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The Uninsured Skydive Georgia

VOLUNTEER PARACHUTE JUMPER

ASSUMPTION OF RISK AGREEMENT

IMPORTANT - READ BEFORE YOU SIGN.

YOU ARE GIVING UP IMPORTANT

LEGAL RIGHTS.

 

VOLUNTEER JUMPER AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK

IN CONSIDERATION of being permitted to utilize the facilities and equipment of the uninsured Skydive Georgia, and its associated entities, to engage in parachute activities, ground instruction, flying and related activities, skydiving, freefall and tandem jumping, ground transport, hereinafter collectively referred to as skydiving activities, as defined in paragraph 6 in this contract. I HEREBY AGREE AS FOLLOWS:

1.1 I understand that I am not required to make a skydive, but if I desire to do so, I am not required to jump at the uninsured SKYDIVE GEORGIA. I understand there are other drop zones within a 300 mile radius of the city of CEDARTOWN, GA.

I Agree

1.2 I understand that this document is a binding contract between myself and the entities described herein as SKYDIVE GEORGIA and certify that I am of legal age and under no legal disability which would prevent me from entering into a binding contract. 

I Agree

1.3 I am aware 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 risk or possibilities of error. Therefore, I specifically include in this release, any injury resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated which is in any way connected with my skydiving activities and/or on presence of the premises of Polk County Board of commissioners and Polk County airport authority and it's employees or any other place or entity connected with the uninsured SKYDIVE GEORGIA..

I Agree

1.4 PARTIES INCLUDED: I understand that this Agreement, Release of liability & Assumption of Risk includes but is not limited to the uninsured SKYDIVE GEORGIA, and any of its officers, board members and shareholders, its or their agents, customers, associated entities, employees, volunteers, pilots, instructors, videomen, other jumpers, jumpmasters, the owner of the aircraft, (which shall also include but is not limited to airfoils and balloons), the owner of any land utilized for skydiving activities, adjacent property owners, the United States Parachute Association and its members, anyone working with or for the uninsured SKYDIVE GEORGIA, any manufacturer of any piece of equipment or gear which I may use or am using at the time of my INJURY OR DEATH and anyone involved in any way, shape, form or manner in my skydiving activities and specifically including but not limited to tandem or experimental test parachute jumping to include tandem parachute jumping, hereinafter collectively referred to in this Agreement, Release of liability & Assumption of Risk as SKYDIVE GEORGIA.

I Agree

1.5 This entire CONTRACT, Release of liability & Assumption of Risk is expanded to included all parties mentioned anywhere in the body of the document by name or by category, all vendors or suppliers of materials or equipment for skydiving activities, including but not limited to the manufacturer of the equipment, its employees, directors, officers and shareholders, and all associated entities, shareholders, partners, employees and all other persons in any way associated with any entity mentioned, either specifically or by implications, in the body of this document. 

I Agree

1.6 RISK 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 and unforeseen, instruction, parachute jumping, tandem or experimental test parachute jumping, ground instruction, flying and related activities, the exit from the aircraft, skydiving freefall, time under the canopy, the landing, any rescue operations or attempts by the uninsured SKYDIVE GEORGIA, whether on or off the designated landing area, or facilities used by the uninsured SKYDIVE GEORGIA, ground transportation provided to me by any entity in any way associated with the uninsured SKYDIVE GEORGIA and any activity whatsoever in any way, shape or form or manner connected with my skydiving activities or my presence on or near the facility and grounds of the uninsured SKYDIVE GEORGIA, and/or the airport which is used for my skydiving activities. These risks shall be referred to for purposes of this agreement as skydiving activities.

I Agree

2.1 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 that may be able to or do 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 the uninsured SKYDIVE GEORGIA as defined in paragraph 3 from any and all claims or obligations whatsoever, foreseen and 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 the uninsured SKYDIVE GEORGIA..

I Agree

2.2 RELEASE OF LIABILITY: I herby release and discharge the uninsured SKYDIVE GEORGIA. from any and all liability, claims, demands or causes of action that I may hereafter have for injuries or damages arising out of my participation in skydiving activities even if caused by negligence or other fault of the uninsured SKYDIVE GEORGIA.

I Agree

2.3 COVENANT TO NOT SUE: I further agree that I WILL NOT SUE OR MAKE CLAIM against the uninsured SKYDIVE GEORGIA, for damages or other losses sustained as a result of my skydiving activities even if caused by negligence or other fault of the uninsured SKYDIVE GEORGIA.

I Agree

2.4 INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD SKYDIVE GEORGIA HARMLESS from all claims, judgments and costs, including but not limited to reasonable attorneys fees and to reimburse them for any expenses whatsoever incurred in connection with any action 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. 

I Agree

2.5 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 THE UNINSURED SKYDIVE GEORGIA including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, bad landings or any other cause whatsoever, including but not limited to those set forth in paragraph 5, even if those injuries are caused by negligence or any other fault of the uninsured SKYDIVE GEORGIA

I Agree

2.6 LIMITATION OF WARRANTY: the uninsured SKYDIVE GEORGIA hereby warrants that the equipment provided by the uninsured SKYDIVE GEORGIA 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. I have read that above paragraph, acknowledge that I understand it and accept the limitation of warranty.

