the EQUIPMENT, and so releases the RELEASED PARTIES from any and all liability from death, personal injury and property damage, and any and all other claims and actions arising from or in connection with participation in THE CLUB and the use and operation of the EQUIPMENT, including claims and actions that are known and unknown, foreseen and unforeseen, future and contingent.
- This AGREEMENT shall be binding on THE MEMBER, their spouse, children, executors, legal representatives, dependents, successors, heirs and assigns.
COMPLETE AGREEMENT.
- This AGREEMENT contains the entire integrated AGREEMENT between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon THE CLUB or THE MEMBER hereto unless set forth in writing and duly executed by both THE CLUB and THE MEMBER.
GOVERNING LAW.
- This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Arkansas. All disputes and matters whatsoever arising under, in connection with or incident to this AGREEMENT shall be litigated, if at all, in and before a Court located in the State of Arkansas to the exclusion of the Courts of any other State or Country.
MEMBER WARRANTIES.
- THE MEMBER warrants and acknowledges that:
  - I am eighteen (18) years of age or older and I make this AGREEMENT intending to bind myself, my spouse, children, executors, legal representatives, dependents, successors, heirs and assigns.
  - I know how to read, write and understand the English language sufficiently to comprehend this AGREEMENT, and to fully appreciate its content, nature and consequences.
  - I have read this AGREEMENT, and I am fully aware of the legal consequences of signing it. I have had the opportunity to consult an attorney before signing.
  - I understand and agree that this document is legally binding, and it precludes me from recovering monetary or other damages from the RELEASED PARTIES for personal injury, bodily injury, property damage, wrongful death, dismemberment, or any other personal or financial injury sustained by me or others in connection with THE CLUB and with the use and operation of the EQUIPMENT.

IN WITNESS WHEREOF, THE CLUB and THE MEMBER hereto have executed and made effective this AGREEMENT as of this date (“Effective Date”).