TODAY'S DATE: November 21, 2024 Part 1 of 2 Skydive Central New York, LLC WARNING! I understand that skydiving, parachute jumping, and all of their related activities can be dangerous, and there are risks involved in my participation. I understand and acknowledge that I can be seriously and permanently injured or even killed as a result of my participation in skydiving, parachute jumping, flying and related activities. NO INSURANCE I also understand and acknowledge that I am not covered by any insurance provided by, or on behalf of, any of the released parties, as they are defined in this agreement. By my signature below, I am indicating that I have read and fully understand the above WARNING. November 21, 2024 Skydive Central New York, LLC WAIVER, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE THIS IS A LEGAL DOCUMENT It is recommended and highly encouraged that you seek competent legal counsel before agreeing to, initialing or signing this waiver, release of liability, hold harmless and indemnification agreement and covenant not to sue. My initials or signatures, where indicated, are my acknowledgment of the contents of the paragraph preceding my initials or signature, and by said initials or signature I am indicating that I have read the subject preceding paragraph, and that, subject to the further terms of this Waiver, Release of Liability, Hold Harmless and Indemnification Agreement and Covenant Not to Sue (hereinafter sometimes referred to in this document as the Agreement,) I fully understand, and agree to be bound by, its contents. FAMILIARITY WITH THE ENGLISH LANGUAGE I know how to read, write, and understand the English language, sufficiently to understand this document and to fully appreciate its nature and the consequences of each and every covenant contained in this Agreement and the consequences of my consent thereto. DEFINITIONS As used in this Agreement, the term Skydiving, Parachute Jumping and Related Activities whenever and wherever used in this document, shall be deemed to include, but not to be limited to, all activities in any way related to skydiving, parachuting, parachute packing, parachute use, free-fall, wing suit use, canopy flight, aircraft passenger operations, aircraft flight and ground operations, motor vehicle and watercraft operations and any and all activities occurring on or about any location from which, or to which, skydiving or parachute jumping is taking place, has taken place, is contemplated or is intended to take place, or may, unintentionally, take place, and including but not limited to Skydiving, Parachute Jumping and Related Activities at or in the area at, around and/or above the Whitfords Airport. I agree that it is impossible to contemplate all activities that may be included in the term Skydiving, Parachute Jumping and Related Activities and that this term shall, therefore, be interpreted broadly and inclusively and not be limited to the above-stated activities. I Agree Released Parties As used in this Agreement, the term Released Parties, whenever and wherever used in this document, shall be deemed to include, individually and collectively Skydive Central New York, LLC, Whitfords Airport, LLC, Michael F. Burgess, individually, Jeni L. Burgess, individually, John A. Whitford, individually, Kevin Ewanow, individually, USPA and manufacturers, distributors and dealers of skydiving equipment, the fixed base operators, drop zone owners and operators, owners, lessors and lessees of any airport or land or other facility which may, in any way, be utilized in furtherance of the Skydiving, Parachute Jumping and Related Activities the manufacturers, owners, lessors, lessees, drivers, and pilots of any aircraft, and the manufacturers, owners, lessors, lessees, drivers of any other vehicle. Any and all directors, officers, owners, shareholders, members, volunteers, employees, agents, independent contractors, heirs, representatives, successors and assigns of the aforementioned persons and entities. I further understand and acknowledge that Whitfords Airport acts only as a lessor to Skydive Central New York, LLC, and that there is no other business relationship, nor is there any principal-agent relationship, between it and any of the other Released Parties. I Agree CONSIDERATION For and in consideration of my being permitted by the hereinbefore defined Released Parties to make one or more jumps and to participate in the hereinbefore defined Skydiving, Parachute Jumping and Related Activities, involving one or more of the hereinbefore defined Released Parties, and the use of the associated facilities and equipment, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, I hereby agree to be bound by all of the provisions of this agreement. VOLUNTARY CHOICE I have come to participate in Skydiving, Parachute Jumping and Related Activities of my own free will and not due to any inducement or duress. I understand that prior to being allowed to make a parachute