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Adventure Skydiving Inc.

Unit 4 - 289 PTH 12 N.

Steinbach, MB

 

ASSUMPTION OF RISK AGREEMENT & COVENANT NOT TO SUE

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. After you read each paragraph please initial on the line provided. Your initial indicates you understand and agree to all of the information and terms contained therein.

In consideration of Parachute Labs, doing business as Jump Shack, and (name of DZ) Adventure Skydiving, hereinafter referred to as "Corporations", allowing me the privilege of utilizing a dual harness, dual container parachute pack assembly, designed, manufactured and/or assembled by Parachute Labs, lnc. d/b/a Jump Shack, for the purpose of performing an intentional parachute jump, I agree that:

1) Representations, Warranties & Assumptions of Risk: I understand that I will be performing a parachute jump or jumps and 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 malfunction 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 the thrill of participating 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, 

(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;

(C) Owners, suppliers and operators of aircraft from which I am to make my intentional parachute jump;

(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;

(E) The operator of the dual-harness, dual container parachute pack assembly to which I will be attached during my intentional parachute jump;

(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;

(G) The owners and lessees, if any, of land upon and from which the parachute jumping and related aircraft operations are conducted; and

(H) Any other person(s) and/or organization(s) which is or may be liable for any loss or injury to me or my property, or my death, arising out of my participation in any of the activities covered by this Agreement (as defined below);

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 an intentional parachute jump, or while I am engaged in related activities (hereinafter 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) - (H) 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 (H) 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, of any of the organizations and/or persons described in paragraph 2 (A) through (H) 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 (H) 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 injures are alleged to result from the fault or negligence of the parties released. l 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 (H) above, nor shall they initiate or assist the prosecution of any claim for damages of cause of action which I, my heirs, 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, of any of the organizations and/or persons described in paragraph 2 (A) through (H) 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 (H) above, I agree that such organizations and/or persons shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.

4) Indemnity Against Claims: I will indemnify, save and hold harmless the organizations and/or persons described in paragraph 2 (A) through (H) above from any and all losses, claims, actions or proceedings of every kind and character, including attorney's 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, or any of the organizations and/or persons described in paragraph 2 (A) through (H) 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 (H) 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.

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 disease, 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 (answer in second portion of waiver). If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump.

List infirmities in second portion of waiver, if none, state "none"

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 Agree ment, 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 (H) 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 the 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 most protection from liability and/or suit to Parachute Labs, Inc. d/b/a Jump Shack shall be enforceable against me by Parachute Labs, Inc. d/b/a Jump Shack.

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 freely and voluntarily agree to all of the above by signing this contract on June 25, 2019

Signature of Student Print your name

 

 

WITNESS:

Witness statement: I hereby certify that on this day, before me, personally appeared and acknowledged the aforementioned document, the person(s) described herein or who produced a drivers license, passport, or military i.d., as identification and who executed the same. Witness my hand on June 25, 2019

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A signed copy of this waiver will be sent to the email address you provide.
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I wear corrective lenses
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 16-17 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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