START SKYDIVING, LLC SKYDIVING/CLIMBING ACTIVITIES PARTICIPANT AGREEMENT THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
PLEASE ALLOW YOURSELF SUFFICIENT TIME TO CAREFULLY READ AND UNDERSTAND THE ENTIRE DOCUMENT. In consideration of Start Skydiving, LLC allowing me to utilize the facilities and participate in the skydiving/parachuting, aviation, climbing wall, aerial rope course, and related activities (hereinafter referred to as the "activities covered by this Agreement"), I agree that: 1. ASSUMPTION OF RISK. I know and understand the scope, nature, and extent of the risks involved in the activities covered by this Agreement. I understand these risks include, but are not limited to: equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improper and/or negligent parachute packing and/or assembly; improper and/or negligent operation and/or use of the equipment; aircraft malfunction and/or negligent aircraft operation; carelessness and/or negligent instruction and/or supervision. I voluntarily, freely, and expressly choose to incur all risks associated with the activities covered by this Agreement, understanding that those risks may include personal harm and/or injury, damage to and/or loss of property, and/or death. 2. EXEMPTION AND RELEASE FROM LIABILITY. I exempt and release the following persons, corporations, and organizations: Start Skydiving, LLC; all aircraft owners and pilots with whom it contracts for flying services; the United States Parachute Association (USPA); any and all manufacturers, distributors, and dealers of skydive equipment; the City of Middletown; Start Aviation Services; John Hart II; John Hart III & Lisa Hart; Alex Hart; and all of each person's corporations, organizations, officers, agents, servants, employees, contractors, representatives, and lessors (hereinafter collectively referred to as the “Releasees”), from any and all liability, claims, demands, suits, and/or actions or causes of action whatsoever arising out of any harm, damage, loss, and/or injury to me and/or my property, and/or my death, while upon the premises and/or aircraft and/or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees, and/or from any other cause. 3. COVENANT NOT TO SUE. I agree never to institute any suit or action at law or otherwise against any of the Releasees, 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 and/or property, and/or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees, and/or from any other cause. 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 Releasees, nor shall they initiate or assist the prosecution of any claim for damages or 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 and/or property, and/or my death, arising from activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees, and/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 such suit or action at law or otherwise be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover any and all attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom. 4. INDEMNITY AGAINST THIRD PARTY CLAIMS. I agree to indemnify, defend, save, and hold harmless Releasees forever from any and all liabilities, losses, damages, costs, expenses, demands, suits, claims, actions, causes of action, and proceedings of every kind and character, including any and all attorneys’ fees and expenses, which may be presented or initiated by any other persons and/or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees, and/or from any other cause. 5. VALIDITY OF WAIVER. I understand and agree that if I institute, or anyone on my behalf institutes, any suit, action at law, claim for damages, and/or cause of action against any of the Releasees because of any harm, damage, loss, and/or injury to my person and/or my property and/or my death due to the activities covered by this Agreement, this Agreement can and will be used as evidence in court; and that agreements like this one have been upheld in courts in similar circumstances. 6. REPRESENTATIONS AND WARRANTIES. 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 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, and (c) I do/do not wear corrective lenses (specified below). If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump. 7. APPLICABLE LAW, WAIVER OF JURY TRIAL, VENUE, HEADINGS. I agree that the law of the State of Ohio shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Ohio law shall govern any dispute between the parties arising from the activities contemplated by this Agreement. Should this Agreement be violated and suit be brought against any of the Releasees, my right to a jury trial is waived, and Butler County, Ohio shall be the sole venue for any such suit, which shall be tried non-jury. I agree that the headings and subheadings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement. 8. SEVERABILITY. 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. 9. RATES AND IMAGE RIGHTS. I agree to pay the published rates as posted in the office and/or on the website. I grant permission to the Releasees and agree to allow all imagery of my likeness, including photographs and videography footage, shot by any of the Releases with the Releasees’ equipment to be used at will by any of the Releasees at the Releasees' sole discretion. 10. RULES, REQUIREMENTS, REGULATIONS. I agree to follow and adhere to all rules, requirements, and regulations imposed and enforced by Start Skydiving, LLC, the United States Parachute Association (USPA), RCI Adventures, all parachute equipment manufacturers, and the Federal Aviation Administration (FAA). 11. CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, 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 in favor of the Releasees. 12. ACKNOWLEDGEMENT. I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions. I freely, voluntarily, and expressly agree to all of the above by signing this contract on April 24, 2025 at Start Skydiving, LLC of Middletown, Ohio 45042. *Please read each paragraph carefully.*
*Your initial indicates you understand and agree to all of the information and terms contained therein.* ___________________________________________________________________________________ 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.
In consideration of the Uninsured United Parachute Technologies, LLC, doing business as UPT Vector, and Start Skydiving, 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:
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 and/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.
2) Exemption and Release from Liability: I exempt and release the following persons and organizations:
(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 dual- harness, 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, and/or actions and/or causes of action whatsoever arising out of any damage, loss, or injury to me and/or my property, and/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, and/or while I am engaged in related activities (hereafter referred to as activities covered by this Agreement), whether such loss, damage, injury, and/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.
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 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 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.
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.
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 and/or property, and/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.
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; and (c) I do/do not wear corrective lenses (specified below). If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump.
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.
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.
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.
10) Viewing of Videotape: I have viewed and I warrant that I fully understand the accompanying Tandem Vector Waiver video tape.
I freely and voluntarily agree to all of the above by signing this contract on April 24, 2025 at Start Skydiving, LLC of Middletown, Ohio 45042. *Please read each paragraph carefully. Initialing and clicking the "agree" checkboxes indicates you understand and agree to all of the information and terms contained therein. |