jump in any way involving the Released Parties, or any of them, I must understand and agree to be bound by all of the provisions of this Waiver, Release of Liability, Hold Harmless and Indemnification Agreement and Covenant Not to Sue. I further understand that this is not the only location where I may make a parachute jump, nor are the methods employed by any or all of the Released Parties the only methods available to enable me to make a parachute jump, and that if I do not fully understand and agree to be bound by all of the provisions of this Agreement, then I shall not be permitted to make a parachute jump at this location, but there may be other locations at which I may make a parachute jump. I Agree NATURE OF THE ACTIVITY AND ASSOCIATED RISKS I understand that skydiving, parachute jumping and related activities are dangerous activities which can and sometimes do result in bodily injury or death to participants. I understand that I will be parachuting from an aircraft in flight, which is a dangerous thing to do. I understand that I may be injured or killed, even if I do everything I was trained to do, through my own fault or negligence, or through the fault or negligence of others, or through the failure of a component or components of the parachute systems, which I may from time to time use in Skydiving, Parachute Jumping and Related Activities, to function properly. I further understand that there is not now, nor will there ever be, a perfect parachute system, a perfect airplane, a perfect pilot, a perfect parachute packer, a perfect instructor, or a perfect student, and that each of the foregoing and others involved in the process of enabling me to make a parachute jump can, and likely will, fail to perform as intended. The risks involved include, but are not limited to, partial or complete failure of the parachute system, or any of its components, partial or complete failure of the airplane, and/or of other equipment utilized for Skydiving, Parachute Jumping and Related Activities, hard parachute openings, inadvertent or premature parachute openings, improper parachute packing, falling out of the harness in the air, hard landings, mid-air collisions between participants, mid-air collisions between a participant and an aircraft, mid-air collisions between a participant and another parachute canopy or associated components, collisions between a participant and a person or object on the ground, risks arising because of air to ground or air to air communication failures, wind and/or weather changes, the negligence and/or gross negligence of pilots, instructors, parachute packers, other parachutists, other parachutist students, spectators, rescue personnel, and others in any way involved with my Skydiving, Parachute Jumping and Related Activities, or any of them, or of others who are present at the location where my Skydiving, Parachute Jumping and Related Activities occur, weather related causes, negligent rescue causes, and any and all other causes which may or may not be known at this time but which may become known in the future and which may cause, directly or indirectly, my injury or death. I understand that the aircraft which is used for my Skydiving, Parachute Jumping and Related Activities may be operated under regulations which permit its engines to be operated in excess of the manufacturers recommendations of time between overhauls (TBO) and that the aircrafts engine or engines may, in fact, exceed the manufacturers recommended TBO. Each time, prior to participating in any Skydiving, Parachute Jumping and Related Activities, I will determine the identity of each piece of equipment and its manufacturer that I will use for that participation, and if I have not done so, I will not participate in the Skydiving, Parachute Jumping and Related Activities. Each time I do participate in Skydiving, Parachute Jumping and Related Activities, I agree that it is conclusive proof that I have so determined the identity of each such piece of equipment and its manufacturer and that knowing such identity and the identity of the manufacturer, I agree that the terms of this Agreement are and shall be in full force and effect, with respect to each piece of equipment used for that participation and with respect to each manufacturer thereof. I Agree AWARENESS OF RISKS INVOLVED Do you realize that you can die as a result of your participation in any and all phases of Skydiving, Parachute Jumping and Related Activities? I Agree Do you realize that minor and major injuries can result from your participation in any and all phases of Skydiving, Parachute Jumping and Related Activities? I Agree Are you willing to risk your life while participating in Skydiving, Parachute Jumping and Related Activities, regardless of fault from causes, including, but not limited to, negligence of one or more of the persons involved in these activities? I Agree Are you willing to risk major or minor injury to any or all parts of