1.1. Introductory Remarks UPRT Australia delivers instruction on upset prevention and recovery.
In advertising and marketing campaigns UPRT Australia publishes media on web platforms including Facebook and Instagram. Some of this media depicts aircraft performing expert and complex manoeuvres. This policy guides UPRT Australia, including appropriate disclaimers, when publishing such media and when giving instruction generally. The use of disclaimers seeks to, as far as possible, deter claims against UPRT Australia, and protect UPRT Australia from legal responsibility should a person cause injury, property damage or a breach of the law upon conducting or attempting to conduct a flight manoeuvre at some time after:
a) viewing UPRT Australia’s footage published in media; or U-P-002 1.0 2
b) engaging in UPRT Australia’s training services. An effective disclaimer means a person would face an obstacle to a successful civil action against UPRT Australia, even if the person claims he or she was inspired to perform the manoeuvre as a result of UPRT Australia’s media or training.
1.2. Governance UPRT Australia’s Chief Executive Officer (CEO) is responsible for ultimately ensuring this policy is reviewed and implemented accordingly. The CEO may delegate the performance of this responsibility. This policy should be reviewed once annually and updated as need be, with reviews and updates noted in the document’s revision log.
2. DISCLAIMERS IN MEDIA
This footage displays complex aerial manoeuvres for the purposes of education which should not be attempted even by qualified pilots without appropriate specialist training, certification and suitable flight conditions. Overlaid on footage or images depicting complex or dangerous manoeuvres,
All videos posted by UPRT Australia are Professionally performed aerial activities - do not attempt.
3. DISCLAIMERS IN AGREEMENTS
3.1. Trainee Engagement Contract In the engagement contract (or the standard terms) between the trainee and UPRT Australia, the following clause applies to all students.
3 To the extent of the law, the [Participant] will indemnify and hold harmless [UPRT Australia] and its respective affiliates, officers, agents, employees and permitted successors against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees and costs of any kind or amount whatsoever which result from or arise out of any engagement or attempted engagement of the performances presented during the [Flight Training] or presented in media.
3.2. The [Participant] accepts full legal responsibility for any damage, harm, loss of life or breach of the law caused by the [Participant] engaging or attempting any manoeuvres or performances mirroring or inspired by those presented during the [Flight Training].
4. DISCLAIMERS IN TRAINING SESSIONS AND HAND-OUT MATERIALS UPRT Australia’s training sessions UPRT Australia provides information and training for upset prevention and recovery. To the fullest extent of the law, UPRT Australia does not assume any liability for death, injury, property damage, legal breach or other loss suffered by you during or after you receive the information and training. The instructors or administrators of UPRT Australia should verbally inform the trainees of this disclaimer, such as during the first session and prior to any practical demonstrations or exercises.
