DANGER! PELIGRO! / GEFAHR! PARACHUTE SYSTEMS SOMETIMES FAIL TO OPERATE CORRECTLY EVEN WHEN PROPERLY MANUFACTURED, ASSEMBLED, PACK AND OPERATED. YOU RISK SERIOUS INJURY OR EVEN DEATH EACH TIME YOU USE A PARACHUTE SYSTEM. YOU MUST SIGN ALL APPLICABLE WAIVER AGREEMENTS BEFORE JUMPING. * Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein. ASSUMPTION OF RISK - I am fully aware that parachuting activities including ground instruction, flying, parachute jumping, and related activities are inherently dangerous, that injuries requiring professional medical care are not uncommon, and that serious injury or death can and always has resulted from participation in parachuting activities. I understand that not all of these risks can be foreseen or prepared for, or avoided, to the extent that even if I do everything as I was trained to do and all equipment functions properly, I can still be injured or killed. I Agree OPTION TO PURCHASE A REVISED AGREEMENT - I am aware that my right to due process of law cannot be waived, and that the above premise is a contractual agreement in return for the opportunity to participate in parachuting activities. I have been offered the opportunity to purchase the revised document, omitting only the AGREEMENT NOT TO SUE, for a price of $500.00. *Choose at end of waiver. I Agree NATURE OF PARACHUTING EQUIPMENT AND AIRCRAFT - I understand that parachutes and aircraft, and their related equipment, are designed, constructed, maintained, and operated by fallible human beings. I accept that this equipment is not warranted as safe for any purpose, and that the only assurance of quality is that all equipment and aircraft have been safely used for parachuting activities in the past, but this in no way guarantees the equipment and aircraft will function properly and safely in the future. I Agree TERMS AND CONDITIONS OF TRAINING AND EQUIPMENT RENTAL - I agree to return all equipment in the same condition as when picked-up for use. I also agree to pay for any and all equipment that I lose or damage, including costs to repack rented parachutes, and also any additional expenses resulting from my use exceeding normal wear. I Agree NATURE OF PARTICIPANTS IN PARACHUTING ACTIVITIES - I recognize that pilots, instructors, jumpmasters, radio operators, mechanics, my fellow parachutists and all others involved in parachuting are fallible human beings, capable of making mistakes that could result in my injury, suffering or death. I Agree VOLUNTARY NATURE OF PARTICIPATION - I agree that I am not under any compulsion to ride in or jump from an airplane, and my participation in parachuting is only for personal satisfaction and is entirely voluntary. I Agree MEDICAL STATEMENT - I recognize that parachuting is a strenuous, athletic endeavor and that parachutists are subject to health risks not normally associated with other sports. I hereby certify that I do not suffer from physical infirmities that affect my ability to safely engage in parachuting and its related activities, and that I am not and have never been under treatment for the following conditions. 1. High or low blood pressure, blood clots. 2. Fainting spells or convulsions. 3. Cardiac conditions/diseases. 4. Pulmonary conditions/diseases. 5. Nervous disorders. 6. Shortness of breath. 7. Kidney or related disease. 8. To the best of my knowledge, I am not currently pregnant. I Agree SUBSTANCES STATEMENT - Parachuting under the influence of drugs or alcohol is prohibited by Federal Aviation Administration Regulations and California Skydive Center, Inc. rules. I have not consumed either alcohol or drugs within the last eight hours. I further agree not to participate in skydiving while under the influence of drugs or alcohol. I understand that if California Skydive Center, Inc. staff determines that I am under the influence of drugs or alcohol I will not be able to skydive and I will not receive a refund of any kind. I understand that California Skydive Center, Inc. staff is in no way qualified to offer opinions about medical conditions and how they could be affected by skydiving. I Agree PAYMENT AND FEES - I understand that after I have paid for my skydive there are no refunds, regardless of the circumstances. I Agree ACCEPTANCE OF FINANCIAL RESPONSIBILITY - I understand that the released parties have no personal accident or general liability insurance. I agree that I am solely responsible for any expenses, medical or otherwise, that I may incur from participation in parachuting activities. I also agree that the released parties are in no way responsible to myself, my spouse and family, or my heirs for any hardship from loss of income or from expenses that may result from my injury or death. Furthermore, I agree to indemnify the released parties for any loss, liability, damage, or cost that they may suffer due to my presence in or upon their facilities and equipment. I Agree CONTINUATION OF OBLIGATIONS - I agree that all of the terms of this document apply any time now and in the future that I am engaged in parachuting activities at the California Skydive Center, Inc., or any other location where the California Skydive Center, Inc., is involved. I Agree VENUE, ARBITRATION, ENFORCEABILITY, AND AMBIGUITIES - I agree that any actions rising from my participation in parachuting activities will be submitted to arbitration by an arbitration board chosen by the released parties and that I will abide by the decisions of this board. I further agree that jurisdictions for any legal action arising out of matters that are the subject of this document will be in San Benito County, California. I also agree that any ambiguities in this document shall be constructed in the favor of the released parties, and that if any one clause of the document is deemed invalid, the balance of the document will nonetheless continue in full legal force. I Agree RELEASE FROM LIABILITY, INCLUDING NEGLIGENCE - I agree that the released parties are in no way responsible for my safety, and I release them from any liability for my safety whether or not my losses, injuries, suffering, or death was caused by their negligence, including improper action or failure to act. I Agree PARTIES INVOLVED IN THE AGREEMENTS - These agreements are between California Skydive Center, Inc., including any and all corporate entities related to its skydiving operations, its pilots, ground crews, and all of their officers, employees, subcontractors, assistants, heirs, legal representatives and assigns, aircraft and land owners, lessors, lessees, sublessors, the City of Hollister, the County of San Benito, the County of Santa Clara, the United States Parachute Association, the Relative Workshop Inc., the Clear Sky LLC, and all of their officers, employees, subcontractors, assistants, heirs, legal representatives and assigns, hereafter collectively referred to as "released parties" and myself, to include my legal representatives, spouse and family members, heirs and assigns. I Agree AGREEMENT AND RELEASE OF LIABILITY - In consideration for being permitted to utilize the facilities and equipment of California Skydive Center, Inc, for the purpose of parachute jumping, competition, flying, and other related activities, I, being of lawful age, enter into the following agreements with California Skydive Center, Inc. AGREEMENT NOT TO SUE - In consideration for being permitted to engage in parachuting activities by their released parties, I promise not to sue the released parties or make any claims against them for damages, injuries, suffering or death, even if these are wholly or partially a result of negligence by the released parties. I further instruct my heirs, spouse and family members, legal representatives, and assign to abide by my agreements with the released parties, including my promise not to sue. AGREEMENT NOT TO INDEMNIFY AND HOLD HARMLESS - I agree to indemnify and hold harmless the released parties from all claims, judgments, and costs, including attorney's fees, incurred in connection with any actions brought as a result of my participation in parachuting activities. By signing this document, I am giving up important legal rights in exchange for the opportunity to participate in parachuting activities. I understand that this document can and will be used against me in a court of law, and that similar documents have been upheld in several states. However, I fully consent to all of the terms of this document and am signing it with complete understanding and of my own free will. I also understand that there are many other parachuting centers that offer similar services to this one but I have chosen to engage in parachuting activities at California Skydive, Inc. in spite of the above warnings. November 14, 2024
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