your body, or death, while participating in Skydiving, Parachute Jumping and Related Activities, regardless of fault, including, but not limited to, negligence and gross negligence of one or more of the persons or entities involved in these activities? I Agree ASSUMPTION OF RISK With full knowledge and understanding of the foregoing, and with full understanding of the potential dangers and possible consequences of my participation in Skydiving, Parachute Jumping and Related Activities, I hereby, of my own free will and without inducements, promises or statements other than those contained in this Agreement, expressly assume all risks of any nature whatsoever for any death, infection, injury or other damages to myself, my property, and the person and the property of others, which may arise out of my involvement in Skydiving, Parachute Jumping and Related Activities, or from my use of the above-mentioned facilities, or equipment, or which may be caused, directly or indirectly, by any persons whomsoever or any cause whatsoever, I know and fully appreciate that skydiving, parachute jumping and related activities expose me to the risk of personal injury, infection and even death. I fully appreciate the dangers, and I voluntarily, expressly, assume these risks. WAIVER OF ALL CLAIMS For and in consideration of my being permitted by the hereinbefore defined Released Parties to make one or more jumps and to participate in the hereinbefore defined Skydiving, Parachute Jumping and Related Activities, involving one or more of the hereinbefore defined Released Parties, and the use of the associated facilities and equipment, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, I, for myself and for my heirs, representatives, assigns, successors, and administrators, hereby expressly release and waive any and all claims for negligence, products liability, strict liability, breach of implied warranties of fitness for use and merchantability, and for any other cause of action whatsoever, (whether in contract or in tort, or otherwise) which I may presently or hereafter have, including, but not limited to any and all claims for negligence, whether passive or active, and including without limitation negligent rescue operations, and products liability, strict liability, breach of implied warranties of fitness for use and merchantability, or incidental or consequential damages, which I may, at any time, have against any or all persons and entities involved in these skydiving, parachute jumping and related activities including, but not limited to the hereinbefore defined released parties. I do this with full understanding that no one can guarantee that the equipment utilized in the skydiving, parachute jumping and related activities will not fail, or that it will perform as intended. I Agree COVENANT NOT TO SUE I agree never to institute any suit or action at law or otherwise against any of the Released Parties, or to assist in the prosecution of any claim for damages or any cause of action which I may have by reason of injury to my person or any property, or my death, arising from the activities covered by this Agreement, including but not limited to Skydiving, Parachute Jumping and Related Activities, whether caused by the negligence and/or fault, either active or passive, of any of the Released Parties, or from any other cause. I further expressly agree that I will never raise any claim against any of the Released Parties for product liability, failure to warn, negligence, breach of warranty, breach of contract, or strict liability, regardless of whether my claims for damages or injuries are alleged to result from the fault or negligence of the Released Parties, or any of them. I further agree that my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Released Parties, nor shall they initiate or assist in the prosecution of any claim for damages or cause of action which I, my heirs, executors, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or any property, or my death, arising from Skydiving, Parachute Jumping and Related Activities, whether caused by the negligence and/or fault, either active or passive, of any of the Released Parties, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, that should any suit or action at law or otherwise be instituted in violation of this Agreement against any of the Released Parties, I agree that the Released Parties shall be entitled to recover, in addition to any other damages that may be incurred, reasonable attorneys fees and costs incurred in defense of such suit or action, including any appeals therefrom. I Agree LIMITATION AND DISCLAIMER OF WARRANTIES The Released Parties hereby warrant that to the best of their knowledge and belief, the equipment provided by the Released Parties, and any of them, meet and/or comply with applicable Federal Aviation Administration (FAA) regulations and standards for skydiving, parachute jumping and related activities. This warranty is