AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK.

READ EVERY SINGLE WORD ON EVERY SINGLE PAGE BEFORE YOU SIGN. YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

I understand and acknowledge that if I proceed to sign the waiver electronically, that under the Electronic Transaction Acts (5 ILCS 175, 5 USC 96) such electronically signed Waiver and Release of Liability shall be valid and enforced in the same manner as a hand-signed document that exists in physical form and that a record or signature may not be denied legal effect or enforceability under law because it is in electronic form. The participant must complete and sign their own waiver. I agree that no one will sign this document for me.

IN CONSIDERATION of being permitted to utilize the facilities and equipment of SKYDIVE CHICAGO, INC., and its associated entities and facilities to engage in parachute activities, ground instruction, flying and related activities, skydiving, free-fall and/or tandem jumping (hereinafter collectively referred to as “Skydiving Activities”) as defined in this contract, I HEREBY UNDERSTAND AND AGREE:

1.        I am not required to make a skydive, but if I desire to do so, I am not required to jump at SKYDIVE CHICAGO, INC. I understand there are other skydiving facilities within a 150-mile radius of the City of Chicago.

2.        I further understand I may take this document to my personal attorney for review. I elect not to do so. 

3.        I understand and agree that this document contains all of the terms of my Agreement, Release of Liability and Assumption of Risk. I understand and agree that this document supersedes any oral representations made either before or after the signing of this document. I agree that I have not relied on any oral representations made prior to my signing of this document. I will not rely on any oral representations made after I signed this document. 

4.        PARTIES INCLUDED: I understand and agree that this Agreement, Release of Liability and Assumption of Risk includes but is not limited to SKYDIVE CHICAGO, INC., and any of its officers, board members, directors, shareholders, its or their agents, customers, associated entities, employees, volunteers, pilots, United States Parachute Association Accelerated Freefall instructors, videographers, coaches, load organizers, independent contractors, the owners of the aircraft (which shall also include but not be limited to helicopters and balloons), the owners of any land utilized for Skydiving Activities, adjacent property owners, the United States Parachute Association and its members, anyone working with or for SKYDIVE CHICAGO, INC., including any manufacturer of, owner or entity charged with the maintenance of any piece of equipment which I may use or am using or is in any way, shape or form being used in connection with my Skydiving Activities at the time of my INJURY or DEATH and anyone involved in any way, shape, form or manner in my Skydiving Activities specifically including but not limited experimental test parachute jumping to include tandem parachute jumping, including the person or entity who pays for my jump, hereinafter collectively referred to in this Agreement, Release of Liability and Assumption of Risk as SKYDIVE. 

5.        This entire Agreement, Release of Liability and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of this document by name or by category, all vendors, manufacturers, suppliers or owners of materials or equipment used for Skydiving Activities, including but not limited to the manufacturers of the equipment, its employees, board members, directors, independent contractors, officers and shareholders, and all associated entities, its employees, board members, directors, independent contractors, officers and shareholders and all other persons or entities in any way, shape or form associated with any entity mentioned, either specifically, by category or by implication, in the body of this document whom are referred to herein as SKYDIVE. 

6.        I understand and agree that this document is a legally binding contract between SKYDIVE and myself. I certify that I am of legal age and under no legal disability that would prevent me from entering into a binding contract.

7.        By signing this document, I acknowledge that I have been advised, understand, and accept that tandem instructors, videographers, parachute packers, load organizers, coaches, United States Parachute Association Advanced Free-fall Program instructors, those charged with the maintenance of the parachutes and parachute equipment are independent contractors. As independent contractors, no other entity, including but not limited to those coming under the heading of SKYDIVE can be held responsible for that independent contractor’s actions, including but not limited to gross negligence, ordinary negligence and willful and/or wanton misconduct.

8.        Skydive Chicago, Inc. does not own the aircraft nor parachutes. I specifically acknowledge that the owner of the aircraft and parachutes are separate entities and are included in the definition of Released Parties herein referred to as SKYDIVE and specifically agree that the owners of the aircraft and the parachutes have the maximum protection afforded any other entity mentioned by name or category in this document for any INJURY or my DEATH even if caused by the negligence or other fault of those entities. I further agree that this paragraph in no way limits any other paragraph of this Agreement, Release of Liability and Assumption of Risk and acknowledge and agree that this paragraph expands the protection granted to all parties whether mentioned by name, category, implication or otherwise.  

