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IMPORTANT LEGAL DOCUMENT READ CAREFULLY

Today's Date: October 19, 2018

Skydiving and Flying Activities are not necessities and as such you may waive any legal rights should your death or injury occur. WARNING by signing this document you are giving up valuable legal rights in the event you should die or be injured and attempt to sue someone for your injuries. You, or your heirs, will probably not be able to win the lawsuit even though someone besides yourself was legally at fault. FURTHERMORE There is no insurance coverage provided by the Released Parties (defined in paragraph 1) for any injuries that may happen to you while riding in an airplane (flying), or skydiving, or while participating in any activities related to these Flying Activities (defined in the next paragraph). Even if such insurance existed, this document is intended to waive and release your right to attempt to collect any such insurance benefit. There are other schools where you can go for instruction if you do not want to sign this document. Ask the instructor for a list of schools and it will be furnished to you. There is an accident report file available for your inspection that illustrates some of the injuries that have occurred at this airport and elsewhere in the United States to persons engaged in the sports of skydiving and flying. Any of these accidents could happen to you. If you want to inspect this file before signing this document, ask the instructor for the file. DO NOT SIGN this document until you have had an opportunity to evaluate the consequences of signing this agreement and discuss the consequences with whomever you desire.

INDEMNITY AGREEMENT, RELEASE OF LIABILITY, ACKNOWLEDGMENT OF RISKS AND HAZARDS, ASSUMPTION OF RISKS and WAIVER OF RIGHTS. In consideration for being permitted to utilize the facilities and equipment of the RELEASED PARTIES (defined in paragraph 1) and to engage in ground instruction, riding in balloons and airplanes, skydiving and related activities (hereinafter collectively referred to as FLYING ACTIVITIES) I, agree as , agree as follows:

1. I hereby and forever RELEASE AND DISCHARGE Skydive Utah, LLC, The United States Parachute Association, The Uninsured United Parachute Technologies, LLC., all manufacturers, distributors and dealers of skydiving equipment, the landowners of Tooele County, Salt Lake City Corp., Tooele County and their officers, directors, agents, suppliers, employees, instructors, jumpmasters, organizers, pilots, drivers, owners of aircraft and owners of any equipment used for Flying Activities, and federal, state and local governments (hereinafter collectively referred to as RELEASED PARTIES) from any and all liabilities, claims, demands or causes of action that I may hereafter have for injuries and/or damages arising out of my participation in Flying Activities, including but not limited to losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES or hidden, latent or obvious defects on the airport, or in the equipment or aircraft used. I recognize that Utah Code 78-27-63 bars claims against counties or municipalities in Utah by any person(s) suffering injury from skydiving activities.

I Agree

2. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in Flying Activities. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from any claims, judgments and costs, including attorney's fees, incurred in connection with any action brought as a result of my participation in Flying Activities, including but not limited to losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, or hidden, latent or obvious defects on the airport or in the equipment or aircraft used.

I Agree

3. I understand and acknowledge that Flying Activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN FLYING ACTIVITIES INCLUDING THE RISK OF NEGLIGENCE OF THE RELEASED PARTIES or hidden, latent or obvious defects on the airport or in the equipment or aircraft used.

I Agree

4. I understand that because of the unavoidable and unpredictable dangers involved in Flying Activities, the Released Parties are making no warranties of any kind, expressed or implied, concerning any and all equipment, training, aircraft or facilities provided by the Released Parties. Flying in an airplane and skydiving are activities that have inherent dangers. Associated equipment such as balloons, airplanes and parachutes DO NOT ALWAYS WORK THE WAY THEY ARE EXPECTED, EVEN THOUGH THEY ARE DESIGNED, ASSEMBLED, PACKED AND MAINTAINED CORRECTLY. I UNDERSTAND THAT THERE IS NO WARRANTY THAT THE AIRCRAFT OR EQUIPMENT HAVE BEEN DESIGNED, ASSEMBLED, PACKED OR MAINTAINED WITHOUT A HIDDEN DEFECT IN THEM. I understand that the aircraft, PARACHUTES and/or equipment provided by the Released Parties are provided WITHOUT ANY WARRANTY THAT THEY ARE FIT TO USE FOR ANY PURPOSE WHATSOEVER AND WITHOUT ANY WARRANTY OF MERCHANTABILITY. I understand that I need not use the equipment provided by the Released Parties, but I may use my own equipment if it passes inspection by a certified inspector. The approval for use by an inspector is not a warranty or guarantee that my equipment is fit for any purpose but merely an opinion that my equipment meets minimum legal requirements. I understand that my stability and body position can drastically affect the operation of the aircraft and/or parachutes. I UNDERSTAND THIS INHERENT RISK OF FLYING ACTIVITIES AND ACCEPT THIS RISK.