the only warranty made and is made in lieu of any other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose, which released parties specifically disclaim. In accepting this limitation and disclaimer of warranty, I specifically waive any claim or claims I might otherwise have or make for defect in design, manufacture, workmanship, maintenance or any other defect in equipment, and I waive any claim I might otherwise have or make that an alternate design was available and would have been safer or in any way better, or that the design employed failed to comply with industry standards, or of failure to warn or inadequate warning.I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. EQUIPMENT ADJUSTMENT I understand that I will be wearing a separate harness, which may need to be adjusted by the jumpmaster or others involved with my Skydiving, Parachute Jumping and Related Activities. If my jump is a tandem jump, I understand that the jumpmaster and/or tandem master will attach my harness to his/her harness and that this will put my body in close proximity to that of the tandem master. It may be necessary during my Skydiving, Parachute Jumping and Related Activities, that I be touched in ways that would, in other circumstances, be deemed offensive, however, I specifically agree to this physical contact between me and the instructor, and/or coach and/or others involved in my Skydiving, Parachute Jumping and Related Activities. I Agree INDEPENDENT CONTRACTOR By signing this document, I acknowledge that I have been advised, understand and accept that instructors, coaches, parachute packers, photographers and pilots are independent contractors. As independent contractors, no other entity, including but not limited to those coming under the heading of Released Parties may be held responsible for that independent contractors actions, including but not limited to gross negligence, ordinary negligence and willful and/or wanton misconduct. WILLFUL AND/OR WANTON CONDUCT OR MISCONDUCT In the event any agent or claimed agent or independent contractor of the Released Parties is guilty of willful and/or wanton conduct or misconduct, reckless conduct, or any conduct claimed to be or deemed to be outside the scope of this contract, by action or law or for any reason, I agree that the entities or persons action shall be beyond the scope of his/her/its employment and shall not be attributable to the Released Parties, or any other entity on any agency theory, or on any other theory. This shall also apply to any acts which are alleged to be, or are deemed to be, willful and/or wanton or reckless on the part of any agent, employee, or any person or entity acting, or claimed to be acting, on behalf of, or instead of, any entity included in the definition of Released Parties. I Agree INDEMNIFICATION I hereby agree to indemnify, defend, protect, save and hold harmless the Released Parties, and each of them, from any and all losses claims, actions or proceedings of every kind and character whatsoever by any and all third parties, and/or their property, whether arising in contract or in tort, or otherwise, including but not limited to claims for compensation, incidental, consequential, punitive, and other damages, damages for wrongful death, products liability or negligence or gross negligence, whether passive or active, and including but not limited to negligent rescue, and for attorneys fees, any or all of which may arise directly or indirectly as a result of my breach of any of the covenants of this Agreement, or which may result from the negligence, gross negligence, and/or fault, either active or passive, of any of the organizations and/or persons hereinabove described as Released Parties, including without limitation from negligent rescue operations, or from my own negligence, gross negligence and/or fault, either active or passive. I also hereby agree to indemnify, defend, protect, save and hold harmless the Released Parties, and each of them from any and all claims for damages, fines, demands, and attorneys fees and other damages and/or compensation, which may be made by third parties against any of the Released Parties, resulting from my Skydiving, Parachute Jumping and Related Activities. ADEQUATE PROVISIONS FOR SURVIVORS I certify that considering my lifestyle, the ultra hazardous nature of the Skydiving, Parachute Jumping and Related Activities in which I am about to engage, and the manner in which I am supporting my dependents, if any, I have made adequate provisions for my spouse, if any, my heirs, if any, and all other persons dependent upon me so that in the event of my death or injury they will suffer no financial loss for which I have not made adequate provisions. I Agree VALIDITY/ENFORCEMENT IN WHOLE AND IN PART I understand and agree that this document is a legally binding contract. I further agree that should any Court determine that any clause or provision of this contract is illegal or otherwise