9.        Skydive Chicago, Inc. does not own the land used for Skydiving Activities. I acknowledge that the owner of the land is included in the definition of Released Parties herein referred to as Skydive and specifically agree that the owners of the land have the maximum protection afforded any other entity mentioned by name or category in this document for any INJURY or my DEATH even if caused by the negligence or fault of that entity. The land used for parachuting activities by Skydive Chicago Inc. in Ottawa, Illinois is open to the public for recreational purposes as defined by Illinois Statute and as such the owner of the land is immune from lawsuits for negligence or other fault to the extent provided for by Illinois Statute.

10.      RISKS CONTEMPLATED: This Agreement is made in contemplation of all Skydiving Activities, which for purposes of this agreement shall include but not be limited to all occurrences contemplated or not contemplated, foreseen or unforeseen, likely or unlikely to occur, including but not limited to instruction, parachute jumping, tandem or experimental test parachute jumping, ground instruction, flying and related activities, the exit from the aircraft, skydiving, free-fall, canopy opening, time under the canopy, the landing, including but not limited to crash landings, either under canopy or not, inside or outside the aircraft, equipment malfunctions of any kind, parachute packing and parachute assembly, any rescue operations or attempts by SKYDIVE, whether on or off the designated landing area or any facilities used by SKYDIVE, ground transportation provided to me by any entity in any way associated with SKYDIVE and any activity whatsoever in any way, shape, form or manner connected with my Skydiving Activities or my presence on or near the facility and grounds of SKYDIVE, or any location which is used for my Skydiving Activities. I further agree that this includes but is not limited to all recreational activities which I may engage in including but not limited to horseback riding, swimming, canoeing, zip lining, or any other recreational activities whatsoever, or any organized activities, which are in any way associated with SKYDIVE. This includes any activity which may or does or be claimed to cause or contribute to any INJURY or my DEATH, even if caused directly or indirectly by negligence or other fault which terms shall include but not be limited to gross negligence and ordinary negligence on the part of SKYDIVE.  These risks shall be in included in the definition of Skydiving Activities for the purposes of this agreement.

11.    Skydiving Activities for purposes of this Agreement shall include infectious diseases to include but not be limited to Coronavirus (Covid-19). I understand and agree that SKYDIVE has in good faith taken reasonable precautions to limit my exposure to infectious diseases; however, skydiving is a close contact sport and as such I am assuming the risk of coming into contact with someone that may have been exposed to an infectious disease. I agree infectious diseases are a risk contemplated under Paragraph 10. I further agree to release SKYDIVE from all liability for claims of exposure to infectious diseases, in accordance with Paragraph 15 of this Agreement. I further agree to indemnify, and hold SKYDIVE harmless from all claims of exposure to infectious diseases, in accordance with Paragraph 17 of this Agreement. 

12.      NEGLIGENCE: The term negligence as used anywhere in the body of this document shall include, but not be limited to gross negligence, ordinary negligence and/or willful, wanton, or reckless conduct.  

13.      I understand and agree that Skydiving Activities are inherently dangerous and may result in INJURY or DEATH and agree that the unforeseen may happen and no one can delineate all risks or possibilities of error. Therefore, I specifically include in this Release, any INJURY or my DEATH resulting from any occurrence, whether foreseen or unforeseen, whether contemplated or not contemplated which in any way shape or form is in any way connected with my Skydiving Activities and/or presence on the premises used for my skydiving activities or any other place or entity connected with SKYDIVE even if caused by the negligence or other fault of SKYDIVE. 

14.      PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability and Assumption of Risk be binding not only on myself, but on anyone or any entity, including but not limited to my estate and my heirs and any one or any entity that may be able to or does sue because of my INJURY or DEATH. It is further my understanding and agreement that this Release is intended to and does in fact release SKYDIVE from any and all claims or obligations whatsoever, foreseen or unforeseen, contemplated or not contemplated, arising in any way from my participation in Skydiving Activities, even if caused by the negligence or other fault of SKYDIVE. 

15.      RELEASE OF LIABILITY: I hereby release, and discharge SKYDIVE from any and all liability, claims, demands, or causes of action that I or any person or entity may have for any INJURY or my DEATH or other damages arising out of my participation in Skydiving Activities even if caused by negligence or other fault of SKYDIVE.

16.      COVENANT NOT TO SUE: In exchange for good and valuable consideration, the sufficiency of which is acknowledged, I further agree that I, my estate or anyone or any entity acting on my behalf or on behalf of my estate will not sue or make claim against SKYDIVE for damages or other losses, including any INJURY or my DEATH, sustained as a result of my Skydiving Activities even if caused by negligence or other fault of SKYDIVE.  

