FRIDAY SESSIONSFRIDAY SESSIONS - BFA

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FRIDAY SESSIONSFRIDAY SESSIONSFRIDAY SESSIONSFRIDAY SESSIONS

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TROY BRADLEYTROY BRADLEYTROY BRADLEYTROY BRADLEY FIGHTING GRAVITY: FIGHTING GRAVITY: FIGHTING GRAVITY: FIGHTING GRAVITY:

THE ART and SCIENCE of GAS BALLOONINGTHE ART and SCIENCE of GAS BALLOONINGTHE ART and SCIENCE of GAS BALLOONINGTHE ART and SCIENCE of GAS BALLOONING

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BRADLEY, TROYBRADLEY, TROYBRADLEY, TROYBRADLEY, TROY

FFFFighting Gighting Gighting Gighting Gravity: The Art and Science of Gas Ballooningravity: The Art and Science of Gas Ballooningravity: The Art and Science of Gas Ballooningravity: The Art and Science of Gas Ballooning

““The free balloon affords a way in The free balloon affords a way in

which men may ascend at will to which men may ascend at will to

various altitudes and travel great various altitudes and travel great

distances by the action of the air distances by the action of the air

currents of the atmosphere.currents of the atmosphere.””

C.H. RothC.H. Roth

PRIVATE REQUIREMENTSPRIVATE REQUIREMENTSPRIVATE REQUIREMENTSPRIVATE REQUIREMENTS

►FAR 61.105 Aeronautical knowledge

►FAR 61.107 (b) (8) Flight proficiency

►FAR 61.109 (h) (1) Aeronautical experience

►FAR 61.115 (a) (2) Balloon rating: Limitations

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BRADLEY, TROYBRADLEY, TROYBRADLEY, TROYBRADLEY, TROY (cont’d) (cont’d) (cont’d) (cont’d) Fighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas Ballooning

►FAR 61.105 Aeronautical knowledgeFAR 61.105 Aeronautical knowledgeFAR 61.105 Aeronautical knowledgeFAR 61.105 Aeronautical knowledge FARs, NTSB reporting, AIM, Advisory Circulars, Aeronautical Charts, Radio communications, Weather, Safe & efficient operation of aircraft, Density Altitude, Weight & Balance, Aircraft systems, ADM, and Preflight actions Private Requirements

►FAR 61.107 (b) (8) Flight proficiencyFAR 61.107 (b) (8) Flight proficiencyFAR 61.107 (b) (8) Flight proficiencyFAR 61.107 (b) (8) Flight proficiency Preflight preparation, Preflight procedures, Airport operations, Launches and landings, Performance maneuvers, Navigation, Emergency operations, and Postflight procedures Private Requirements

►FAR 61.109 (h) (1) Aeronautical experienceFAR 61.109 (h) (1) Aeronautical experienceFAR 61.109 (h) (1) Aeronautical experienceFAR 61.109 (h) (1) Aeronautical experience (1) at least 2 flights of 2 hours each (i) one training flight within 60 days (not applicable to removal of a restriction) (ii) one flight performing PIC duties with authorized instructor (iii) one flight involving a controlled ascent to 3,000 feet above the launch site

►FAR 61.115 (a) (2) Balloon rating: LimitationsFAR 61.115 (a) (2) Balloon rating: LimitationsFAR 61.115 (a) (2) Balloon rating: LimitationsFAR 61.115 (a) (2) Balloon rating: Limitations The limitation may be removed when the person obtains the required aeronautical experience in a gas balloon and receives a logbook endorsement from an authorized instructor who attests to the person’s accomplishment of the required aeronautical experience and ability to satisfactorily operate a gas balloon. COMMERCIAL REQUIREMENTSCOMMERCIAL REQUIREMENTSCOMMERCIAL REQUIREMENTSCOMMERCIAL REQUIREMENTS

►FAR 61.125 Aeronautical knowledge

►FAR 61.127 (b) (8) Flight proficiency

►FAR 61.129 (h) (i) Aeronautical experience

►FAR 61.133 Commercial pilot privileges and limitations

►FAR 61.125 AeronauticaFAR 61.125 AeronauticaFAR 61.125 AeronauticaFAR 61.125 Aeronautical knowledgel knowledgel knowledgel knowledge Everything in 61.105 plus; Principles of flight, Significance & effects of exceeding aircraft performance limitations, Use of air navigation facilities, Night & high-altitude operations, National Airspace System procedures, and Procedures for flight & ground training for LTA ratings

►FAR 61.127 (b) (8) Flight proficiencyFAR 61.127 (b) (8) Flight proficiencyFAR 61.127 (b) (8) Flight proficiencyFAR 61.127 (b) (8) Flight proficiency Everything in 61.107 (b) (8) plus; Fundamentals of instructing, Technical subjects, and Preflight lesson on a maneuver to be performed in flight

►FAR 61.129 (h) (i) AeronauticFAR 61.129 (h) (i) AeronauticFAR 61.129 (h) (i) AeronauticFAR 61.129 (h) (i) Aeronautical experienceal experienceal experienceal experience (h) (i) (A) at least 2 training flights of 2 hours each (h) (i) (B) two flights performing PIC duties with authorized Instructor (h) (i) (C) one flight involving a controlled ascent to 5,000 feet above the launch site

►FAR 61.133 CommerciFAR 61.133 CommerciFAR 61.133 CommerciFAR 61.133 Commercial pilot privileges and limitationsal pilot privileges and limitationsal pilot privileges and limitationsal pilot privileges and limitations For hire Acting as an instructor Removal of restriction

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To remove the “Limited to Hot Air Balloons with Airborne Heater” restriction fromTo remove the “Limited to Hot Air Balloons with Airborne Heater” restriction fromTo remove the “Limited to Hot Air Balloons with Airborne Heater” restriction fromTo remove the “Limited to Hot Air Balloons with Airborne Heater” restriction from an existing LTA Balloon Certificate: FAR § an existing LTA Balloon Certificate: FAR § an existing LTA Balloon Certificate: FAR § an existing LTA Balloon Certificate: FAR § 61.109(h) or 61.129(h)61.109(h) or 61.129(h)61.109(h) or 61.129(h)61.109(h) or 61.129(h) I certify that I have given (Name of pilot) holder of (type) pilot certificate # (___) the ground and flight training required by FAR [61.105(b)/61.125(b); 61.107(b)(8)/61.127(b)(8); and 61.109(h)(1)/61.129(h)(1)] to act as a (Private/Commercial) Pilot in Command of a Gas Balloon. I have determined that (he/she) is competent to perform the duties as the Pilot in Command of a Gas Balloon. Instructor's signature, date of signature, and certificate number

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Additional equipment depending on flight planAdditional equipment depending on flight planAdditional equipment depending on flight planAdditional equipment depending on flight plan ►Communications (Radios and Satellite phones)

►Transponder

►EPIRB

►GPS’s

►Tracking system

►Aircraft Lighting ►Oxygen System

►Survival gear

►Cold weather gear

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A Little ScienceA Little ScienceA Little ScienceA Little Science Archimedes PrincipleArchimedes PrincipleArchimedes PrincipleArchimedes Principle "a body immersed in a fluid is buoyed up by a force equal to the weight of the displaced fluid." L = V(Da L = V(Da L = V(Da L = V(Da –––– Dg) Dg) Dg) Dg) L = gross lift in pounds V = volume of gas in cubic feet Da = weight of a cubic foot of air Dg = weight of a cubic foot of gas Example in ISA conditions with heliumExample in ISA conditions with heliumExample in ISA conditions with heliumExample in ISA conditions with helium as the lifting gas as the lifting gas as the lifting gas as the lifting gas 2,440 = 37,000(.07651 – .01056) L = 2,440 pounds of gross lift V = 37,000 cubic feet Da = air at sea level .07651 Dg = helium at sea level .01056

Lift per 1000 cubic feet in poundsLift per 1000 cubic feet in poundsLift per 1000 cubic feet in poundsLift per 1000 cubic feet in pounds ISA ConditionsISA ConditionsISA ConditionsISA Conditions

Ammonia Helium Hydrogen Sea Level 31.7 66.0 71.2 5,000 feet 27.3 56.8 61.4 10,000 feet 23.4 48.7 52.5 15,000 feet 19.9 41.5 44.8 20,000 feet 16.9 35.1 37.9 25,000 feet 14.2 29.5 31.9

Mass of 37,000 cu. ft. balloon at start of flight from sea levelMass of 37,000 cu. ft. balloon at start of flight from sea levelMass of 37,000 cu. ft. balloon at start of flight from sea levelMass of 37,000 cu. ft. balloon at start of flight from sea level Ammonia Helium Hydrogen 400 lbs 400 lbs 400 lbs Balloon 350 lbs 350 lbs 350 lbs Crew 1,658 lbs 391 lbs 197 lbs Gas 1,423 lbs 1,690 lbs 1,884 lbs Ballast 2,831 lbs 2,831 lbs 2,831 lbs Gross

Mass of 37,000 cu. ft. balloon at the end of the flightMass of 37,000 cu. ft. balloon at the end of the flightMass of 37,000 cu. ft. balloon at the end of the flightMass of 37,000 cu. ft. balloon at the end of the flight Ammonia Helium Hydrogen 400 lbs 400 lbs 400 lbs Balloon 350 lbs 350 lbs 350 lbs Crew 1,060 lbs 121 lbs 56 lbs Gas 0 lbs 0 lbs 0 lbs Ballast 1,810 lbs 871 lbs 806 lbs Gross SuperheatingSuperheatingSuperheatingSuperheating Three types of Gas BalloonsThree types of Gas BalloonsThree types of Gas BalloonsThree types of Gas Balloons ►Sub-class AA: Free balloons, not equipped with an airborne heater, which obtain their buoyancy from a lighter-than-air gas, without pressurization of the envelope. ►Sub-class AM: Free balloons which use both a lighter-than-air gas and an airborne heater, without pressurization of any envelope. ►Sub-class AS: Free balloons which use a lighter-than-air gas and are designed to allow sufficient pressurization of the envelope to affect performance substantially.