unenforceable, such determination shall not affect the validity and enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. I further agree that if any portions of this document are found to be against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any public policy argument that I may make, or that may be made on behalf of myself, my estate or by anyone or any entity who or which could or does sue because of my INJURY OR DEATH. NO INSURANCE COVERAGE I understand that THE RELEASED PARTIES CARRY NO INSURANCE OF ANY KIND TO COVER ANY LOSS I MAY SUSTAIN. This means that they carry no medical insurance, no property insurance, no wage loss insurance, or any other insurance to cover any loss I may sustain, nor do any of the Released Parties employ a doctor to give medical advice to determine whether or not a past or current injury or condition should prohibit or affect my participation in Skydiving, Parachute Jumping and Related Activities. I understand and agree that I must seek independent medical advice regarding any questions regarding my physical and mental ability to participate in skydiving, parachute jumping and related activities. I further agree for myself and for my heirs, assigns, representatives, successors and administrators that neither I nor any of my heirs, assigns, representatives, successors or administrators will seek reimbursement or indemnification from any released party or released parties or any of them, for any insurance payments of any kind, or for reimbursement for any expenses, including but not limited to medical expenses and funeral and burial expenses, which may be incurred by me in connection with my skydiving, parachute jumping and related activities. I Agree CHANGE IN MEDICAL/HEALTH CONDITION I hereby agree to inform the Released Parties, and each of them, in writing, of any changes in my medical condition status, including but not limited to, any requirement for me to take any drug, prescription or otherwise, or to seek the advice of any medical doctor, chiropractor, or any other health care professional, and I shall not participate further in Skydiving, Parachute Jumping and Related Activities until all of said medical doctors, chiropractors, and other health care professionals have expressly, in writing, determined that I may again participate in said Skydiving, Parachute Jumping and Related Activities. NON-USE OF ALCOHOL, CONTROLLED SUBSTANCES AND OTHER DRUGS I hereby state and affirm that I will not use, and have not used, alcohol, controlled substances, or other drugs, prescription or otherwise, within 12 hours prior to or during my skydiving, parachute jumping and related activities. I Agree PHOTO/VIDEO RELEASE I understand and agree that any photos and/or video taken of me at, around and/or above the facilities of Skydive Central New York, LLC, and/or by the Released Parties, or any of them, or by any of their agents or representatives, may be used for promotional and any and all other purposes by Skydive Central New York, LLC as it may see fit to do, without compensation to me, or to anyone claiming on my behalf, and without my further permission I further hereby agree that any copyright for any such photos and/or video taken of me shall lie with Skydive Central New York, LLC, or their assignees, and that none of such photos and/or video shall be considered to be a work for hire. I also consent to the use of my name in conjunction with any use of any such photo or video, without compensation to me, or to anyone claiming on my behalf. Any photos or videos taken of me are the property of Skydive Central New York, LLC. and are for my non-commerical use only. I agree to get written permission to use photos or videos from Skydive Central New York, LLC. if I would like to use them for commerical purposes. RELEASE AND WAIVER INTERPRETATION I understand and agree that this Agreement Applies to all phases of my involvement in Skydiving, Parachute Jumping and Related Activities, and I agree that this document shall be broadly construed in favor of any and all of the released parties and against me and that any and all ambiguities shall be resolved in favor of any and all of the Released Parties referred to in this agreement. I am, by reading this paragraph, being made aware that the general rule is that this type of document is to be narrowly construed and ambiguities are to be decided against the person or entity preparing the document. I expressly waive that rule. I Agree LEGAL AGE TO CONTRACT I hereby state that I am of lawful age to enter into this contract (18 YEARS OF AGE OR OLDER) and am legally competent to execute this Agreement and I further understand that the terms contained herein are contractual in nature, and are not mere recitals. I have executed this Agreement of my own free will. CONTINUATION OF OBLIGATIONS I hereby agree and acknowledge that all of the terms and conditions of this Agreement and Waiver shall continue in full force and effect now and in