To: Air Auckland Limited (AA)

I understand and acknowledge that I have made a voluntary decision to purchase and engage AA’s Aircraft Flight Services out of my own free will.

I am advised by AA and I understand and acknowledge that, but for my voluntary execution of this Agreement, AA would not provide me their Aircraft Flight Services. In consideration of AA providing me the Aircraft Flight Services, I irrevocably agree as follows:

1. Definition

In this Agreement -

1.1 “AA” includes Air Auckland Limited, and its business partners, employees, agents, contractors, authorised persons, successors and assigns.

1.2 “Aircraft Flight Services” includes the aircraft flight services operated by AA, and activities, events, or services provided, arranged, organized, sponsored, or authorised by AA, which may not be provided or performed by AA but by any third party, in any way associated or in connection with AA and its aircraft flight services.

2. Assumption of risks

2.1 I am fully aware of all the risks inherent in and in connection with taking the aircraft flight, including but not limited to, risks of adverse weather conditions, negligent conduct on the part of other persons and AA’s employees, agents, contractors and authorised personnel, equipment or aircraft malfunction, and improper or negligent operation of aircraft.

2.2 I acknowledge and understand that negligence includes failure on the part of AA to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of taking the aircraft flights and Aircraft Flight Services.

2.3 I acknowledge and understand that taking aircraft flight may not be suitable for every person. It is not recommended for persons with asthma, epilepsy, cardio or respiratory disorder, hypertension, and other medical conditions which are at risk with taking aircraft flights, women who are pregnant or suspect they are pregnant, and persons who are under the influence of alcohol or drug. I have been advised by AA to take medical advice if I have any concern about my medical condition or fitness to take an aircraft flight.

2.4 I freely and voluntarily choose to assume and accept all risks, dangers and hazards and possibility of injury, death, property damage or loss as a result of engaging AA’s Aircraft Flight Services.

3. Release of liability and waiver of claims

3.1 I irrevocably waive any and all claims and to release AA from any and all liability for any loss, damage, expense, or physical or mental injury including death that I may suffer, or that my immediate family members may suffer, as a result of my engagement of AA’s Aircraft Flight Services, due to any cause of action whatsoever, including but not limited to both in law and in equity as well as in tort, breach of contract or breach of any statutory duty.

4. Indemnity against claims

4.1 I irrevocably agree to indemnity AA or keep it indemnified against any and all liability for any loss (direct or indirect), expense, damage or compensation in relation to any claim, actions and legal proceeding of whatsoever nature which may be presented or initiated against AA by any person or entity, arising directly or indirectly, or in connection with, my engagement of AA’s Aircraft Flight Services (including all legal and defence costs incurred by AA against such claim of liability).

5. Third party products and services

5.1 I acknowledge and understand that AA’s Aircraft Flight Services may include and/or be bundled with products and/or services provided and performed by any third party including but not limited to AA’s business partners and contractors as part of AA’s business promotion and development (Third Party Services), and AA shall take no responsibility for, and I irrevocably waive any and all claims and to release AA from, any and all liability for any loss, damage, expense, or physical or mental injury including death that I may suffer, or that my immediate family members may suffer, directly or indirectly caused by the Third Party Services, due to any cause of action whatsoever, including but not limited to both in law and in equity as well as in tort, breach of contract or breach of any statutory duty.

5.2 I irrevocably agree to indemnity AA and keep it indemnified against any and all liability for any loss (direct or indirect), expense, damage or compensation in relation to any claim, actions and legal proceeding of whatsoever nature which may be presented or initiated against AA by any person or entity, arising directly or indirectly, or in connection with, the Third Party Services (including all legal and defence costs incurred by AA against such claim of liability).

6. Effect: This Agreement shall be in full force and effect at all times and binding upon my executors, administrators, assigns, legal representatives and my attorneys, in the event of my death or incapacity.

7. Governing Law & Jurisdiction: This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand and any dispute on matters arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.

8. Privacy: I acknowledge and consent for AA to collect my personal information either from myself or other persons or organisations for the purpose of providing the Aircraft Flight Services.

I expressly acknowledge and agree that the terms and exclusions of liabilities in this Agreement is intended to be as broad and inclusive as is permitted by laws of New Zealand to be construed in favour of AA, and that if any portion is held to be invalid or unenforceable, the remainder of this Agreement will continue in force and effect.

I have been advised to take legal advice on the terms of this Agreement should I wish to do so. I have read and understood all the terms in this Agreement prior to signing it. No other oral or written representations, statements or inducements apart from the foregoing terms have been made to me by AA in entering this Agreement. I understand that by signing this Agreement I am waiving and forgoing certain important legal rights which I may have against AA.



FOR MINOR:

I/We, the parent or guardian of the above said minor, irrevocably -

Consent to him/her participating in the Aircraft Flight Services and/or Third Party Services with AA;

Agree to and adopt as our own conditions of the above agreement; and

Agree to indemnity AA against all liability contemplated under this Agreement for which the above minor would be liable were he/she at or over the age of 18 years old.