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Lighter than Air GasesLighter than Air GasesLighter than Air GasesLighter than Air Gases

►Over a dozen LTA Gases

►Many gases have been used in LTA flight

►Some are cost prohibitive

►Some offer very little lift

►Some are flammable AmmoniaAmmoniaAmmoniaAmmonia

►Cost to fill a 37,000 cu. ft. balloon: $700

►Renewable

►Toxic

►Flammability range in air 15.5% - 27.0%

►Ignition Temperature 1,204˚F HeliumHeliumHeliumHelium

►Cost to fill a 37,000 cu. ft. balloon: $11,000

►Nonrenewable

►Non-Toxic

►Inert (non-flammable) Helium is used for:Helium is used for:Helium is used for:Helium is used for: Airships and balloons Deep-sea breathing systems Cooling certain metals to produce superconductivity Cryogenics Cooling some nuclear reactors A shielding gas in arc welding An atmosphere for protecting historical documents Supersonic wind tunnels Rocketry Helium-neon lasers A tracer gas to detect leaks Reducing the distorting effects of lenses in some telescopes Helium dating for certain rocks and minerals Thermoacoustic refrigeration HydrogenHydrogenHydrogenHydrogen

►Cost to fill a 37,000 cu. ft. balloon: $2,000

►The lightest element

►Renewable

►Flammability range in air 4% - 74.2%

►Ignition Temperature 1,060˚F Everyone’s first thought! Growth in U.S. Gas Ballooning over the last 20 yearsGrowth in U.S. Gas Ballooning over the last 20 yearsGrowth in U.S. Gas Ballooning over the last 20 yearsGrowth in U.S. Gas Ballooning over the last 20 years

►Mark Sullivan (Promoting events and Hydrogen Flying)

►Tim Cole and Dennis Brown (Proving NH3 is a viable gas)

►Bert Padelt (Building an affordable Helium capable balloon)

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BRADLEY, TROYBRADLEY, TROYBRADLEY, TROYBRADLEY, TROY (cont’d) (cont’d) (cont’d) (cont’d) Fighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas BallooningFighting Gravity: The Art and Science of Gas Ballooning Factors effecting the future of gas ballooningFactors effecting the future of gas ballooningFactors effecting the future of gas ballooningFactors effecting the future of gas ballooning ►Skyrocketing cost of helium

►Hydrogen capable balloons

► Alternate LTA Gases

►Airspace (US and Europe)

►Aging pilot population

►Insurance ►Event sponsorship

►Live tracking Helpful Web SitesHelpful Web SitesHelpful Web SitesHelpful Web Sites http://www.gasballooning.org/ http://www.gasballooning.net/ http://www.bfa.net/ http://www.flynh3.com/ http://www.gasballon.be/ http://www.ballonbau.de/ http://www.dfsv.de/

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DON DAY, JRDON DAY, JRDON DAY, JRDON DAY, JR INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES

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DDDDAY, DONAY, DONAY, DONAY, DON JR JR JR JR....---- DayWeather, Inc. DayWeather, Inc. DayWeather, Inc. DayWeather, Inc.

INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES ONE STOP SHOPPINGONE STOP SHOPPINGONE STOP SHOPPINGONE STOP SHOPPING

Internet WeatherInternet WeatherInternet WeatherInternet Weather � Basic overview of how computer weather models are madeBasic overview of how computer weather models are madeBasic overview of how computer weather models are madeBasic overview of how computer weather models are made � How are internet weathHow are internet weathHow are internet weathHow are internet weather forecasts madeer forecasts madeer forecasts madeer forecasts made � Sorting out the good from the badSorting out the good from the badSorting out the good from the badSorting out the good from the bad

Grid System Grid System Grid System Grid System –––– Lewis Fry Richardson Lewis Fry Richardson Lewis Fry Richardson Lewis Fry Richardson

Grid System To test his technique and provide an example of how to use it, Richardson performed the calculations himself for just two adjacent columns of air with 5 vertical levels each. The data he used was a set of observations of pressure, wind velocity and air density at several heights taken throughout one day in 1910 by balloonists. First Weather Computer…..ENIAC 1945 – 5,000 calculations per sec IBM 704 running almost ten times faster - 1955 Weather Prediction As late as 1970, Stanford scientists began a compilation on Global Weather Prediction with the proclamation that “within five to ten years it should be possible to make accurate 10 to14 day weather forecasts.”

Moore’s LawMoore’s LawMoore’s LawMoore’s Law “Moore’s law” – computer speed and data-holding capacity double every 18 months, has held true almost for at least 30 years. The computer used today by NOAA is approximately a hundred million times faster than the IBM 701 first used for operational forecasting in 1955.

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DAY, DONDAY, DONDAY, DONDAY, DON JR. (cont’d) JR. (cont’d) JR. (cont’d) JR. (cont’d) INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES

Computer SpeedComputer SpeedComputer SpeedComputer Speed

Increase in weather prediction accuracy sincIncrease in weather prediction accuracy sincIncrease in weather prediction accuracy sincIncrease in weather prediction accuracy since 1980e 1980e 1980e 1980

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DAY, DONDAY, DONDAY, DONDAY, DON J J J JR. (cont’d)R. (cont’d)R. (cont’d)R. (cont’d) INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES

Accuracy of Weather Models This is “who” really makes internet forecasts…..CRAY …..and a Good Computer Geek How are Internet Weather Forecasts Made? �Almost all are automated, NO HUMAN INTERFACE �Database driven �Updated when computer models are completed (many different models) �Based on either the NWS database or proprietary models owned/run by private weather services �Some “fudging” involved

Recipe for Internet forecasts

FORECASTSFORECASTSFORECASTSFORECASTS

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DDDDAY, DONAY, DONAY, DONAY, DON JR. (cont’d) JR. (cont’d) JR. (cont’d) JR. (cont’d) INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES

EVEN WEATHER MAPS ARE ANIMATEDEVEN WEATHER MAPS ARE ANIMATEDEVEN WEATHER MAPS ARE ANIMATEDEVEN WEATHER MAPS ARE ANIMATED

Computer Models �ETA/NAM �GFS �NOGAPS �Canadian �ECWMF �UKMET �NGM �MM5 �…and others.. Internet Forecasts �Different websites may use different models �Most or all websites will not change to particular model on a day by day basis �Most websites use a “blend” of the computer model information �Some websites only use one dataset