the future at all times during which I participate either directly or indirectly in Skydiving, Parachute Jumping and Related Activities and shall be binding upon my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. I Agree WAIVER OF JURY TRIAL AND CONSENT TO CHOICE OF LAW AND VENUE The procedural and substantive law of the State of New York shall apply to any and all issues involving the construction, interpretation and validity of this Agreement, and New York procedural and substantive law shall govern any dispute between the parties hereto arising from the activities covered by this Agreement. All provisions of this Agreement to the contrary notwithstanding, if suit is brought against any of the Released Parties. I hereby expressly waive my right to a jury trial and agree that the State courts of Cayuga County, New York shall be the sole venue for any suit or action arising from the activities covered by this Agreement. NO MODIFICATION OF AGREEMENT This Agreement shall not be amended, modified, or altered without the express, written, consent of all of the parties hereto. I Agree MERGER OF ANY OTHER PRIOR AGREEMENT This Agreement contains the entire agreement of the parties hereto with respect to the subject matter herein addressed, and all prior understandings and agreements, whether written or oral, between the parties hereto relating to the subject matter of this Agreement are merged in this Agreement or superseded hereby; provided further, however, that if I have executed, or in the future execute any other agreement or agreements containing provisions relating to the exemption and/or release from liability and/or covenant not to sue in connection with the Skydiving, Parachute Jumping and Related Activities, I agree that the agreement which provides the most protection from liability and/or suit to the Released Parties, and any and each of them, shall be deemed to be controlling. TITLES AND SUBTITLES Titles of the sections are placed herein for convenient reference only and shall not to any extent have the effect of modifying, amending, or changing the expressed terms and provisions of this Agreement. I Agree CONTAGIOUS ILLNESSES AND COVID-19. I hereby certify that I do not currently have or suspect that I may have a contagious illness that is communicable through ordinary social or physical contact. I further certify that I do not currently have Covid-19, suspect that I have Covid-19, have symptoms consistent with Covid-19, or within the last two weeks have been in contact with someone infected with Covid-19 (except as a health care professional with proper personal protective equipment). I agree that, should any of the foregoing be true on a date I am scheduled or intend to be present at a Skydive Central New York facility I will notify Skydive Central New York by calling 315-535-7777 and will not come to the facility unless I am approved to do so. I Agree REFUND POLICY I fully understand and agree that all skydiving services including video and picture services are considered services rendered and are non-refundable even if I change my mind. In the event the cameras fail Skydive Central New York at its option will refund the cost of the Video and/or Pictures only. A re-jump will not be given. In the event of cancelation due to weather or mechanical issues I fully agree and understand that I will be issued a rain check or gift certificate that will be valid for one year. I also agree that due to the weight and balance of the aircraft, instructor availability and other students I may not be able to jump with my friends and in the event that this does happen there are no refunds. I Agree Drop Zone Rules - No consumption of alcohol is allowed anywhere on the airport until after the last load of the day has landed.
- No smoking anywhere on airport property.
- Keep off of all taxiways, the aircraft ramp and the parachute landing area. Stay near the building.
- Please remind your spectator friends that propellers rip off heads and planes do not stop as easily as cars.
- Stay away from all planes unless you are being escorted by our staff
- Nice children are welcome but please keep in mind that skydiving is an adult activity and the airport is a dangerous place for children; therefore, children under the age of 15 must be under the direct, constant supervision of an adult at all times. Given the adult nature of this activity it is recommended that children under the age of 12 are kept at home. It is very important that students are not distracted during their lessons. If your child needs attention please remove them from the building so that they do not disturb the students and staff.
- Skydiving IS NOT a carnival ride. To reduce the risk of injury or worse you must listen to and follow all directions.
- If you are a Tandem Student never grab at anything.
- If you have any questions please do not hesitate to ask your instructor.
- Please remind your spectator friends of these rules as well.
