To reserve a seat on our B-25J Mitchell bomber "Panchito", select your seat, date, and location to experience your Warbird Flight Adventure from the menu below:
Terms and Conditions: (Please read the following Terms and Conditions VERY CAREFULLY)
DELAWARE AVIATION MUSEUM FOUNDATION (DAMF), - Aircraft Outreach Passengers - Adults
AGREEMENT TO WAIVE LIABILITY, TO ASSUME RISK, AND TO INDEMNIFY
In consideration of being permitted to participate in the Activities (as defined below) conducted by Delaware Aviation Museum Foundation (DAMF) I agree as follows:
- Activities - I would like to participate in various activities related to Delaware Aviation Museum's Aircraft Outreach Program (the "Activities"), including but not limited to the following activities: Riding as a passenger onboard a restored North American B-25 bomber, moving about the interior of the aircraft while on the ground and during flight, boarding and deplaning the aircraft, and all related activities.
- Assumption Of Risk - I understand that flying in private aircraft necessarily entails the risk of bodily injury, death and property damage from pilot error or other operational errors. In addition, flights could result in injuries from a combination of factors including but not limited to: engine or mechanical failure, latent defects in the aircraft, negligent maintenance, defects in runways, interference by wildlife or foreign objects, difficult search and rescue, unfavorable weather or terrain, the possibility of contaminated fuel, hard or forced landing, or other causes. Injuries that could result will vary, but may include (a) minor injuries such as scratches, bruises and sprains, (b) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions, and (c) catastrophic injuries, including paralysis and even death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself, my heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury, death or property damages arising out of or related to the Activities.
- Release, Discharge, and Agreement Not To Sue - I, for myself, my heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue the Delaware Aviation Museum Foundation, Rag Wings and Radials Aircraft Leasing LLC, their divisions and affiliates, and the respective officers, directors, members, employees, agents, and volunteers of each of those entities (collectively referred to as "DAMF" within this document only) from any and all claims that we might otherwise have against DAMF, for any injury or death to the participant, or for any damage to our property, arising from, but not limited to, participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any active or passive negligence of DAM, and any other breach of a legal duty arising by common law, statute, contract or otherwise.
- Indemnification And Hold Harmless - I agree to indemnify and hold DAMF harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, incurred, brought as a result of or arising out of my involvement in the Activities and to reimburse DAMF for any such costs and expenses as they are incurred. I expressly acknowledge and agree that this duty to indemnify and hold DAMF harmless shall apply even under circumstances where DAMF has acted in a negligent or tortious manner.
- Acknowledgements and Full Release - I acknowledge that DAMF has given me the opportunity to discuss the provisions of this document with legal counsel, and that I have either had such discussions, or chosen not to do so. I also acknowledge that I have been given the right to object to and bargain regarding any of these provisions but have voluntarily and knowingly chosen not to do so. I am freely and voluntarily signing this Agreement and intend that my signature be the complete and unconditional release of all liability to the greatest extent allowed by law.
- Severability - I expressly agree that these agreements are intended to be as broad and inclusive as is permitted by the law of the State in which the Activities are to be conducted and that if any part of any provision is held to be invalid, it is agreed that the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.
- COVID Guidelines – I am familiar with federal, state and local laws, orders, directives, and guidelines related to COVID-19. I will comply with all such orders, directives and guidelines while participating the DAMF Living History Flight Experience (LHFE), including requirements related to hand sanitation, social distancing and the use of face coverings.
FAA REQUIRED NOTIFICATION:
Before permitting a person to be carried on board its airplane for the purposes authorized under this exemption, DAMF will inform that person that its airplanes hold only a limited airworthiness certificate; the significance of the airworthiness certificate as compared to a standard airworthiness certificate; and that the FAA has authorized this flight under a grant of exemption from the requirements of §§ 91.315, 119.5(g), and 119.21(a). The explanation of the significance of a limited airworthiness certificate compared to a standard airworthiness certificate must include at least the following information:
The FAA has not established, nor has it approved limited category airworthiness certificated aircraft manufacturing standards. In contrast, standard category airworthiness certificated aircraft are manufactured to FAA‑approved standards, including standards addressing the design of the aircraft and life-limited parts.
Limited category airworthiness certificated aircraft are issued when the FAA finds the airplane—
Has been previously issued a limited category type certificate and the aircraft conforms to that type certificate; and
To be in a good state of preservation and repair and is in a safe operating condition.
Standard category airworthiness certificates are issued for an aircraft when the FAA finds the—
Aircraft has been built and maintained in accordance with that aircraft's type certification standards as established by the FAA; and
Aircraft's inspection and maintenance requirements are in compliance with the applicable Federal Aviation Regulations.
BEFORE SIGNING, READ THIS ENTIRE DOCUMENT VERY CAREFULLY. If an accident were to occur, you (by signing this Agreement) would be giving up legal rights that you might otherwise have. In addition, you might be incurring legal liabilities that you might not otherwise have. If you do not understand anything in this document, you should not sign it. Instead you should consult with your legal advisor.
Please click the Submit Your Warbird Flight Adventure Reservation button to be directed to the Aircraft Selection and Reservation Confirmation and Payment pages.
NOTE: On the Payment Page, please confirm the correct seat selection. After the completion of payment, it may take a few minutes for the Credit Card/PayPal transaction to complete before your receipt will be emailed to you.