I Agree

5. I understand that because of the nature of Flying Activities, it is impossible for an instructor to determine with any degree of certainty that I have been properly or adequately trained to participate in Flying Activities or that I have fully grasped and comprehended any instructions presented to me. IT IS IMPOSSIBLE FOR AN INSTRUCTOR TO PREDICT HOW ANYONE WILL REACT IN THE HIGH SPEED CONDITIONS AND STRESS THAT ARE INHERENT IN FLYING ACTIVITIES. For that reason, I understand that there is no warranty whatsoever as to the adequacy of training provided by the Released Parties to me. I understand, prior to a jump or flight, that I will be required to warrant to the Released Parties that, based upon my own evaluation of the training I have received, I have been adequately trained, that I comprehend the instructions, that I can safely perform Flying Activities and that I can cope with the high speed environment, conditions and stress which are a part of Flying Activities.

I Agree

6. I state that I have inspected the land, facilities, equipment and aircraft of the Released Parties. I acknowledge that the landing areas do contain dangerous objects including, but not limited to: trees, bushes, stakes, fences, power lines, hills, streams, ditches, buildings, rocks, hidden holes, uneven terrain, clods of dirt, poisonous snakes, unpredictable dogs and cattle, piles of discarded matter, and other natural and humanmade objects that can cause injury upon landing. I understand that the landing areas contain an active runway and that an aircraft could strike me. I understand that roads service the area and that vehicles could strike me. I understand that parachutists land in the area and a parachutist could strike me. I understand that I might not land on the airport and this increases the likelihood of encountering obstacles such as those listed above. I assume the risk of injury or death upon landing and realize that, EVEN UNDER THE BEST CONDITIONS, LANDING IS AN EXTREMELY DANGEROUS ACTIVITY AND MANY INJURIES OCCUR. I understand that the helmets used are not intended for skydiving. I accept these risks and conditions.

I Agree

7. COVENANT NOT TO SUE. I agree never to institute any suit or action at law, or otherwise, and hereby instruct my heirs, executors and administrators never to institute any suit or action at law, or otherwise, against the Released Parties, nor to initiate any nor assist the prosecution of any claim for damages or cause of action which I, my heirs, executors or administrators may have by reason of injury or death to my person or property arising from the activities contemplated by this agreement.

I Agree

8. INDEMNITY AGAINST THIRD PARTY CLAIMS. I will indemnify, save and hold harmless the Released Parties 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 other persons or organizations and which arise directly or indirectly from the activities contemplated by this agreement.

I Agree

9. I agree to reimburse and indemnify for each and every loss to, or payment by, the Released Parties including, but not limited to, losses or payments which result from damage to any real or personal property, injury to any persons and any judgments rendered against, settlements entered by, and legal fees incurred by the Released Parties which result directly or indirectly from my participation in any activity or event conducted, managed or directed by the Released Parties.

I Agree

10. CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions of the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY AGAINST THIRD PARTY CLAIMS 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 of the Released Parties and shall be binding upon my heirs, executors and administrators of my estate.

I Agree

11. I have been advised and recognize that my Flying Activities are not covered by any personal accident or general liability insurance policy issued to the Released Parties. I understand that, at this time, there is no insurance available to the Released Parties which would cover my flying activities. I certify that, considering my lifestyle and the manner in which I am supporting my dependents, if any, I have made adequate provisions for myself, my spouse, if any, my children, if any, my heirs, if any, and any and all other persons dependent upon me so that, in the event of my injury or death, neither they nor I will suffer financial loss.