I Agree I am further aware that I should seek competent legal counsel prior to signing this document, and by my signature below, in addition to agreeing to all of the terms, conditions and covenants contained in this document, I have either consulted competent legal counsel prior to signing this document, or I have voluntarily chosen not to do so. I HAVE CAREFULLY READ THIS ENTIRE WAIVER, RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE ("AGREEMENT"), FULLY UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS CONTENTS. I FULLY UNDERSTAND THE POTENTIAL AND THE REAL DANGERS INCIDENTAL TO ENGAGING IN SKYDIVING, PARACHUTE JUMPING AND RELATED ACTIVITIES. I AM AWARE THAT BY SIGNING THIS DOCUMENT, I AM ENTERING INTO A BINDING CONTRACT, AND I AM THEREBY GIVING UP IMPORTANT LEGAL RIGHTS, AND IT IS MY INTENTION TO DO SO. I UNDERSTAND THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY AND/OR OTHER DAMAGES FROM THE RELEASED PARTIES, AND ANY OF THEM, AND/OR FROM OTHER INDIVIDUALS AND ENTITIES, WHETHER SPECIFICALLY NAMED OR NOT. I Agree November 21, 2024 Part 2 of 2 Uninsured United Parachute Technologies,LLC
TANDEM PARACHUTE JUMPER AGREEMENT This is an important legal document. Allow yourself sufficient time to carefully read and understand the entire document, because by signing it, you are agreeing to give up certain legal rights. I Agree In consideration of the Uninsured United Parachute Technologies, LLC, doing business as UPT Vector, and , Skydive Central New York LLC, hereinafter referred to as Corporation, allowing me the privilege of utilizing a dual-harness, dual container parachute pack assembly (also known as a tandem parachute system), designed, manufactured and/or assembled by the Uninsured United Parachute Technologies, LLC, d/b/a UPT Vector, for the purpose of performing an intentional parachute jump, I agree that: I Agree 1) Representations, Warranties, & Assumptions of Risk: I understand that parachute jumping will expose me to the risk of personal injury, property damage and/or death. I understand that the success of my jump is dependent upon the perfect functioning of the airplane from which I intend to jump and the parachute system, and that neither the airplane nor the parachute system can be guaranteed to function perfectly. I understand that the airplane and the parachute system are both subject to mechanical malfunctions as well as operator error. I freely, voluntarily and expressly choose to assume all risks inherent in parachute jumping, including, but not limited to, risks of equipment malfunction and/or failure to function, including those which may result from some defect in design, assembly, and/or manufacture as well as those risks arising from improper an/or negligent operation and/ or use of the equipment, for and in consideration of the thrill of participation in this activity, understanding full well that those risks may include personal injury, property damage, and/or death. I Agree 2) Exemption and Release from Liability: I exempt and release the following persons and organizations: I Agree (A) The Corporations and their officers, directors, agents, servants, employees, shareholders, and other representatives; I Agree (B) Manufacturers, designers, and suppliers of component equipment incorporated in the dual-harness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump; I Agree (C) Owners, suppliers, and operators of aircraft from which I am to make my intentional parachute jump; I Agree (D)The owner of the dual-harness, dual-container parachute pack assembly, and any of its components, to which I will be attached during my intentional parachute jump; I Agree (E) The operator (parachutist in command) of the dualharness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump; I Agree (F) If I am making my intentional parachute jump at or near a parachuting/skydiving facility, the owners and operators of that facility, as well as their officers, directors, agents, servants, employees, shareholders, and other representatives; I Agree (G) The owners and lessees, if any, of land upon and from which the parachute jumping and related aircraft operations are conducted; and I Agree (H) The Toll-Free Skydiving Network, Inc., Uninsured (800) Skydive Leasing Corp., Uninsured (888) Skydive Leasing Corp., Uninsured (877) Skydive Leasing Corp., 1-800 FREEFALL, and any and all other skydiving referral service business entities, and/or owners of fictitious name entities which I may have used in locating and/or deciding upon a parachuting/skydiving facility or other location at which to perform an intentional parachute jump. I Agree (I) Any other person and/or organization which is or may be liable for any loss or injury to me and or my property, or my death, arising out of my participation in any of the activities covered by this Agreement (as defined below); I Agree From any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, whether occurring while I am training and/or preparing for my intentional parachute jump, while I am present in aircraft from which the jump is to be made, while I am making my intentional parachute jump, or while I am engaged in related activities (hereafter referred to as activities covered by this Agreement), whether such loss, damage, injury, or death results from the negligence and/or other fault, either active or passive of any of the persons and/or organizations described in paragraphs 2(A)-(I) above, or from any other cause. I Agree 3) Covenant Not to Sue: I agree never to institute any suit or action at law or otherwise against any of the organizations and/ or persons described in paragraph 2(A) through (I) above, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or fault, either active or passive, of any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause. I further expressly agree that I will never raise any claim against any of the organizations and/or persons described in paragraph 2(A) through (I) above for product liability, failure to warn, negligence, breach of warranty, breach of contract, or strict liability, regardless of whether my claims for damages or injuries are alleged to result from the fault or negligence of the parties released. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the organizations and/or persons described in paragraph 2(A) through (I) above, nor shall they initiate or assist the prosecution of any claim for damages of cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death arises from the activities covered by this Agreement, whether caused by the negligence an/or fault, either active or passive, of any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause, I hereby so instruct my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. Should any suit or action at law or otherwise be instituted in violation of this Agreement against any of the organizations and/or persons described in paragraph 2(A) through (I) above, I agree that such organizations and/or persons shall be entitled to recover, in addition to any other damages which may be incurred, reasonable attorneys fees and costs incurred in defense of such suit or action, including any appeals therefrom. I Agree 4) Indemnity Against Claims: I will indemnify, defend, save and hold harmless the organizations and/or persons described in paragraph 2(A) through (I) above from any and all losses, claims, actions or proceedings of every kind and character, including attorneys fees and expenses, which may be presented or initiated by any persons and/or organizations and which arise directly or indirectly from my participation in the activities covered by the Agreement, whether resulting from the negligence and/or other fault, either active or passive, or any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause. I Agree 5) Validity of Waiver: I understand that if I institute or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the organizations and/or persons described in paragraph 2(A) through (I) above because of injury to my person or property, or my death, due to the activities covered by this Agreement, this Agreement can and will be used in court, and that such agreements have been upheld in courts in similar circumstances. I Agree 6) Representations and Warranties as to Medical Condition: I represent and warrant that (a) I have no physical infirmity, except those listed below, am not under treatment for any other physical infirmity or chronic ailment or injury of any nature, and have never been treated for any other of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorder, kidney or related diseases, high or low blood pressure; (b) I am not under any medication of any kind at the present time. If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump. I Agree 7) Waiver of Jury Trial/Applicable Law/Venue/Headings: I agree that the law of the State of Florida shall apply to issues involving the construction, interpretation, and validity of this Agreement, and that Florida law shall govern any dispute between the parties arising from the activities covered by this Agreement. In the event this Agreement is violated and suit is brought against any of the organizations and/or persons described in paragraph 2(A) through (I) above, I waive my right to a jury trial, and agree that Volusia County, Florida shall be the sole venue for any suit or action arising from the activities covered by this Agreement. I agree that the headings and sub-headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement. I Agree 8) Severability/Multiple Waivers: I agree that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me. If I have executed any other agreement containing provisions relating to the exemption and/or release from liability and/or covenant not to sue in connection with the activities covered by this Agreement, I agree that the agreement which provides the most protection from liability and/or suit to the Uninsured United Parachute Technologies, LLC, d/b/a UPT Vector shall be enforceable against me by the Uninsured United Parachute Technologies, LLC,. d/b/a UPT Vector. I Agree 9) Continuation of Obligations: I agree and acknowledge that the terms and conditions of this Agreement shall continue in force and effect now and in the future at all times during which I participate in the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. This Agreement supersedes and replaces any prior such agreement I have signed. I Agree 10) Viewing of Videotape: I have viewed and I warrant that I fully understand the accompanying Tandem Vector Waiver video tape I Agree I freely and voluntarily agree to all of the above by signing this contract on:November 21, 2024 at Skydive Central New York LLC. *Please read each paragraph carefully. Your signature indicates you understand and agree to all of the information and terms contained therein. November 21, 2024
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