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Model Biases �SHORT TERM MODEL BIAS �Overdevelops surface cyclones over land and underdevelops them across the oceans. Can be too slow to fill weakening cyclones. �Has a northern bias with respect to storm track prediction. Generally is the farthest north of the three short-range models discussed here with systems moving into the Plains from the Rockies. �Tends to overpredict surface pressures for anticyclones across the western USA. �Tends to overpredict the strength of sea-breeze convergence zones, and resultant precipitation. �During the warm season, the NGM has a high bias, overpredicting the areal coverage of light precipitation (amounts <0.50). �Near the Gulf of Mexico, the NGM very often underforecasts 0.50 to 1.00 rains, and GROSSLY underforecasts amounts heavier than that. �The NGM has a cold bias with respect to forecasting 1000 to 500-mb thicknesses over surface cyclones, during the winter. �Can be slow in deepening surface cyclones across the Gulf Stream during winter. �Tends to overdevelop surface cyclones in the lee of model terrain features. �Predicts too much stability through too deep of a layer with temperature inversions. �The NGM can be the weakest of all models with digging troughs across the western US. �Has a bias to underforecast precipitation amounts onto the west coast of the US in the presence of a blocking ridge across the Gulf of Alaska. �All models, especially the NGM, forecast too much precipitation across Texas during pre-frontal squall line situations. That is, once the squall line has moved east and mid-level winds have veered to more westerly, the rain event for Texas has usually ended. Often the NGM will still predict rainfall. This bias is most true during spring and fall/early winter. �The overall errors in the NGM decrease during the warmer months. �Has trouble handling return flow cases after strong cold fronts have pushed into the Gulf of Mexico. �Too far north and too strong with systems coming out of the Rockies; fails to consider upstream shortwave and associated jet streak on the west side of the trough. �Overforecasts upslope precipitation over the central/southern Rockies. �Too slow with Arctic airmasses plunging southward down the plains. �Factors affecting NGM QPF: �Smoother terrain: �NGM overpredict upslope pcpn and have it too far east of Rockies into plains. �NGM overpredicts pcpn in the lee of Cascades/Sierras; but not enough pcpn along windward slopes. �NGM has little skill with QPF over interior west, partially due to lack of terrain detail. �Sea breeze: �Sea breeze occurs below horizontal scale of NGM grid points; thus, NGM overpredicts scale of sea breeze and associated boundary layer moisture convergence. �NGM also overdevelops lee trough east of southern Appalachians. �Result of above is a high bias for Mid-Atlantic and Gulf states during warm season. �Convective Parameterization: �Kuo convective scheme stabilizes atmosphere at higher levels in vertical than would be done by grid-scale precipitation processes �Results: Overprediction of light precipitation and underprediction of heavier precipitation. �Evaporation: �NGM surface evaporation too high during warm season; likely a factor in overprediction of measurable precipitation �NGM surface evaporation over oceans held to half the theoretical value to suppress spurious light pcpn �NGM return flow off Gulf too westerly; this (along with restricted ocean evaporation) likely responsible for cool season low bias of heavier amounts across south. �NGM QPF performance...biases cool/warm seasons; light amounts (>0.01): �Cool season: �High bias over Pacific Northwest and lee of Cascades. �High bias over portions of interior west and through central/southern Rockies �High bias across the deep south; otherwise, generally a reasonable bias east of the Rockies. �Warm season: �High bias along west coast (central California northward) �Low bias over portions of interior west. �High bias over portions of upper Mississippi Valley and Midwest �High bias across the south �Generally a high bias east of the Rockies �NGM QPF performance...biases cool/warm seasons; heavier amounts (>0.50) �Cool season: �High bias lee of Cascades/Sierras; but a low bias along windward slope/coastal sections �Low bias over portions of interior west

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� �High bias upslope regions of central/southern Rockies �High bias over northern/central Plains �Very low bias across the south (NGM grossly underpredicts heavy rainfall in the cool season) �Warm season: �High bias lee of Cascades/Sierras; but again a low bias along windward slopes/coastal sections �Low bias over portions of interior west �High bias over southern Rockies �High bias over Northern Plains/Upper Mississippi Valley �High bias across the south (reverse of cool season) �Generally a high bias east of Rockies �NGM QPF performance...Threat Scores; comparing cool/warm seasons; heavier amounts (>0.50) �NGM has higher threat scores in the cool season �NGM has higher threat scores along and north of the storm track �NGM has its highest threat scores over the Northeast U.S. in the cool season �NGM has a band of higher threat scores extending southeast from the Midwest to Southern Appalachians in the warm season (possibly associated with MCS's?) �In general, NGM has low threat scores over the interior west in any season �NGM underpredicts low level moisture and thus grossly underpredicts rain over the south during the cool season because its Gulf return flow is too westerly. �NGM too cold at lowest levels; too warm at and above 850 mb. �NGM has trouble simulating the inversion during cold outbreaks Medium Range Models �General Biases and Comments �Models (short and medium range) do not drive arctic fronts fast enough and far enough south through the Great Plains in the winter. ECMWF usually has the best handle on such fronts of the medium range models, but is still usually a bit too slow. �The ECMWF and UKMET phase northern and southern stream short wave energy too readily over the entire forecast domain. (This is more true of the UKMET) Correction: Maintain separate streams unless the longwave pattern and trends from the short range models clearly support phasing. The longwave pattern may support phasing on days 4-5 if both the northern and southern stream flows are fairly high in amplitude and fit the mean upper pattern. Don't rely on the speed of an individual short wave. This can be a major correction that often makes you decide the fate of a major storm. �The ECMWF and to a lesser extent the UKMET will attempt to close off unphased systems too often. Correction: Keep higher amplitude but progressive troughs and open short waves moving along except in the presence of a high amplitude upstream ridge or if the trough is bumping into a downstream block. �Closed/closing off upper lows are too fast. �All models may incorrectly amplify short waves moving through low amplitude 500 mb flow. �The models will often amplify or key in on a particular short wave trough when in reality the next in a series of troughs will be more significant and dampen the first wave out. This often occurs during retrogression of the upper pattern. Correction: Weaken short waves and associated surface development if the model produces a strong solution when wavelength spacing between series of systems is short. �Arctic air will plunge southward at a more rapid pace to the lee of the Rockies and the Appalachians than forecast by medium range models (especially the UKMET) or most short range models. �Surface development is overdone in an arctic airmass by all models. �Surface cyclogenesis is underdone over the Great Basin ahead of significant upper troughing. �Storm motion across the Gulf of Alaska is too slow and too far north (all models). �Model surface lows over the oceans deepen too gradually. �Model surface lows over land are often too deep. �Model surface low development directly underneath a closed upper low is often underdone. �The UKMET/ECMWF surface high west of the Rockies is often much too weak. �The models underforecast cyclogenesis off the Carolina coasts in the presence of improving upper dynamics. Correction: Initiate cyclogenesis as the upper ridge axis reaches the coast. �Convective precipitation amounts are usually underdone and overrunning precipitation amounts are usually overdone (all models). �All models underestimate precipitation amounts along the west coast due in part to a lack of upstream data and a unrealistic orography depiction. �Precipitation is underforecast over mountains by all models due partly to inadequate terrain parameterization. �Lake effect snows are underforecast. �Model precipitation lingers too long over the high plains even after upslope decreases and upper dynamics shift eastward away from the area.

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�Precipitation produced mainly by warm air advection often begins about 6-12 hours earlier than forecast by the models east of the Rockies assuming the surface pressure field verifies as forecast. �The models underestimate precipitation amounts when a subtropical moisture plume is feeding into a weather system. �Underforecasts monsoonal precipitation across the west during the warm season. �The models often do not have proper initialization over the Pacific Ocean (all models). This can be especially true with tropical storms. �The Gulf of Alaska (and elsewhere) can be a real trouble spot in several respects: �All models periodically have some of their largest observed errors in depicting the mean pattern in the Gulf of Alaska. �Superimposed on the errors in the longwave pattern can be additional significant errors in identifying and timing shortwaves. These type errors are at their maximum in faster than normal zonal flow with short spacing between systems. �Models typically handle high moderately high amplitude systems with fairly long spacing between trofs and ridges much better over the Gulf of Alaska ( and everywhere else, for that matter.) �Transitions can be troublesome for all models. Not only are seasonal transitions difficult, but a large scale transition from high to low longwave amplitude, or vice versa, is a major source of errors in all models. �Another potential source of large error comes with extremely high amplitude ridges in the Gulf of Alaska and the forecast supergradient flow crossing to the right of the height contours on the east side of the upper ridge. This usually happens in the colder seasons, often leading to the formation of an upper low somewhere along the West Coast of the US. �Concerning these developments...the ECMWF does fairly well (with occasional big busts) in catching the genesis of cutoff lows along the W coast of the US. The UKMET/NAVY NOGAPS/CANADIAN are typically too progressive with the flow from the Ern Pacific into the Wrn US. Not digging upper energy far enough S, they are prone to miss closing off systems. �The MRF ensemble members can often be helpful in determining when any model, particularly the operational MRF, is an outlier and straying too far from reasonable solutions offered by consensus of all the available models. �A West Pacific typhoon, in the process of becoming extratropical as it enters the westerlies, can significantly alter run-to run continuity in all the models. Poor initialization of a typhoon can lead to large errors in the longwave pattern over the Pacific by Day 3 (and over most of NOAM by Day 5) as well as errors in the shorter wavelength features. �UKMET �Has problems with shallow cold air. �Tends to progress shorter wavelength features too quickly. �Westerlies are often too far south. �The model tends to lower surface pressures too much and too far south and often implies synoptic-scale fronts too far south. �Often too low with heights along the southern ends of short wave trofs, resulting in a southward displaced storm track �Significant low pressure bias during the warm season over the western U.S., particularly when upper ridge conditions predominate �Breaks down amplified long wave patterns too quickly �Over the east, tends to be too weak and strung out with surface cyclogenesis along fronts when a significant short wave is digging into the trough position. This results from the forecasted baroclinic zone being too broad and low-level temperature gradients being too weak. (Doesn't take into account latent heat release from the Gulf Stream). �Of the medium range models, it has the poorest performance forecasting polar vortices. �Often is too flat with the upper and surface patterns over the western Pacific. �Eastward forecast bias with upper lows, especially over eastern Canada, possibly due to its tendency to flatten amplified patterns too quickly �The UKMET often develops an upper system too far to the south over the Gulf of Mexico and the northwest Caribbean. This is a tropical interaction problem or applies directly to tropical cyclones. �ECMWF �Compared to the other 2 operational models described above, the ECMWF does the best in predicting mid/upper tropospheric heights during the colder part of the year(such as October through April). The ECMWF tends to perform quite well in predicting amplitudes of planetary-scale regimes such as the Pacific/North American teleconnection (PNA). This model can also perform outstandingly during low to high planetary-scale wavenumber transition events, and northern hemispheric-scale regime transitions (Berry et al. 1996, CR TM 111). �Outperforms the other medium-range forecast models during shallow cold air situations. �Tends to overdevelop mid/upper cyclones across the southwestern U.S. Situations arise where this model will be too slow to predict the movement of cyclones from the southwest deserts. �Has a slight tendency to forecast mid/upper tropospheric heights and the resultant thickness calculations too high (i.e.; a warm bias). �Sometimes, especially during the warmer portion of the annual cycle, this model has too many closed lows. This bias may be related to its high resolution. �Tends to overamplify the long wave pattern, resulting in slower than observed progression of systems through the westerlies. This can result in overly weak and northward displaced short waves and associated surface features lifting into the long wave ridge position. �Found to have the smallest overall distance errors with springtime closed low forecasts during days four and five.

