Indemnity form for trial flights and training

GoFly Aviation and GoFly Group Pty Ltd are committed to providing our students and clients with outstanding customer service, professional and safe flight training in well-maintained aircraft.

PARTIES TO THIS AGREEMENT:

Student and Indemnifier

The persons that indemnify the indemnified are the student or any other person signing below.

The instructor and indemnified:

The persons and entities that are indemnified by this agreement are:

The instructors, Owners, Directors, Employees, Contractors, Trustees and Beneficiaries:

  • GoFly Group Pty Ltd trading as GoFly Aviation
  • Independent Operators (Instructors)
  • Global Aviation Products Trust (Aircraft Leasing)

All above are collectively referred to as – the indemnified.

For the purpose of this agreement, flying activities include, but are not limited to the following indemnified activity:

  1. Flying as a Pilot, student pilot, crew member or passenger in recreational aircraft.
  2. Assist with or observing the ground handling of a recreational aircraft.
  3. Biennial flight reviews.
  4. Any activity associated with the above.

GENERAL

  1. I understand that persons undertaking flight training and other types of flying in recreational aircraft are advised that there are risks involved. These risks cannot be specifically quantified, however, recreational aircraft used for pilot training are constructed, operated and maintained under exemptions from the regulations. These exemptions are from the regulations that apply to General Aviation aircraft. While similar rule sets apply to our organisation and replace those that we are exempt from, it must be accepted that the overall safety of recreational flying is generally below the well-known commercial air transport standards in Australia.
  2. I will abide by the IMSAFE checklist regarding Illness, Medications, Stress, Alcohol, Fatigue, and Emotions.
  3. I understand that GoFly Aviation has a very high success rate for students, but that all training is competency-based and GoFly cannot guarantee a time-frame or exact cost in relation to students going solo or completing their particular course. GoFly staff can offer an estimate of course costs but do not train to a specific price, but rather train students to a safe, competent and legal standard.
  4. Your instructor can update you after each lesson about your progress and make an  an estimation of the time remaining to complete your course, based on your current competency standards. Students will be assessed at the 15 hour mark and given feedback about their progress. You can view your student records at any time. If at any time you are unsure of your progress or expectations in relation to your flight training, please talk to your instructor or contact the Chief Flight Instructor. If you are not satisfied, or have any concerns with any part of your training, please feel free to escalate your concerns to the CEO, Damien Wills, or the Deputy CFI (at fly@goflyaviation.com.au)
  5. GoFly Aviation owns all the media related to flights and reserves the right to withhold any media it deems inappropriate or may bring GoFly or Recreational Aviation Australia (RAAus) into disrepute.
  6. GoFly reserves the right to reschedule my booking due to weather, illness or unforeseen events.
  7. As a student, I agree that a cancellation fee of $150 may apply if I cancel a booked flying lesson with less than 24 hours’ notice (for reasons other than unexpected illness) or do not show up for my booking. Failure to pay cancellation fees may result in the pausing or termination of my training.
INDEMNITY
By signing this form, I, the indemnifier, unconditionally and irrevocably indemnifies all the parties to this agreement, the indemnified, its independent contractors, employees, servants, agents, trustees, directors, club members, against any and all liability, cost, damages and losses to persons or property, claimed by me or my family, business, business partners, servants, agents or estate from the indemnified in relation to the identified activity. I agree to indemnify the parties to this agreement, its independent contractors, employees, servants, agents, trustees, directors, club members, etc from all liability, cost, damages and losses to persons or property, suffering or death associated with recreational flying activities or ground handling of recreational aircraft or otherwise observing the operation of a recreational aircraft.
      1. This indemnity continues until the activity creating the risk of loss comes to an end, but will continue for any new activity, now or in future.
      2. The indemnifier’s obligation is a primary obligation and the indemnified is not obliged to proceed against any other person before making a demand for payment hereunder.
      3. In addition to all other liabilities of the indemnifier under this deed, the indemnifier must pay on demand all costs and expenses in connection with the exercise of any right or remedy hereunder associated document.
      4. The Indemnifier’s obligations under this document are absolute and unconditional. They are not subject to any set-off, counter claims or conditions. In particular, the Indemnifier’s obligations will not be affected by anything that might abrogate, prejudice or limit them or the effectiveness of this document.
      5. By signing this form, I further agree not to pursue the owners or operators of the recreational aircraft associated with the indemnified, their employees, families, servants, independent contractors or their estates for any compensation or any claim as per par 3 above, as may be claimed by myself, my family, my business, business partners, my servants, my employees or estate for any damage, loss, suffering, injury or death associated with recreational flying activities.
      6. If I’m under the age of 18, my parent or guardian will sign this agreement on my behalf and accept the terms and conditions as stated.