Although the courts in only a few states will recognize a signed acknowledgment of responsibility form for balloon passengers, it is recommended that all pilots have each passenger sign one. This particular form was developed in the ballooning community. It has served a useful role: to demonstrate that a passenger understood and was aware of the personal risks and their responsibilities during the flight and what was involved in a balloon flight before the balloon lifted off, and to thus reduce the viability of unwarranted claims from passengers.
Hand-in-hand with this statement, the pilot must give a standardized passenger briefing covering all material aspects of passenger conduct, responsibilities and risks, whether written or oral. The pilot should document the briefing so as to show this briefing is routinely provided before each flight. The use of the briefing is a necessary procedure to show that passengers were aware of their risks and their responsibilities and obligations to cooperate with safety procedures.
STATEMENT OF PASSENGER RESPONSIBILITY
“I, [name], acknowledge that my participation in a [hot air/gas] balloon flight is a potentially hazardous activity. I understand that during my participation in a [hot air/gas] balloon flight conducted by [pilot or company name], I will be exposed to above-normal risks. I understand, too, that although [pilot or company name] has taken precautions to provide equipment and safety preparations for each flight, it is impossible for [pilot or company name] to guarantee absolute safety. Also, I understand that I share the responsibility for safety in flight and I assume that responsibility.
“I have accepted responsibility to verify with my physician that I have no physical or psychological problems that would prohibit me from participating in a [hot air/gas] balloon flight and I agree to comply with the instructions and directions of [pilot or company name] during the flight.
“[Date] [Passenger’s signature]
Acknowledgment of parent or guardian
“I/We acknowledge that there can be no guarantee of absolute safety against risk and unforeseen accident, as described in this statement, that [passenger’s name] shares the responsibility for safety during the flight of the [hot air/gas] balloon. I/We consent to the participation of [passenger’s name] in a [hot air/gas] balloon flight with [pilot or company name].
[Date] [Parent’s or guardian’s signature]
Other available model statements
Two other examples of statement of responsibility are available by sending a stamped, self addressed envelope to:
Balloon Excelsior
1241 High Street
Oakland, CA 94601
or
The Davies Company
P.O. Box 5700
Avon, CO 81620