LIABILITY WAIVER AGREEMENT Liability for injury to passengers is a pilot's greatest risk when he goes flying. This can come as a hard lesson to a pilot or aircraft owner who is underinsured or whose coverage is for some reason void. I am occasionally asked by pilots and owners who have had that experience to draft a waiver agreement which will effectively exclude passenger liability. Let me tell you first that waiver agreements are never entirely effective, and are no substitute for adequate insurance. A judge will think long and hard before relieving a negligent party from liability for the consequences of his act, especially where it will result in hardship to an innocent injured person. In some jurisdictions, the judge may simply throw out the agreement as a matter of public policy. However, with that caveat, I have set out below a form which you may copy and modify for your own use. It is brutally explicit, as this sort of agreement needs to be. You may find it helpful to present this agreement to a passenger who is pressuring you to fly in doubtful circumstances. If he signs it, no one can later complain that he didn't know what he was getting into. If he declines, that ends all discussion about undertaking the flight. Whether your passenger signs the agreement or not, its your life too, and you are still the pilot in command. You can always say "No". LIABILITY WAIVER  AGREEMENT IN CONSIDERATION of being permitted to participate in an aircraft flight or series of flights, (hereinafter the "Flight") conducted by (Name of Pilot or pilots) , aboard (Identity of aircraft) , owned by (Identity of owner or owners) , (hereinafter the "Releasees"), I, (Name of Passenger) agree and acknowledge as follows:   I expressly acknowledge that I AM PARTICIPATING IN A DANGEROUS ACTIVITY in which there is potential for PROPERTY LOSS AND SERIOUS BODILY INJURY OR DEATH; I acknowledge that the Releasees have given me NO UNDERTAKINGS, GUARANTEES, WARRANTIES OR REPRESENTATIONS whatsoever as to the safety of the Flight; I VOLUNTARILY ASSUME ANY AND ALL RISKS whatsoever associated with the Flight, INCLUDING the risk of PROPERTY LOSS AND SERIOUS BODILY INJURY OR DEATH; I HEREBY RELEASE, FOREVER DISCHARGE and covenant not to sue the Releasees, from all liability and responsibility, whether in tort, contract or otherwise, for any injury, loss or damage suffered by me in connection with the Flight, including PROPERTY LOSS AND SERIOUS BODILY INJURY OR DEATH, however caused, including the NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS OR willful MISCONDUCT of the Releasees. I HEREBY AGREE TO INDEMNIFY and save harmless the Releasees from all claims, demands, actions, and causes of action by any other person, including my heirs, executors, insurers, successors and assigns in consequence of any injury, loss or damage suffered by me in connection with the Flight. This Agreement binds my estate and will enure to the benefit of the estates of the Releasees. I EXPRESSLY AGREE THAT THIS Waiver and Liability Exclusion AGREEMENT IS INTENDED TO BE as BROAD AND INCLUSIVE as is permitted in the jurisdiction by whose law it is interpreted. All of the terms of this agreement are severable from each other and will survive the invalidity of any other term. I HAVE READ THE ABOVE AND UNDERSTAND IT. I am entering into this Waiver and Liability Exclusion Agreement of MY OWN FREE WILL and not under duress. ______________________________ ______________________________ Witness                                                    Passenger   ______________________________  Date   Notes: Allow your passenger time to read the agreement. Give it to him well before the flight, if possible. Do not allow him to sign it if he is intoxicated. If he is a minor, have his parent or guardian sign it as well as or instead of him, depending on his age. Make the title "WAIVER AND LIABILITY EXCLUSION AGREEMENT" as large and bold as possible. Red lettering would be appropriate. No one who even glances at the document should have any doubt as to its general nature. In Paragraph 4, the words "NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS OR willful MISCONDUCT" are arranged in ascending degrees of culpability. The list stops just short in intentional infliction of injury. If you feel that you must tone down the wording of that paragraph, you may wish to delete "willful MISCONDUCT", "RECKLESSNESS", and "GROSS NEGLIGENCE", in that order. Do not delete the reference to  "NEGLIGENCE" , as that is the very foundation of the passenger's lawsuit against you.