The Radio Controlled (R/C), Almost Ready to Fly Aircraft (“ARF”) is NOT A TOY and is potentially dangerous to property and individuals within several miles of your flying area. It is capable of causing death, serious bodily harm, and property damage if it strikes an individual or personal property.
1) Assembly and Use
IT IS YOUR RESPONSIBILITY AND YOURS ALONE to assemble the ARF correctly and to properly install all additional componentry, both included in the ARF kit and/or acquired by the purchaser of this ARF; to pre-flight test the model; and to fly ONLY in an American Model Aeronautics Association (AMA) approved flying site with the supervision and/or assistance of a fully qualified flying site instructor. The pilot of this ARF must comply with all of the AMA’s Safety Codes. The employment of common sense for safety of yourself and others is otherwise mandatory. The ARF has a radio range of 500 feet and the pilot is directed not to exceed this distance when flying the ARF. In the event the range is exceeded, the pilot will lose control of the ARF which could cause injury and damages to objects which the ARF may come into contact with upon an uncontrolled landing. Do not attempt to fly this ARF is you have not been qualified as a solo pilot by the instructor at the AMA approved flying site. It is recommended that on any first flight of a new R/C aircraft that you attain the assistance or instruction of a highly experienced R/C pilot to verify the ARF’s construction from a safety and flight perspective. If you are just starting to fly R/C Model Aircraft of any type, consult your local Hobby Shop or write to the Academy of model Aeronautics to find an experienced instructor in your area.
Participation in the operation of remote controlled aircraft is voluntary. I understand that the operation of remote controlled aircraft is a dangerous sport which can result in bodily injury, death, and/or damage to property for many reasons, including but not limited to airplane accidents involving third parties known and unknown to the user; equipment failure, malfunction, or misuse; weather conditions such as storms and lightning; the training, acts, omissions, recommendations or advice given by your local Hobby Shop or the Academy of model Aeronautics concerning the operation of remote controlled aircraft and related activities such as transportation to and from the site; and first-aid, emergency treatment or other services rendered to me as a user or others. I understand and acknowledge that the above list of reasons is not complete or exhaustive. I accept and hereby assume all risks of injury, death, illness or disease, or other damage to myself, to others, or to my property which arise from participation in the referenced activities.
I hereby voluntarily release, and forever discharge GOLDEN SKIES R/C AIRCRAFT, INC., a California Corporation, on its behalf and on the behalf of its successors and assigns, and each of them (“Golden Skies”) and its subcontractors, and all other persons or entities associated with it, including other participants, (hereafter collectively the released parties) from all liability, claims, demands, actions or causes of action for bodily injury, death, illness, disease or damage to myself, to any participating minor child of mine, or to my property which are related to, arise out of, or are in any way connected with participation in the above referenced activities, including but not limited to those arising from any negligent or reckless acts or omissions or breach of contract of the released parties, or hidden defects in the equipment used. This release is intended to be as broad and inclusive as is permitted by California law, and shall be construed and interpreted under California law. If any portion, clause or sub clause is held invalid, I agree that the balance shall continue in full force and effect.
It is also mandatory that all R/C airplane pilots obtain adequate insurance through their own home-owner’s policy or a separate policy to cover liability in the event of property damage or injury to individuals or personal property. Additionally, all R/C airplane pilots should join the AMA to become secondarily insured.
of Model Aeronautics http://www.modelaircraft.org
Academy of Model Aeronautics
5151 East Memorial Drive
Muncie, Indiana 47302-9252
The user of this product agrees to indemnify and defend Golden Skies R/C Aircraft, Inc., a California Corporation, as well as all employees, shareholders, directors, officers and agents thereof ( “Golden Skies”) , against any claims, lawsuits or actions arising as a result of the use of the radio controlled aircraft, and shall pay for all legal expenses incurred by Golden Skies in connection with the defense of such matters, whether or not such claims are resolved without trial or other final decision and whether or not such expenses are incurred in the defense of litigation or simply incurred prior to litigation in connection with an informal claim. The obligation of the user to indemnify Golden Skies is express and unequivocal. The user is expressly obligated to indemnify Golden Skies for Golden Skies’ own negligence if any, which may give rise to any claim arising in connection with the use or misuse of the aircraft or components thereof.
I acknowledge that I am not relying on any oral, written, or visual representations or statements made by the released parties, including those made in released parties catalogs or other promotional material.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Golden Skies or its agents is a party shall be Superior Court for the State of California located in the County of Orange.
If you are not prepared to:
1) Obtain adequate insurance to operate the ARF;
2) Accept all responsibility for personal property damage and /or bodily injury, including possible death; and
3) To indemnify the ARF designer, manufacturer, distributor and retailer for any liability resulting from your actions,
return the complete ARF kit to the point of purchase for a refund. In order to return the ARF Kit, the following steps must be undertaken:
Golden Skies R/C Aircraft (GSR/C) warrants the ARF to be free from defect in both materials and ARF assembly workmanship for six (6) months from the date of purchase or the first flight, which ever comes first. GSR/C warranty does not cover the whole or any component parts thereof damaged by use, mis-use, modification, or crash of the ARF plane. In no case shall Golden Skies R/C Aircraft be liable for the effect(s) of incidental, consequential or indirect damages as the result of the use or flight of the ARF product. The warranty is limited to the original ARF purchase amount and shall not exceed that cost and explicitly excludes the cost of additional ARF and R/C components either installed in or used to construct the ARF that are not included in the original ARF kit. The GRR/C warranty is not transferable under any circumstances.
Any legal action stemming from the purchase or use of this product will be governed by the laws of the State of California and decided by a court of law in the State of California.
Skies R/C Aircraft, Inc.