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� � �Westward forecast bias of closed cyclones (related to the issue described above) �Often too slow moving short wave features in deamplifying or zonal patterns �Of the medium range models, the ECMWF performs best with driving Arctic fronts down the east slopes of the Rockies. �The ECMWF too often incorrectly digs closed upper lows SWWD then WWD underneath strong upper ridges over the Eastern Pacific.

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Points to Ponder �Buyer beware �Many websites only give SURFACE weather �Models are NOT perfect �Pilots who obtain internet forecasts from commercial providers should use the information ONLY as a guide �Many internet forecasts do not contain other elements such as wind forecasts, especially WIND GUST potential �Add the human element whenever possible, either yourself or a weather briefer Let’s Go Shopping �WalMart Weather �Target Weather �Neiman Marcus WalMart Weather �Numerous and popular weather websites �Weather.com �Weather Underground �AccuWeather.com �Any weather from news sites, CNN, FOX, etc. �WeatherBug �Supplement DATABASE DRIVEN WEATHER SAMPLESSAMPLESSAMPLESSAMPLES http://www.weather.com/weather/ http://www.weather.com/weather/ http://www.weather.com/weather/ http://www.weather.com/weather/

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SAMPLESSAMPLESSAMPLESSAMPLES http://www.wunderground.com/cgi http://www.wunderground.com/cgi http://www.wunderground.com/cgi http://www.wunderground.com/cgi----bin/findweather/bin/findweather/bin/findweather/bin/findweather/

Target Weather �Intellicast �USAirNet �Aviation Digital Data Service (ADDS) �DUATS �Windmapper.com

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DAY, DONDAY, DONDAY, DONDAY, DON JR. (co JR. (co JR. (co JR. (cont’d)nt’d)nt’d)nt’d) INTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICESINTERNET WEATHER SERVICES

SAMPLESSAMPLESSAMPLESSAMPLES: http://www.usairnet.com/: http://www.usairnet.com/: http://www.usairnet.com/: http://www.usairnet.com/

SAMPLES: SAMPLES: SAMPLES: SAMPLES: http://adds.aviationweater.gov/http://adds.aviationweater.gov/http://adds.aviationweater.gov/http://adds.aviationweater.gov/

111

DAY, DONDAY, DONDAY, DONDAY, DON JR. (cont’d) JR. (cont’d) JR. (cont’d) JR. (cont’d) INTERNET WEATINTERNET WEATINTERNET WEATINTERNET WEATHER SERVICESHER SERVICESHER SERVICESHER SERVICES

SAMPLES: http://www.met.tamu.edu/Weather_Interface/SAMPLES: http://www.met.tamu.edu/Weather_Interface/SAMPLES: http://www.met.tamu.edu/Weather_Interface/SAMPLES: http://www.met.tamu.edu/Weather_Interface/

www.Windmapper.com

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Neiman Marcus �Blastvalve �Rapid Update Cycle Forecasts (RUC) �Your own weather analysis after your shopping trip - combine what is your shopping cart SAMPLES: www.blastvalve.com/weather/SAMPLES: www.blastvalve.com/weather/SAMPLES: www.blastvalve.com/weather/SAMPLES: www.blastvalve.com/weather/

SSSSAMPLES: http://wwwAMPLES: http://wwwAMPLES: http://wwwAMPLES: http://www----frd.fsl.noaa.gov/mab/soundings/frd.fsl.noaa.gov/mab/soundings/frd.fsl.noaa.gov/mab/soundings/frd.fsl.noaa.gov/mab/soundings/

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SAMPLES: http://wwwSAMPLES: http://wwwSAMPLES: http://wwwSAMPLES: http://www----frd.fsl.noaa.gov/mab/sondings/frd.fsl.noaa.gov/mab/sondings/frd.fsl.noaa.gov/mab/sondings/frd.fsl.noaa.gov/mab/sondings/

Your own weather analysis �Have a well thought out weather checklist �Checking the weather patterns at least 48 hours in advance �Find 2 or 3 websites you like and stick with them while keeping your eye out for new sites �Go back and compare what was forecast and what actually happened Questions?

114

115

GARY EATONGARY EATONGARY EATONGARY EATON

RELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITY

116

EATON, GARYEATON, GARYEATON, GARYEATON, GARY RELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITY

STATE LAWS STATE LAWS STATE LAWS STATE LAWS VARY.VARY.VARY.VARY.

CONSULT A CONSULT A CONSULT A CONSULT A LOCALLOCALLOCALLOCAL

ATTORNEY!ATTORNEY!ATTORNEY!ATTORNEY!

117

EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d) RELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITYRELEASE OF LIABILITY

DDDDISCLAIMERISCLAIMERISCLAIMERISCLAIMER

THERE IS NO PERFECTTHERE IS NO PERFECTTHERE IS NO PERFECTTHERE IS NO PERFECT RELEASE OF LIABILITY AGREEMENTRELEASE OF LIABILITY AGREEMENTRELEASE OF LIABILITY AGREEMENTRELEASE OF LIABILITY AGREEMENT STATE and FEDERAL LAWS VARYSTATE and FEDERAL LAWS VARYSTATE and FEDERAL LAWS VARYSTATE and FEDERAL LAWS VARY CONSULT a LOCAL ATTCONSULT a LOCAL ATTCONSULT a LOCAL ATTCONSULT a LOCAL ATTORNEYORNEYORNEYORNEY

The materials and information provided are offered for educational purposes only. My purpose is to alert hot air balloon pilots to some of the factors that have been applied by the Courts to validate or invalidate Release of Liability Agreements in various settings. This presentation shall not be considered as a legal consultation or as an offer of legal advice for any purpose whatsoever. There shall be no attorney/client relationship unless and until the attorney and the client agree to and sign a written Retainer Agreement. Release of Liability Agreements are subject to Federal laws and the laws of the various States. These laws vary and change from time-to-time. Therefore, you are warned to consult with a local attorney who is familiar with your local State and Federal laws and the specific facts of your situation.

Gary Eaton

118


RELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTS

Hot Air Ballooning has been held by the Courts to be a hazardous activity exposing the participants to the risks of injury, death or property damage arising from the negligence of the balloonist.

Release of Liability Agreements have several purposes: 1. A properly worded agreement fulfills a balloon operator's moral obligation to warn potential passengers of the dangers inherent in hot air ballooning. [ Source: Christine Kalakuka ] 2. Shift the financial and legal responsibility [ liability ] for injuries, death or damage from the balloonist to other participants

[ passengers or crewmembers ]; 1. Discourage claims and lawsuits by the participants against the balloonist; 2. Reduce the costs of responding to and defending claims and lawsuits; and, 3. Expedite the litigation process by the use of Summary Judgment procedures rather that Trial by Court or Jury. 4. Reduce the costs of commercial and sport ballooning.

Release of Liability Agreements cannot shift responsibility for injuries, death or damages caused by gross negligence, willful misconduct or criminal behavior.

Because Releases could encourage carelessness, the Courts view them with disfavor and will construe the language of a Release strictly against the party relying on it.

The language must clearly and unequivocally express the intent of the parties to release the balloonist from liability for the balloonist's negligence that allegedly caused injury, death or damage.

The Release must place the participant on notice of the specific risks being waived. It need not, however, list every possible cause of an accident to be effective, so long as the signer understands the types of risks included in the Release.

CHECKLISTCHECKLISTCHECKLISTCHECKLIST

1. LEGIBLE - Releases in all capital letters may be harder to read

2. SIZE and TYPE of PRINT – A minimum of Ten Point Font – I prefer bold type

3. CLEAR and EXPLICIT – Do not mince words

4. UNAMBIGUOUS – Do not use words or phrases with two or more possible meanings

5. SIMPLE – Use short sentences and short paragraphs

6. SHORT – Try to keep it to one page – do not bury it inside another document

7. UNDERSTANDABLE – Minimize the legalese – Can your teenager explain it ?

8. TIME and OPPORTUNITY to read the release in advance of the flight

9. NO ADVERSE STATEMENTS – "You can still sue me." still sue me." still sue me." still sue me." "Its meaningless." "My insurance company / my attorney makes me use this form." No Jokes !