I Agree

2.7 In the event any agent of the uninsured SKYDIVE GEORGIA is guilty of willful and wanton, or any conduct outside the scope of this contract, I agree that the agents action shall be beyond the scope of his/her employment and not attributed to anyone on any agency theory, or any other theory.

I Agree

2.8 If I am making a student jump, I understand that I will be wearing a harness which will need to be adjusted by the jumpmaster. If my jump is a tandem jump, I understand that the tandem master will attach my harness to his and that this will put my body in close proximity to that of the tandem master. I specifically agree to this physical contact between the tandem master and myself. 

I Agree

2.9 OTHER RECREATIONAL ACTIVITIES: This Agreement shall be effective for and include any recreational activity which takes place on the grounds of SKYDIVE GEORGIA, or the property owned by any entity in any way associated with the uninsured SKYDIVE GEORGIA.

I Agree

3.0 DURATION OF RELEASE: It is my understanding and intention that this Release and Agreement be effective not only for my first jump but for any subsequent jumps or skydiving activities and shall be in full force and effect from the signing of this agreement until such time it is cancelled by the uninsured SKYDIVE GEORGIA.. [agree

3.1 I herby agree to waive any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by the uninsured SKYDIVE GEORGIA.

I Agree

3.2 ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be unenforceable or against public policy, that only that portion shall fall, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury or death. 

I Agree

3.3 I am reading this paragraph being made aware that the general rule is that this type of document is to be narrowly constructed and ambiguities are to be decided against the person or entity preparing the document. I expressly waive that rule and specifically agree that this document be broadly constructed and that it be constructed in favor of the uninsured SKYDIVE GEORGIA, and against me and that all ambiguities be resolved in favor of the uninsured SKYDIVE GEORGIA.

I Agree

3.4 It is further agreed between the parties that no matter where venue lies, any lawsuits shall be filed in State Court of Polk County, Georgia. It is further agreed that in the event any lawsuit is filed in other than the State Court of Polk County, Georgia, such lawsuit shall be moved to Polk County, Georgia or such other locations as the uninsured SKYDIVE GEORGIA shall specify, on motion and at the option of the uninsured SKYDIVE GEORGIA. Such move shall be at my expense.

I Agree

3.5 I hereby agree to reimburse the uninsured SKYDIVE GEORGIA for loss or damage to any equipment of any kind whatsoever caused by my personal negligence or wrong doing.

I Agree

3.6 I hereby authorize the uninsured SKYDIVE GEORGIA or its assignee to take any photographs and videos as they may deem appropriate of myself or my party and to use those photographs in such a manner as they deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs.

I Agree

3.7 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. 

I Agree

3.8 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 the drop zone and myself. 

I Agree

3.9 UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS. 

I Agree

4.0 I UNDERSTAND THAT WHEN I SIGN THIS DOCUMENT, I WILL BE GIVING UP ANY AND ALL RIGHTS I OR MY HEIRS MAY HAVE TO SUE ANYONE IN ANYWAY, SHAPE OR FORM ASSOCIATED WITH MY SKYDIVE, EVEN IF THE ENTITY I INTEND TO SUE HAS CAUSED MY INJURY OR DEATH BY THEIR NEGLIGENCE. 

I Agree

I HAVE BEEN GIVEN AN OPPORTUNITY TO READ THIS DOCUMENT. I HAVE DONE SO. I UNDERSTAND ITS CONTENTS. I INTEND THAT NOT ONLY I, BUT MY HEIRS, MY FAMILY AND ANYONE WHO MIGHT ACT ON MY BEHALF IN ANY CAPACITY WHATSOEVER BE BOUND BY ITS LEGAL TERMS.

READ THE ENTIRE DOCUMENT BEFORE YOU SIGN

YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS

Signature of Applicant: 

Medical Statement

STATEMENT OF MEDICAL FITNESS:

I, the participant, represent and warrant that I have no physical or mental infirmities, am not under treatment for any other physical or mental infirmity or chronic ailment or injury of any nature, and have been treated for or diagnosed to have any of the following: mental illness or depression, cardiac or pulmonary conditions or disease, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, or any other disability which might in any way affect my ability to participate in skydiving, parachuting, flying or related activities. If I have had any infirmities or medical conditions, I have consulted with a physician who has cleared me to skydive. 

I Agree

I understand that if I am unsure about whether I am healthy enough to skydive I will seek advice and medical clearance from a physician before participating in skydiving activities. 

I Agree

WARNING!

SKYDIVING, PARACHUTING, FLYING AND ALL OF ITS RELATED ACTIVITIES ARE DANGEROUS AND THERE ARE RISK INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY AND PERMANENTLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING, PARACHUTING FLYING OR ALL OF ITS RELATED ACTIVITIES. EACH INDIVIDUAL PARTICIPANT, REGARDLESS OF EXPERIENCE, HAS FINAL RESPONSIBILITY FOR HIS/HER OWN SAFTEY.

I Agree

I have read the attached AGREEMENT named (Skydive Georgia Release of Liability and Assumption of Risk), I understand that it is a legal contract binding on me. I understand what it says. I intend to be bound by what it says and know that when I sign it, I give up important legal rights.

I Agree

Signature of Applicant:

 

 

 

 

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also 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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