I Agree

12. VALIDITY OF WAIVER. I understand that if I or my heirs institute any suit or action at law for any claim for damages or cause of action because of injury or death to my person or property due to the activities contemplated by this agreement, this waiver can and will be used in court and that waivers of this type have been upheld in courts (including Utah) in similar circumstances.

I Agree

13. I further agree that in the event I (or my estate) believe(s) I (or my estate) have (has) any claim whatsoever against any of the Released Parties arising out of my Flying Activities, including an action for personal injury, that it shall be a condition superseding the filing of a lawsuit against any of the Released Parties that the matter be submitted for arbitration according to the "Rules of Arbitration for Skydive Utah". The decision and finding of the board shall be final and binding upon all persons involved. I acknowledge receipt of a copy of the Rules of Arbitration or state that I do not wish to receive a copy at this time. I understand that a copy of these "Rules of Arbitration" can be obtained from any Released Party at any time.

I Agree

14. If I, or my estate, breach this promise, agreement and covenant not to sue, I agree that I, or my estate, will pay $25,000.00 to each of the Released Parties named in any lawsuit.

I Agree

15. I hereby acknowledge receipt of a copy of this agreement or state that I do not wish to receive a copy of this agreement at this time. I understand that I can receive a copy at any time.

I Agree

16. In the event any of the clauses of this agreement is held to be invalid, unenforceable or contrary to public policy, that clause shall be removed from the remaining clauses which shall continue to be in full force and effect.

I Agree

17. I hereby certify that I do not suffer from any physical or mental infirmity or illness which would affect my ability to engage in Flying Activities and that I am not under treatment for any medical or mental condition, including but not limited to: cardiac or pulmonary condition or disease, high or low blood pressure, fainting spells or convulsions, hearing loss or impairment, nervous disorders, diabetes, kidney or related disease, shortness of breath or psychiatric disorders. I further certify that I am not on any regular medication and have taken NO ALCOHOLIC BEVERAGES OR DRUGS WITHIN THE LAST TWELVE HOURS. I recognize that it is against the rules and regulations of the Federal Aviation Administration to consume either alcohol or drugs while engaging in Flying Activities.

I Agree

Refund Policies

A refund of fees minus the $25.00 deposit (excluding weather) is available prior to aircraft departure. Once the aircraft leaves the boarding area all fees are non-refundable (excluding weather).

Please understand that safety factors may inhibit a complete video (reserve rides, landing location differences). Since your safety is our first concern, this does not merit a video refund. A malfunction of the video/photo equipment entitles you to a refund of the video/photo fee. Improper performance by the student (you) resulting in a null video/photo does not warrant a video/photo refund.

I hereby grant permission to Skydive Utah, LLC to use photographs/videos taken of me on standard business methods of media/advertising. I hereby waive any right to inspect or approve the photographs or videos that may be used in conjunction with them now or in the future, whether or not that use is known to me. I also waive any claim to royalties or other compensation arising out of the use of the photographs/videos of me for promotional purposes. This permission may be waived in writing, at no charge, prior to the publication of my video/photographs.

I Agree

I HAVE CAREFULLY READ THIS INDEMNITY AGREEMENT, RELEASE OF LIABILITY, AND ACKNOWLEDGMENT OF RISKS AND HAZARDS. I FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL.

 

 

 

This next section is provided by the manufacturer of the tandem skydiving equipment you will be using for your skydive.

 

 

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 Utah, 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 dual-harness, dual-container parachute pack assembly to which I will Uninsured United Parachute Technologies, LLC TANDEM PARACHUTE JUMPER AGREEMENT 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; and (c) I do/do not (strike one) wear corrective lenses. 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 the day of October 19, 2018. 

*Please read each paragraph carefully. Your agreement checkbox indicates you understand and agree to all of the information and terms contained therein.

First Jumper's Name

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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.
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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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