10. FREE of FRAUD or MISREPRESENTATION – Do not tell the participant that you have no insurance [ California Public Utilities Code Section 5513 requires liability insurance for commercial balloon operations.

11. FREE of DURESS – Economic – Mental – Physical – For example: "We dare you to go up." "You're a wimp if you don't fly." "If you pay me an extra $500.00 for a Wavier you don't have to sign the Release." Balloonist should have a fair and reasonable Refund Policy. If the participant does not want to sign the Release and no refund is available this may be construed as duress. At the least there may be an issue of material fact for trial by a Jury and your Costs of Defense will escalate exponentially.

12. DESCRIPTION of the TYPE of RISKS – injury or death – Was the cause of the accident a foreseeable hazard that was contemplated by the Release Agreement ?

13. SPECIFIC IDENTITY of PARTIES: RELEASED PARTIES: Name the owner – pilot –crew – sponsor – event organizer; RELEASING PARTY: passenger / crewmember

14. The agreement must refer to a release of liability for negligence.

15. NOT AGAINST PUBLIC POLICY – of your State.

119


GUIDELINESGUIDELINESGUIDELINESGUIDELINES

1. Use a "Choice of Law" clause when flying out-of-state if your home State has more favorable laws.

2. Use an "Attorney Fees to the Prevailing Party" clause – to discourage contingent fee attorneys from asserting unmeritorious calms seeking a quick nuisance-value settlement

3. Obtain a statement that the participant is an adult with no know medical, mental or physical conditions that might reasonably prevent participation.

4. Insert a wavier of California Civil Code Section 1542 or similar laws of other states.

5. Present the Release Agreement to the participant as early as possible before the flight.

6. Use one Release for each participant – this may minimize evidentiary challenges.

7. Keep the original Release Agreements forever.

8. Provide a copy of the Release Agreement to the participant.

9. Has the Release that you propose to use been tested by the Courts of your state ?

WARNING:WARNING:WARNING:WARNING:

> State laws vary !> State laws vary !> State laws vary !> State laws vary !

> Some stat> Some stat> Some stat> Some states do not permit Release Agreements that attempt to grant immunity for personal injuries caused by negligence. es do not permit Release Agreements that attempt to grant immunity for personal injuries caused by negligence. es do not permit Release Agreements that attempt to grant immunity for personal injuries caused by negligence. es do not permit Release Agreements that attempt to grant immunity for personal injuries caused by negligence. Nevertheless, a Release Agreement may still discourage claims and lawsuits.Nevertheless, a Release Agreement may still discourage claims and lawsuits.Nevertheless, a Release Agreement may still discourage claims and lawsuits.Nevertheless, a Release Agreement may still discourage claims and lawsuits.

> Consult with a local attorney who is familiar with the laws of your> Consult with a local attorney who is familiar with the laws of your> Consult with a local attorney who is familiar with the laws of your> Consult with a local attorney who is familiar with the laws of your State ! State ! State ! State !

120


ANATOMY OF A CLAIMANATOMY OF A CLAIMANATOMY OF A CLAIMANATOMY OF A CLAIM

ACCIDENT

VICTIM submits a CLAIM to Balloonist

BALLOONIST provides copy of RELEASE of LIABILITY AGREEMENT and Denies Claim

VICTIM / PLAINTIFF files COMPLAINT for DAMAGES: Personal Injuries

Pain and Suffering

Personal Property Damage

Medical, Dental, and Mental Expenses

Loss of Earnings

Future Medical, Dental, and Mental Expenses Future Loss of Income

Vocational Retraining

Loss of Consortium

Litigation and Court Costs

Attorney Fees

STATUTE of LIMITATIONS runs

DEFENDANT / BALLOONIST is served with SUMMONS and COMPLAINT DEFENDANT / BALLOONIST submits Complaint to Balloonist's Insurance Carrier Insurance Carrier Attorney files ANSWER to COMPLAINT for Balloonist

DISCOVERY PROCESSES: Interrogatories

Mutual Demand for Production of Documents: Photographs; Witness Statements; Accident Reports; FAA / NTSB Reports; Weather Reports; Medical Records; Earning Records; Employment Records; Aircraft Log Books; Pilot Log Books

Depositions: All parties; Crewmembers; Other Passengers; Health Care Providers; Accident Experts; Medical Experts; Vocational Experts; Witnesses; Investigation Authorities

LEGAL RESEARCH

CONFERENCES and COMMUNICATIONS

COURT HEARINGS: Status Conferences Trial Readiness Conferences Settlement Conferences Judicial Settlement Conferences Trial Setting Conferences Hearings and Court Conferences – CONTINUED

DEFENDANT'S MOTION for SUMMARY JUDGMENT A Motion for Summary Judgment is based on the Court Pleadings; Affidavits; Transcripts of Depositions; Answers to Interrogatories; Admissions of Facts; etc. and Legal Briefs.

PLAINTIFF'S OPPOSITION to MOTION for SUMMARY JUDGMENT The opposing party only needs to show by it's written material and it's legal brief that there is a "TRIABLE ISSUE of MATERIAL FACT".

REBUTTAL to PLAINTIFF'S OPPOSITION to MOTION

COURT HEARING on Motion for Summary Judgment f"Trial by Paperwork"] If the Court finds that there is no Triable Issue of Material Fact: MOTION is GRANTED and the Case is decided as a QUESTION of LAW. If the Court finds that there is a Triable Issue of Fact: MOTION is DENIED. The Issue of Fact will be determined by the Trier of Fact the Jury or the Judge for Non-Jury cases I

TRIAL PREPARATION continues

121


OPINION by JUSTICE COMPTONOPINION by JUSTICE COMPTONOPINION by JUSTICE COMPTONOPINION by JUSTICE COMPTON

"Drafters of releases always face the problem of steering between the Scylla of simplicity and the Charybdis of completeness. Apparently no release is immune from attack. If short and to the point, a release will be challenged as failing to mention the particular risk which caused a plaintiff's injury...or as insufficiently comprehensive. It will be attacked as totally ineffective if a key word is placed in the caption for emphasis but not repeated in the text ... or if, despite unambiguous language, the word 'negligence' is not used.... If the drafter avoids these shortcomings by adding details and illustrations, the plaintiff... characterizes the causative hazard as one not found among those listed in the release, but if the list ends with an inclusive term — `and all other risks not specifically enumerated' — it will be argued... that the risk encountered is nonetheless not assumed, because its nature is different from those listed. If the drafter strives to be comprehensive the release is attacked as unduly lengthy... but if he fits it onto a single page, the type size will be criticized as inadequate....

To be effective, a release need not achieve perfection; only on Draftsman's Olympus is it feasible to combine the elements of a trust indenture with the brevity of a STOP sign. 'Whoever thinks a faultless piece to see, Thinks what ne'er was, nor is, nor e'er shall be. Pope, "Essay on Criticism". It suffices that a release be clear, unambiguous, and explicit, and that it express an agreement not to hold the released party liable for negligence."

National and International Brotherhood of Street Racers, Inc. v. Superior Court [Castro] (1990) 215 Cal. App. 3d 934 @ 937;

264 Cal. Rptr. 44

122

EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d) RELEASE OF LIABILITRELEASE OF LIABILITRELEASE OF LIABILITRELEASE OF LIABILITYYYY

HOT AIR BALLOONING

TYPES OF RISKS

Injury — Physical, Medical, Dental, Vision, Mental, or Emotional Death

Property Damage

Negligent Conduct [ acts or omissions ] by pilot

Negligent Conduct [ acts or omissions ] by crewmembers

Negligent Conduct [ acts or omissions ] by others

Capsizing of the Basket

Deflation of the Balloon Envelope

Fall to Earth while Airborne

Electrocution

Collision with Obstacles on the Ground

Collision with Objects in the Air

Becoming Tangled in cables, ropes, hoses, lines, wires

Immersion in Water

Fire: on board the aircraft

Fire: not on board the aircraft

Temperature Extremes Hypoxia

Hypothermia

Inclement Weather

Condensation from the Burner contacting body or clothing Unavailability of Medical Facilities

Unavailability of Medical Assistance

Unavailability of Facilities for Personal Hygienic Use

Animal Attacks, for example: Dogs, Snakes, Coyotes, Wolves

Attacks by Insects, for example Bees, Scorpios, Wasps

Launch or Landing on Property that is Unsafe

Launch or Landing on Property that is Hazardous

Transportation by Motor Vehicle

Illness or Disease from Others

Arrest for Trespass

Arrest for Other Alleged Crimes, such as Driving Under the Influence Invasion of Right of Privacy

Loss of Consortium

123


VERSION 1VERSION 1VERSION 1VERSION 1---- HOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOON RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

I,___________________________ _______________________________ ______________________________ PRINT FIRST NAME PRINT MIDDLE NAME PRINT LAST NAME

hereby acknowledge that I have VOLUNTARILY applied to participate in hot air ballooning recreational / sporting activities. I understand and I am aware that hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. I understand that hot air ballooning and the use of ballooning equipment involves a risk of injury or death risk of injury or death risk of injury or death risk of injury or death and that there is a possibility that I could be injured or killed while participating in this activity. I also understand that the property upon which the take-off or landing of the balloon is to occur may not be in a safe condition.

