Legal Question in Real Estate Law in New York
free use of land by a friend
A friend has agreed to allow me to use a piece of his land as a takeoff, and landing site for my powered parachute. The only thing he asks, is something written ,that would hold him, and his heirs harmless, in case of injury or death to me, or anyone else that might be flying with me, or be involved in my flying activites. In other words he doesn't want to be sued by me, my wife, or my children, or any of my heirs! My friend is not asking for any compensation from me for the use of his land.
I just want a simple, easy to understand form to give him.
1 Answer from Attorneys
Re: free use of land by a friend
You would need to sign an agreement that says, to the effect, "In consideration for use of land for takeoff and landing of my powered parachute, I hereby release the owner of the property (and his heirs) harmless from any and all damages that are caused as a result of his or her negligence."
As an aside, if the friend does charge the agreement would be non-binding pursuant to NY GOL 5-326 which states,
Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any ... place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.
Mike.
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