4.04.060 Waiver of Liability.
   (A)   Airport lessees, tenants, and permittees, authorized to use the airport and its facilities, or to fly to or from the same, shall be at all times conditioned upon the assumption of full responsibility thereof, and lessees, tenants, permittees, and users of the airport acknowledge that the airport is within a flood plain and that the city and the U.S. Army Corps of Engineers (USACOE) are in no way responsible or libel for any flood water damage. It shall be a further condition thereof that each person, as consideration of the use of the airport, shall at all times release, hold harmless and indemnify the Airport Manager, the city and the USACOE and their employees from and against any and all liability, responsibility, loss or damage, resulting to any such person or caused by or on his/her behalf, and incident to the manner in which the airport is operated, constructed or maintained. The use of the airport by any person for any purpose, or the paying of fees thereof or the taking off or landing aircraft therein shall be itself an acknowledgement that such person accepts such privileges on the conditions set forth.
   (B)   Notwithstanding the foregoing, those airport users shall not be required to indemnify the city or USACOE for damages occasioned by the sole negligence or willful misconduct of the city or USACOE or its employees or representatives.