I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational / sporting sporting sporting sporting activities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, take----off, flight, landing, packoff, flight, landing, packoff, flight, landing, packoff, flight, landing, pack----up or travel to or from the takeup or travel to or from the takeup or travel to or from the takeup or travel to or from the take----off or landing off or landing off or landing off or landing areas, areas, areas, areas, including ground transportation.including ground transportation.including ground transportation.including ground transportation.

I recognize that the pilot of the balloon is in full and complete charge and control of the balloon and is solely responsible for all decisions made concerning all things or persons in or connected with the balloon on the ground or in the air.

I hereby irrevocably release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, his employees, balloon crew, sponsors, agents, successors, heirs, assigns, affiliates and legal representatives ["Released Parties"] from all claims, rights, demands or actions for all claims, rights, demands or actions for all claims, rights, demands or actions for all claims, rights, demands or actions for ordinary negligence ordinary negligence ordinary negligence ordinary negligence which I or my successors, heirs or assigns may have against the Released Parties in connection with the ballooning activities. I agree not to make a claim against or sue the Released Parties for injuries, death or property damages injuries, death or property damages injuries, death or property damages injuries, death or property damages relating to the ballooning activities and/or the use of the balloon equipment, even if any injury, death or damage is caused to me or my property is due to the ordinary negligence ordinary negligence ordinary negligence ordinary negligence of the Released Parties or the dangerous condition dangerous condition dangerous condition dangerous condition of any property upon which the ballooning activities may take place.

I further understand and agree that this release release release release extends to all claims for ordinary negligence, all claims for ordinary negligence, all claims for ordinary negligence, all claims for ordinary negligence, known, unknown, suspected or unsuspected, arising out of the ballooning activities and I hereby expressly expressly expressly expressly waive all rights under Section 1542 of the California Civil Code regarding such claims. Section 1542 states:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

I hereby agree to and accept the terms and conditions of this Release of Liability and Assumption of Risk Agreement. Release of Liability and Assumption of Risk Agreement. Release of Liability and Assumption of Risk Agreement. Release of Liability and Assumption of Risk Agreement. This Release of Liability and Assumption of Risk Agreement constitutes the final and entire agreement between the Released Parties and the undersigned concerning this subject matter.

In the event of litigation with respect to the ballooning activities or this agreement, the prevailing party shall be entitled to recover attorney fees and the costs of litigation.

I certify that I am eighteen (18) years of age or older and that I have no medical or mental condition that prevents me from participating in the ballooning activities.

[In the space below, please print the following:] "I have carefully read this Release ofRelease ofRelease ofRelease of Liability Agreement and I fully Liability Agreement and I fully Liability Agreement and I fully Liability Agreement and I fully understand it."understand it."understand it."understand it."

SignatureSignatureSignatureSignature

Print Fuil NamePrint Fuil NamePrint Fuil NamePrint Fuil Name

Your Initials:Your Initials:Your Initials:Your Initials:____________________________________________________________________ DateDateDateDate

124

EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d) RELERELERELERELEASE OF LIABILITYASE OF LIABILITYASE OF LIABILITYASE OF LIABILITY

VERSION 2- HOT AIR BALLOON RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

I,___________________________ _______________________________ ______________________________

PRINT FIRST NAME PRINT MIDDLE NAME PRINT LAST NAME

hereby acknowledge that I have VOLUNTARILY applied to participate in hot air ballooning recreational/sporting activities. I understand and I am aware that hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. I understand that hot air ballooning and the use of ballooning equipment involves a risk of injury or death risk of injury or death risk of injury or death risk of injury or death and that there is a possibility that I could be injured or killed while participating in this activity. I also understand that the property upon which the take-off or landing of the balloon is to occur may not be in a safe condition. I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning I hereby agree to, and expressly assume the risks of injury or death while engaged in hot air ballooning recreational/sporting activities whether during the preparation, takerecreational/sporting activities whether during the preparation, takerecreational/sporting activities whether during the preparation, takerecreational/sporting activities whether during the preparation, take----off, flight, landing, packoff, flight, landing, packoff, flight, landing, packoff, flight, landing, pack----up or travel to or from the takeup or travel to or from the takeup or travel to or from the takeup or travel to or from the take----ofofofoff or f or f or f or landing areas, including ground transportation.landing areas, including ground transportation.landing areas, including ground transportation.landing areas, including ground transportation.


I hereby irrevocably release release release release , his/her/their/it's employees, balloon crew, sponsors, agents, successors, heirs, assigns, affiliates and legal representatives ["Released Parties"] from all claims, rights, demands or all claims, rights, demands or all claims, rights, demands or all claims, rights, demands or actions for ordinary negligence actions for ordinary negligence actions for ordinary negligence actions for ordinary negligence which I or my successors, heirs or assigns may have against the Released Parties in connection with the ballooning activities. I agree not to make a claim against or sue the Released Parties for injuries, death or property dinjuries, death or property dinjuries, death or property dinjuries, death or property damages amages amages amages relating to the ballooning activities and/or the use of the balloon equipment, even if any injury, death or damage is caused to me or my property is due to the ordinary negligence ordinary negligence ordinary negligence ordinary negligence of the Released Parties or the dangerous condition dangerous condition dangerous condition dangerous condition of any property upon which the ballooning activities may take place.

I further understand and agree that this release release release release extends to all claims for ordinary negligence , all claims for ordinary negligence , all claims for ordinary negligence , all claims for ordinary negligence , known, unknown, suspected or unsuspected, arising out of the ballooning recreational/sporting activities.



I certify that I am eighteen (18) years of age or older and that I have no medical or mental condition that prevents me from participating in the ballooning activities.

[In the space below, please print the following:] "I have carefully read this Release ofRelease ofRelease ofRelease of Liability Agreement and I fullyLiability Agreement and I fullyLiability Agreement and I fullyLiability Agreement and I fully understand it."understand it."understand it."understand it."

SignatureSignatureSignatureSignature



125


HOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOON RELEASE OF LIABILITY RELEASE OF LIABILITY RELEASE OF LIABILITY RELEASE OF LIABILITY & ASSUMPTION OF RISASSUMPTION OF RISASSUMPTION OF RISASSUMPTION OF RISK AGREEMENTK AGREEMENTK AGREEMENTK AGREEMENT

IIII, , the parent or Legal Guardian of , , the parent or Legal Guardian of , , the parent or Legal Guardian of , , the parent or Legal Guardian of I,___________________________ _______________________________ ______________________________ PRINT CHILD’S FIRST NAME PRINT CHILD’S MIDDLE NAME PRINT CHILD’S LAST NAME

hereby acknowledge that I have VOLUNTARILY agreed to allow said child to participate in hot air ballooning activities.

I understand and I am aware that hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. hot air ballooning is a hazardous activity. I understand that hot air ballooning and the use of ballooning equipment involves a risk of injrisk of injrisk of injrisk of injury or death ury or death ury or death ury or death and that there is a possibility that the child could be injured or killed while participating in this activity. I also understand that the property upon which the take-off or landing of the balloon is to occur may not be in a safe condition.

IIII hereby agree to, and I expressly assume the risks of injury or death while the child is hot air ballooning recreational/sporting hereby agree to, and I expressly assume the risks of injury or death while the child is hot air ballooning recreational/sporting hereby agree to, and I expressly assume the risks of injury or death while the child is hot air ballooning recreational/sporting hereby agree to, and I expressly assume the risks of injury or death while the child is hot air ballooning recreational/sporting activities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, take----off, flight, landing, packoff, flight, landing, packoff, flight, landing, packoff, flight, landing, pack----up or travel to or from the takeup or travel to or from the takeup or travel to or from the takeup or travel to or from the take----off or landing aroff or landing aroff or landing aroff or landing areas, eas, eas, eas, including ground transportation.including ground transportation.including ground transportation.including ground transportation.


I hereby irrevocably release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, his employees, balloon crew, sponsors, agents, successors, heirs, assigns, affiliates and legal representatives ["Released Parties"] from all claims, rights, demands or actions for orall claims, rights, demands or actions for orall claims, rights, demands or actions for orall claims, rights, demands or actions for ordinary negligence dinary negligence dinary negligence dinary negligence which I, or the child, child, child, child, or our successors, heirs or assigns may have against the Released Parties in connection with the ballooning activities. I agree not to make a claim against or sue the Released Parties for injuries, death or propertyinjuries, death or propertyinjuries, death or propertyinjuries, death or property damages damages damages damages relating to the ballooning activities and/or the use of the balloon equipment, even if any injury, death or damage is caused to the child child child child or property is due to the ordinary negligence ordinary negligence ordinary negligence ordinary negligence of the Released Parties or the dangerous condition dangerous condition dangerous condition dangerous condition of any property upon which the ballooning activities may take place.