17.      INDEMNIFICATION AND HOLD HARMLESS: I also agree to indemnify and hold SKYDIVE harmless from all claims, judgments and costs, including but not limited to reasonable attorney's fees, and to reimburse SKYDIVE for any expenses whatsoever incurred in connection with any action or lawsuit brought as a result of my participation in Skydiving Activities including but not limited to actions brought by myself or on behalf of myself or my estate, including but not limited to repayment to SKYDIVE of any judgments obtained against or collected from SKYDIVE, even if SKYDIVE is claimed or found to be negligent or otherwise at fault.  

18.      ASSUMPTION OF RISK: I understand and acknowledge that Skydiving Activities are inherently dangerous and I expressly and voluntarily assume all risk of death or personal injury sustained while participating in Skydiving Activities whether such risk is foreseen or unforeseen, contemplated or not contemplated, and whether or not caused by the negligence or other fault of SKYDIVE including but not limited to equipment malfunction from whatever cause, parachute packing, parachute assembly, inadequate training, any deficiencies in the landing area, rescue attempts, the weather (including but not limited to wind conditions), bad landings, rescue attempts, or any other cause whatsoever, including but not limited to those set forth in other paragraphs of this document, even if those INJURIES or my DEATH are caused by the negligence or any fault of SKYDIVE. 

19.      I hereby agree to waive and do waive any and all duty of care, whether by omission or commission, or any other duty, which may be owed or claimed to be owed to me by SKYDIVE.  

20.      LIMITATION OF WARRANTY: SKYDIVE hereby warrants that the equipment provided by SKYDIVE has been previously used for Skydiving 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. In accepting this limitation of warranty, I specifically waive any claim I may make for defect in design, manufacture, workmanship, or any other defect in equipment and waive any claim I may have that an alternate design was available that would have been safer or in any way better, or that the design employed failed to comply with industry standards.

21.      In the event any agent of or claimed agent, independent contractor, or employee of SKYDIVE is guilty of willful and/or wanton conduct or misconduct, or any conduct claimed to be or deemed to be outside the scope of this Agreement, by action of law or for any other reason, I agree that the agent of or claimed agent, independent contractor and/or employees actions shall be beyond the scope of his, her or its employment and not attributable to SKYDIVE or any other entity on any agency theory.  This shall also apply to any acts which are alleged to be or are deemed to be willful and wanton on the part of any agent, independent contractor, employee, or any person or entity acting on behalf of SKYDIVE. 

22.      RENTAL EQUIPMENT: I understand that SKYDIVE CHICAGO, INC., does not provide rental equipment and acts only to facilitate my rental of any equipment with the provider. The provider of the rental equipment is an independent company and as such the failings or shortcoming, including but not limited to, negligence or other fault in maintenance or inspection of the equipment I rented cannot be attributed to SKYDIVE CHICAGO, INC.   

23.      If I am making a tandem jump, I understand that I will be wearing a separate harness that may need to be adjusted by the hangar greeter and/or tandem instructor. I understand that the tandem instructor will attach my harness to his/her person and that this will put my body in close proximity to that of the tandem instructor. I specifically agree to this physical contact between the hangar greeter and/or tandem instructor and myself.  

24.      OTHER ACTIVITIES. This Agreement shall also be effective for and include any recreational activity which is organized, provided by or in any way associated with SKYDIVE or takes place on the grounds of SKYDIVE, or the property owned by any entity in any way associated with, organized, or provided by SKYDIVE, including but not limited to swimming, zip lining, or horseback riding. 

25.      DURATION OF RELEASE: It is my understanding and intention that this Agreement be effective not only for my first jump, but for all subsequent jumps or Skydiving Activities and shall be in full force and effect from the signing of this Agreement. I further agree that any subsequent Agreement signed by me shall include the terms of this Agreement to the extent they are not inconsistent with the subsequent release, and that any and all inconsistencies be decided in favor of SKYDIVE.  I agree that this Agreement may be terminated upon (180) days written notice, sent by either party by certified mail return receipt requested. I further agree that such termination shall not affect events occurring or which have occurred prior to the effective date of the termination. 

26.      ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be against public policy or unenforceable for any reason, 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 entity who could or does sue because of any INJURY or my DEATH.  

27.      DOCUMENT BROADLY CONSTRUED AND AMBIGUITIES CONSTRUED AGAINST ME: The general rule of law 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 and I specifically agree that this document be broadly construed in favor of SKYDIVE and against me and all ambiguities be resolved in favor of SKYDIVE. 

