Airport Use and Release Agreement Form updated 07 / 2023
THIS AGREEMENT entered into this day of ,20 by the undersigned, for themselves, and Mountain Bay Airpark Inc, a Pennsylvania corporation.
NOW THEREFORE, for and in consideration of fees and other good and valuable consideration, the parties, intending to be legally bound hereby, agree as follows:
1. CONDITIONS OF USEThe undersigned acknowledges and agrees to the following terms and conditions:(a) Prior to the use of the Airport, the Undersigned must register by phone, letter or email with Airport, and set forth the following information:
--Type of airplane ____________________________________--FAA registration number ____________________________________ --Contact number ____________________________________
(b) Tie downs for all aircraft will be available on a first come, first serve basis.(c) Airport shall not be responsible for the care, custody and control of the aircraft owned by the Undersigned or for the aircraft of any other person using the Airport.(d) Runway lights and the beacon at the Airport are available by pressing microphone button on frequency 122.7 five (5) times in five (5) seconds.
2. MUTUAL RELEASE AND COVENANT NOT TO SUE
(a) The Undersigned, for themselves and for their respective heirs, executors, administrators, successors and assigns, invitees, licensees, and guests, jointly and severally, hereby agrees to and does hereby remise, release and forever discharge Airport, its officers, directors, agents, employees, attorneys, affiliates and subsidiaries, of and from any and all matters of action, causes of action, suits, debts, dues, accounts, covenants, contracts, agreements, controversies, judgments, damages, claims, liabilities, and demands of any nature whatsoever, whether in law, equity or otherwise, arising out of the Undersigned’s use of the Airport and all facilities pertinent thereto, which the Undersigned ever had, now has or hereafter shall or may have against the Airport, or any person, firm or entity claiming by, through or under them, or any of them, for, upon or by reason of any act, transgression, practice, conduct, matter, cause or thing of any kind whatsoever, occurring prior to the date of this Agreement or hereafter.
3. MISCELANEOUS
(a) This Agreement shall inure to the parties, their successors and assigns, to any person, firm or entity claiming by, through or under them, some or any of them, and shall be binding upon the parties hereto, their successors and assigns.(b) This Agreement shall not be terminable by the Undersigned without the prior written consent of the Airport(c) This Agreement constitutes the entire agreement between the parties relative to the subject matter hereof, shall be governed by the laws of the Commonwealth of Pennsylvania, and shall not be modified or amended by any party hereto without the written consent of the other party.(d) Not withstanding the date of this Agreement, this Agreement shall be effective on the date immediately prior to the first use by the Undersigned of the Airport.
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have executed this Airport Use and Release Agreement as of the day and year first above written.
USER SIGNATURE ___________________________________________ PRINT NAME_________________________________________________
MOUNTAIN BAY AIRPARK, INC. By: ________________________________________________________________
THIS AGREEMENT entered into this day of ,20 by the undersigned, for themselves, and Mountain Bay Airpark Inc, a Pennsylvania corporation.
NOW THEREFORE, for and in consideration of fees and other good and valuable consideration, the parties, intending to be legally bound hereby, agree as follows:
1. CONDITIONS OF USEThe undersigned acknowledges and agrees to the following terms and conditions:(a) Prior to the use of the Airport, the Undersigned must register by phone, letter or email with Airport, and set forth the following information:
--Type of airplane ____________________________________--FAA registration number ____________________________________ --Contact number ____________________________________
(b) Tie downs for all aircraft will be available on a first come, first serve basis.(c) Airport shall not be responsible for the care, custody and control of the aircraft owned by the Undersigned or for the aircraft of any other person using the Airport.(d) Runway lights and the beacon at the Airport are available by pressing microphone button on frequency 122.7 five (5) times in five (5) seconds.
2. MUTUAL RELEASE AND COVENANT NOT TO SUE
(a) The Undersigned, for themselves and for their respective heirs, executors, administrators, successors and assigns, invitees, licensees, and guests, jointly and severally, hereby agrees to and does hereby remise, release and forever discharge Airport, its officers, directors, agents, employees, attorneys, affiliates and subsidiaries, of and from any and all matters of action, causes of action, suits, debts, dues, accounts, covenants, contracts, agreements, controversies, judgments, damages, claims, liabilities, and demands of any nature whatsoever, whether in law, equity or otherwise, arising out of the Undersigned’s use of the Airport and all facilities pertinent thereto, which the Undersigned ever had, now has or hereafter shall or may have against the Airport, or any person, firm or entity claiming by, through or under them, or any of them, for, upon or by reason of any act, transgression, practice, conduct, matter, cause or thing of any kind whatsoever, occurring prior to the date of this Agreement or hereafter.
3. MISCELANEOUS
(a) This Agreement shall inure to the parties, their successors and assigns, to any person, firm or entity claiming by, through or under them, some or any of them, and shall be binding upon the parties hereto, their successors and assigns.(b) This Agreement shall not be terminable by the Undersigned without the prior written consent of the Airport(c) This Agreement constitutes the entire agreement between the parties relative to the subject matter hereof, shall be governed by the laws of the Commonwealth of Pennsylvania, and shall not be modified or amended by any party hereto without the written consent of the other party.(d) Not withstanding the date of this Agreement, this Agreement shall be effective on the date immediately prior to the first use by the Undersigned of the Airport.
IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have executed this Airport Use and Release Agreement as of the day and year first above written.
USER SIGNATURE ___________________________________________ PRINT NAME_________________________________________________
MOUNTAIN BAY AIRPARK, INC. By: ________________________________________________________________