I further understand and agree that this release release release release extends to all claims for ordinary negligence all claims for ordinary negligence all claims for ordinary negligence all claims for ordinary negligence of every nature and kind whatsoever, known, unknown, suspected or unsuspected, arising out of the ballooning activities and I hereby expressly expressly expressly expressly waive all rights under Section 1542 of the California Civil Code regarding such claims. Section 1542 states:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."



I certify that I am eighteen (18) years of age or older and that said child has no medical or mental condition that prevents the child child child child from participating in the ballooning activities.


Signature of Parent or Legal Guardian

PrinPrinPrinPrint Fuil Namet Fuil Namet Fuil Namet Fuil Name


126


VERSION 2VERSION 2VERSION 2VERSION 2---- HOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOONHOT AIR BALLOON RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENTRELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

IIII, , the parent or Legal Guardian of , , the parent or Legal Guardian of , , the parent or Legal Guardian of , , the parent or Legal Guardian of I,___________________________ _______________________________ ______________________________ PRINT CHILD’S FIRST NAME PRINT CHILD’S MIDDLE NAME PRINT CHILD’S LAST NAME

hereby acknowledge that I have VOLUNTARILY agreed to allow said child to participate in hot air ballooning activities.

I understand and I am aware that hot air ballooning is hot air ballooning is hot air ballooning is hot air ballooning is a hazardous activity. hazardous activity. hazardous activity. hazardous activity. I understand that hot air ballooning and the use of ballooning equipment involves a risk of injury or death risk of injury or death risk of injury or death risk of injury or death and that there is a possibility that the child child child child could be injured or killed while participating in this activity. I also understand that the property upon which the take-off or landing of the balloon is to occur may not be in a safe condition.

I hereby agree to, and I expressly assume the risks of injury or death while the chiI hereby agree to, and I expressly assume the risks of injury or death while the chiI hereby agree to, and I expressly assume the risks of injury or death while the chiI hereby agree to, and I expressly assume the risks of injury or death while the child is hot air ballooning recreational/sporting ld is hot air ballooning recreational/sporting ld is hot air ballooning recreational/sporting ld is hot air ballooning recreational/sporting activities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, takeactivities, whether during the preparation, take----off, flight, landing, packoff, flight, landing, packoff, flight, landing, packoff, flight, landing, pack----up or travel to or from the takeup or travel to or from the takeup or travel to or from the takeup or travel to or from the take----off or landing areas, off or landing areas, off or landing areas, off or landing areas, including ground transportation.including ground transportation.including ground transportation.including ground transportation.


I hereby irrevocably release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, release Gary Bruce Eaton, his employees, balloon crew, sponsors, agents, successors, heirs, assigns, affiliates and legal representatives Released Parties"] from all claims, rights, demands or actions for ordinary negligence all claims, rights, demands or actions for ordinary negligence all claims, rights, demands or actions for ordinary negligence all claims, rights, demands or actions for ordinary negligence which I, or the child, child, child, child, or our successors, heirs or assigns may have against the Released Parties in connection with the ballooning activities. I agree not to make a claim against or sue the Released Parties for injuries, death or property damages injuries, death or property damages injuries, death or property damages injuries, death or property damages relating to the ballooning activities and/or the use of the balloon equipment, even if any injury, death or damage is caused to the child child child child or property is due to the ordinary ordinary ordinary ordinary negligence negligence negligence negligence of the Released Parties or the dangerous condition dangerous condition dangerous condition dangerous condition of any property upon which the ballooning activities may take place.

I further understand and agree that this release release release release extends to all claims for ordinary negligence all claims for ordinary negligence all claims for ordinary negligence all claims for ordinary negligence of every nature and kind whatsoever, known, unknown, suspected or unsuspected, arising out of the ballooning activities.

I hereby agree to and accept the terms and conditions of this ReleasReleasReleasRelease of Liability and Assumption of Risk Agreement. e of Liability and Assumption of Risk Agreement. e of Liability and Assumption of Risk Agreement. e of Liability and Assumption of Risk Agreement. This Release of Liability and Assumption of Risk Agreement constitutes the final and entire agreement between the Released Parties and the undersigned concerning this subject matter.


I certify that I am eighteen (18) years of age or older and that said child has no medical or mental condition that prevents the child from participating in the ballooning activities.


Signature of Parent or Legal Guardian



127


HOT AIR BALLOON HOT AIR BALLOON HOT AIR BALLOON HOT AIR BALLOON PASSENGER BRIEFINGPASSENGER BRIEFINGPASSENGER BRIEFINGPASSENGER BRIEFING

1. DO NOT SMOKE in or near the aircraft. Propane is Explosive! 2. Stay clear of the inflator fan. 3. Do not enter the basket until the pilot invites you to do so. 4. Enter the basket carefully; you may use the uprights to help yourself in. 5. Do Not Touch the fuel hoses, propane tanks or aircraft instruments. 6. Do Not Touch the cables [yellow rope handles are okay]. 7. On launch and landing face the direction of travel. 8. Keep hands and arms inside the basket at all times. 9. Advise followers not to intervene or enter anyone's property in their vehicle or on foot without prior permission of the landowner.

10. Advise followers to stay clear of the chase vehicle during flight and landings. 11. LANDINGS MAY INCLUDE HARD, FAST, ROUGH IMPACT WITH THE GROUND! Read the Preparation for Landings Instructions on the reverse side.

12. Read the Release of Liability form carefully, and then please sign it, IF it is acceptable to you.

[Source: [Source: [Source: [Source: Balloon Life, May 1989]Balloon Life, May 1989]Balloon Life, May 1989]Balloon Life, May 1989]

You may be invited to participate in "ground crew operations" [such as balloon inflation, deflation, and pack-up]; or "flight crew tasks"[such as: reading the Global Positioning System [GPS] Instrument; reading gauges; communicating with the ground crew via radio; reading maps; watching for obstacles, etc.]; and, similar tasks. You may decline the invitation at your sole discretion. The purpose of the invitation is to permit you to have a "hands-on" experience if you chose.

HOT AIR BALLOONING HOT AIR BALLOONING HOT AIR BALLOONING HOT AIR BALLOONING PREPARATION FOR LANDINGPREPARATION FOR LANDINGPREPARATION FOR LANDINGPREPARATION FOR LANDING

• Stow and secure all cameras and personal belongings in the bottom of the basket.

• FACE THE DIRECTION OF TRAVEL.

• Place your feet shoulder length apart with one foot in front of the other — karate style.

• HOLD ON TIGHT to the yellow rope handles.

• BEND YOUR KNEES to avoid the shock of impact with the ground - the faster the descent - the lower your center of gravity must be.

• Keep your hands, arms, feet and legs inside the basket.

• STAY IN THE BASKET.

• DO NOT EXIT THE BASKET until you are given personal / individual permission to exit by the pilot.

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EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d)EATON, GARY (cont’d) RELEASE OF LIABILITRELEASE OF LIABILITRELEASE OF LIABILITRELEASE OF LIABILITYYYY

DISCLAIMERDISCLAIMERDISCLAIMERDISCLAIMER

"The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft."

Federal Aviation Regulation Part 91; Section 91.3

"Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight."

Federal Aviation Regulation Part 91; Section 91.103

These FARs establish non-delegable duties imposed upon the pilot-in-command of any aircraft.

This publication by the Balloon Federation of America provides information solely for the purpose of assisting pilots in the

execution of the pilot in command's exclusive responsibilities for the operation of the aircraft.

It is the pilot in command's statutory responsibility to be alert at all times for and in anticipation of all circumstances, situations, and

conditions affecting the safe operation of the aircraft.

This publication does not constitute advise on what a pilot in command should do or should not do in any particular situation.

This publication does not constitute legal advice.

Compliance with Federal, State, or local laws, rules, and regulations is the sole and exclusive responsibility of the pilot in command.

In the event of any legal action arising with respect to this publication it is and shall be the exclusive responsibility of the pilot in

command to indemnify, protect and defend the Balloon Federation of America, its officers, directors, members, contributors to this

publication, their employees, agents, affiliates, representatives, heirs, successors or assigns from any and all liability, including

attorney fees, court costs and other costs of litigation which they may incur.

In the event of any litigation with respect to this publication, the prevailing party shall be entitled to recover attorney fees, court

costs and other costs of litigation.

gbe: January 2, 2006

RELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTSRELEASE OF LIABILITY AGREEMENTS

REFERENCE MATERIALREFERENCE MATERIALREFERENCE MATERIALREFERENCE MATERIAL

"WA VIERS & RELEASES of LIABILITY", Sixth Edition ( 2007 ) Chapter 8: "State Wavier Law"

by Doyice J. Cotton and Mary B. Cotton

International Health, Racquet, and Sportclub Association

"THE SPORTS CHAMBER: EXCULPATORY AGREEMENTS UNDER PRESSURE"

by Mario R. Arango and William R. Trueba, Jr.