28.      JURISDICTION AND VENUE: I agree that I or any entity acting on my behalf or on behalf of my estate will only bring a lawsuit arising out of or related to my Skydiving Activities in the state courts, and not federal, of LaSalle County, Illinois. I agree that I, my estate, or any entity acting on my behalf or on behalf of my estate will not contest the jurisdiction or venue of the LaSalle County, Illinois Courts. I further agree that by signing this document I am subjecting myself, my estate or any entity acting on my behalf or on behalf of my estate to the personal jurisdiction of the LaSalle County Illinois, Courts and agree not to Contest the LaSalle County, Illinois Court’s jurisdiction. I knowingly waive the right to contest the jurisdiction and venue of the LaSalle County, Illinois Courts. 

29.      LAW TO BE APPLIED: I agree that in resolving any legal claim arising out of or related to my Skydiving Activities, the court shall apply the substantive statutes, substantive common law, and legal precedent of the State of Illinois. I make this agreement without reference to the “choice-of-law” rules of any state in which a claim related to my Skydiving Activities is brought. I agree that I will not contest the application of Illinois substantive law to any claim related to this Agreement and/or my Skydiving Activities. I knowingly waive my right to assert that any other state or federal law should apply to any claim related to this contract.  

30.      I understand that my estate, anyone acting on behalf of me, my heirs or I may have a right to demand a jury trial in any lawsuit filed against SKYDIVE. I am also aware that it may be to my advantage to do so. I hereby irrevocably waive and give up the right to a jury trial in any lawsuit I might file, or might be filed on behalf of myself, my heirs, or my estate against SKYDIVE. I further understand SKYDIVE and SKYDIVE alone, at its option, may demand a jury trial.  

31.      The Illinois Wrongful Death Act provides for the allowance of pecuniary damages for loss of society, grief, sorrow, and mental anguish to the survivors. Having been made aware of this, I specifically give up and relinquish the right of my heirs or family members to pursue that type of damage in any wrongful death or other action which may be filed on my behalf or on behalf of my estate and agree to indemnify SKYDIVE for any judgment which may be entered on behalf of my survivors.

32.      I hereby authorize SKYDIVE or its assignee to take any photographs and videos, which may include audio, as they may deem appropriate of myself and to use those photographs and videos, including the audio, in such a manner as they may deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs and videos to include audio.  

33.      I GIVE UP LEGAL RIGHTS: I understand that by signing this document I am giving up important legal rights and it is my intention to do so.  

34.      In the event it is found that any portion or portions of this document conflict with any one or more other portion in this document the interpretation of that portion which is most favorable to SKYDIVE shall control.  

35.      I hereby certify that if using my own gear, my reserve parachute has been packed by a Federal Aviation Administration certified parachute rigger and will be “in-date”, under the Federal Aviation Regulations, on all parachute jumps I make.

36.      I hereby certify that if I am using my own gear, I have an operable automatic activation device that has been maintained according to manufacturer standards on all parachute jumps I make. 

37.      By signing this Agreement, Release of Liability and Assumption of the Risk I agree that I am bound by the entire document. In the broadest terms, I agree and understand that if I sue SKYDIVE, I cannot win and, further, I will owe SKYDIVE money, including but not limited to attorney’s fees, repayment of any judgment obtained, and other expense incurred by SKYDIVE in defending the lawsuit even if your injury or death is caused by the negligence of SKYDIVE.      

Medical Statement

I, the participant, represent and warrant that I have no physical or mental infirmities that would prevent me from safely skydiving.  I agree that I have checked with my physician prior to my Skydiving Activities if I have been treated for or diagnosed to have any of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, mental illness or depression, kidney or related diseases, high or low blood pressures, dislocated shoulder or any other physical or mental infirmities which might in any way affect my ability to participate in skydiving, parachuting, flying, or related activities.  I recognize that I am solely responsible for any medical conditions I may have and the affect any of those medical conditions may have on my Skydiving Activities. If I have any questions or concerns, I agree that it is my responsibility to check with my physician before my skydive.   

By signing below, I hereby certify that:

1. I have read and understand the contents of this document and wish to be bound by its terms. 

2. I understand that by signing this Release, Waiver and Assumption of Risk I give up important legal rights even though I may have failed to initial some or all of the paragraphs of this document I still intend to be bound by all paragraphs. I further understand that this document can only be amended in writing, with the amendment signed by the attorney for Skydive Chicago, Inc. (whose contact information will be provided upon request). 

3. I elect not to negotiate a change in this agreement. 

4. I understand that I am giving up any and all rights my heirs or I may have to sue anyone in any way, shape or form associated with my skydive. I have been given an opportunity to read this document; I have read every single word on every single page. I understand its contents and understand that I, my heirs, my family and/or anyone who might act on behalf of my estate, in any capacity whatsoever be bound by its terms.

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           November 21, 2024