University of Miami Entertainment & Sports Law Review Volume 14, Number 1 - 2; 1997

"LIABILITY RELEASE FORMS"

by John S. Yodice, General Counsel, Aircraft Owners and Pilots Association AOPA PILOT; September 2007; "PILOT COUNSEL" at

page 50

TUNKL vs REGENTS of UNIVERSITY of CALIFORNIA ( 1963 ) 60 Cal. 2d 92

NATIONAL and INTERNATIONAL BROTHERHOOD of STREET RACERS, INC. vs SUPERIOR COURT ( Castro ) ( 1990 ) 215 Cal. App. 3d 937

CITY of SANTA BARBARA vs SUPERIOR COURT ( Terra! Janeway ) (2007 ) 41 Cal 46 747; Docket No. S141643, July 16, 2007

BAKER PACIFIC CORP. vs SUTTLES ( 1990) 220 Cal. App. 3d 1148

CALIFORNIA CIVIL CODE Section 1668

129


MOTION F R SLIM RY JIJUGNIEMOTION F R SLIM RY JIJUGNIEMOTION F R SLIM RY JIJUGNIEMOTION F R SLIM RY JIJUGNIE

A MOTION FOR SUMMARY JUDGMENT is a written request asking the Court for a Judgment in the moving party's favor before a lawsuit goes to trial.

The Motion is based on: Affidavits; Transcripts of Depositions; Admissions of Facts; Answers to Written Interrogatories; and other written evidence.

The Motion claims that all factual and legal issues can be decided in the moving party's favor.

The alleged facts are accompanied by a written legal brief in support of the motion.

The opposing party needs to show by affidavits, written documents or written legal argument in opposition to the Motion that there are "TRIABLE ISSUES OF FACT".

If there are any triable issues of fact the Motion must be denied and the case can proceed to Trial by the "Trier of Fact" the Judge or the Jury I.

Many of the lawsuits that involve Release of Liability Agreements are resolved by a Motion for Summary Judgment. I refer to these as TRIALS BY PAPERWORK.

Generally the Defendant I balloonist ] will ask the Court to determine that there are no material facts in dispute. If the Court decides that there are no material facts in dispute, then the question is: Should the Release of Liability Agreement be enforced as a matter of law ?

If the Court grants the Motion for Summary Judgment the case is over. The Defendant wins.

If the Court denies the Motion for Summary Judgment the case proceeds and the costs of defenses will increase exponentially !

130


TRIAL BY A JURY OF THE VICTIM'S PEERSTRIAL BY A JURY OF THE VICTIM'S PEERSTRIAL BY A JURY OF THE VICTIM'S PEERSTRIAL BY A JURY OF THE VICTIM'S PEERS OrOrOrOr

Don't Leave Home Without a Release AgreementDon't Leave Home Without a Release AgreementDon't Leave Home Without a Release AgreementDon't Leave Home Without a Release Agreement

You've just received a letter from an attorney.

You panic !

A passenger that flew with you almost two years ago is now claiming that she was injured while taking a hot air balloon ride with you and she is still suffering severe pain, she has incurred horrific medical, dental and psychological expenses, surgery is being contemplated, she lost time from her job, she needs vocational retraining, and her husband is claiming a loss of consortium.

You notify your insurance agent — immediately — then arrange a conference with the insurance company's Defense Attorney. Your new attorney asks if you use a Release of Liability Agreement ? You show her your Release and she sends a copy to that other lawyer.

Two weeks later, there's a knock on your door.

The Process Server hands you a Summons and Complaint and announces that: "You've been served". Now, you really panic ! You are the Defendant in a lawsuit seeking $1,465,000.00 for injuries, severe pain and suffering, medical, dental, and psychological expenses, future medical expenses, lost income, rehabilitation training, damages, and loss of consortium, plus court costs. Your Balloon Liability Insurance policy has a limit of $100,000.00 per person per accident. Your home has equity of $316,720.00. So if a victim friendly jury rules against you, your home is gone. The litigation process begins:

Interrogatories to each party; Depositions of: all the parties, witnesses, plaintiffs' health care providers, your medical examiners, and each party's

accident reconstruction expert witnesses; Mutual Production of Documents: accident reports, medical records, employment records, weather reports, NTSB records, FAA records photographs, witness statements, and etc; Extensive legal research; Many conferences and telephone conferences; and, Countless Court Hearings for: Status Conferences, Trial Setting Conferences, Mandatory Settlement Conferences; and court

hearings that are continued for one reason or another.

Now, a year or two later, after someone has advanced the money for all of that legal work, it's time for a Motion for Summary Judgment. [ My policy with IMC has No Limits for Costs of Defense. ]

The process known as a Motion for Summary Judgment resolves many lawsuits that involve a Release of Liability Agreement. [ I refer to this as a Trial by paperwork.]

A Motion for Summary Judgment is based on affidavits, transcripts of depositions, answers to interrogatories, admissions of fact, etc. and a written legal brief.

The opposing party needs to show by affidavits, written declarations, etc. and by its legal brief that there is a "triable issue of material fact". For example: the Plaintiff alleges that her signature on the release was the result of duress by the Defendant balloonist or the crewmembers. This is a "triable issue of fact" which must be decided at Trial by the "Trier of Fact" i.e. the Judge or the Jury.

If the Court rules that there is a "triable issue of material fact" the Motion is denied and the case proceeds to Trial and the costs of defense will increase exponentially.

If the Court finds that there is no "triable issues of material fact" the case will then be decided as a Question of Law:

Should the Release of Liability Agreement be enforced as a matter of law?

For the purpose of a Summary Judgment Motion, the Court is required to assume that the Defendant balloonist was negligent and this negligence caused the Plaintiff's injuries and damages.

If the Defendant's Motion prevails, the case is over. If the Motion is denied, the case settles for really big bucks or it proceeds to Trial.

131


In my case [Amanda v. Gag], the Arizona Trial Court ruled that:

"The Court finds that at the time Plaintiff [ Amanda ] signed the release, she at least read portions of the release which had a large bold-face caption: "Hot Air Balloon Release of Liability{ Although she may have been reading it over her boss's shoulder, she signed the release and the Court concluded it was adequately brought home to her that there are hazards in balloon riding and that she was releasing Defendant [ me ] from any liability based on Defendant's negligence ... IT IS ORDERED granting said motion and judgment is entered in favor of Defendant and against Plaintiff on Plaintiffs complaint."

Defendant's [ my ] Motion was granted and the Plaintiff was ordered to pay $2,786,50 of my Court Costs that totaled $3,849.50.

Because my Release Agreement made this a "contract issue" and the contract did not contain an "Attorney Fee" clause the Court could not order the losing party to pay the prevailing party's attorney fees. My insurance company paid more than $28,000.00 to defend me – without a Trial ! If the case had proceeded to Trial, there would have been:

• Legal fees for trial preparation including: research of the facts and the law, preparation and printing of Trial Briefs and Rebuttal Briefs and court time for more hearings and then the Trial;

• Trial Testimony by the parties: Amanda, Amanda's husband and me;

• Trial Testimony by: Amanda's boss [also a passenger], the propane attendant, the event's weather briefer, other balloonists, Amanda's health care providers, the defense medical examiners, accident reconstruction expert witnesses, and other witnesses;

• Jury fees, Court Reporters' fees and miscellaneous costs.

The Trial Court's decision in my favor was upheld by the Arizona Court of Appeals, Division One; Case No. 1 CA-CV-01-0439; April 16, 2002; Memorandum Decision. The Arizona Supreme Court denied plaintiff's Petition for Review on September 24, 2002. The Court of Appeals' Memorandum Decision ruled that:

I. " Absent any public policy to the contrary, Arizona allows parties to agree in advance that one party shall not be liable to the other for negligence." 2. "However, because such releases could encourage carelessness, we view them with disfavor and construe the language of such a release strictly against the party relying on it." 3. "The language must clearly and unequivocally express the intent of the parties to release one of them from liability for negligence." 1. "The release must place the signer on notice of the specific risks being waived. It need not, however, list every possible cause of an accident to be effective, so long as the signer understand the types of risks included in the release.' 2. "Assuming that Eaton was negligent in his operation of the balloon and in including Amanda in the activities on the balloon, the release expressly absolved him from liability for that negligence." 3. "Here the release related specifically to ballooning and expressly advised that the activity was hazardous and involved the risk of injury or death. Furthermore, Amanda admitted that, at the time she signed the release, she knew that balloons could crash or come down hard and acknowledged that she had considered the hazards and was willing to accept the risks and take the balloon flight. Although she had no actual experience ballooning, the record shows that Amanda was aware of the risks involved and the possibility of injury during landing."

A Release of LiabilitA Release of LiabilitA Release of LiabilitA Release of Liability Agreement y Agreement y Agreement y Agreement that is properly draftedthat is properly draftedthat is properly draftedthat is properly drafted anananand that is properly administered d that is properly administered d that is properly administered d that is properly administered will be enforceable by thewill be enforceable by thewill be enforceable by thewill be enforceable by the

Courts of California and Arizona.Courts of California and Arizona.Courts of California and Arizona.Courts of California and Arizona.

Gary Bruce Eaton Hot Air Balloon Pilot

California Family Law Attorney March 4, 2006

132

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