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. By initialing and/or by checking the agree box 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 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 that my participation in parachuting is only for personal satisfaction and is entirely voluntary. I Agree TERMS AND CONDITIONS OF OPERATIONS (Part A) - In the event that I am not able to jump on the day of the training, for any reason beyond my control, it is agreed that I am entitled to a raincheck jump ticket good at a later date and that California Skydive Center, Inc. will provide any retraining at no extra cost providing that I return for my jump within 30 days. I am aware that high winds, inclement weather, darkness, and the need for additional training could prevent jump activities. I Agree TERMS AND CONDITIONS OF OPERATIONS (Part B) - I understand that my purchase of the skydive includes a ride to the altitude paid for and that (Federal Aviation Administration) FAA-controlled airspace, inclement weather, air traffic, and other foreseen and unforeseen circumstances may prevent California Skydive Center, Inc., from reaching the purchased altitude. California Skydive Center, Inc. will make every attempt to reach the purchased altitude, within safety parameters, and the lowest non-emergency exit altitude being 7,500 feet for either AFF and Tandem skydives, according to air space controller and/or pilot's discretion. 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 FREEFALL PHOTOGRAPHY - Because of the unpredictable nature of skydiving photography, I agree that my decision to hire a photographer to take a video or still photos of my jump, is done so at my own risk. I understand that such media production will occur in an extreme environment and it might fail to turn out with the expected quality, quantity or suitability of any or all videos or photos taken of my jump. I also understand that if any photography or videography fails to turn out for any reason, I am eligible for a credit to be used as a media service on any subsequent jump. I hereby give permission to California Skydive Center, Inc., including any and all corporate entities related to its skydiving operations to use my photos, videos and likeness in all forms and media for advertising, portfolio, demo, trade, stock photography, editorial, altering without restrictions, and all other lawful purposes. I understand I am entitled to no compensation. I Agree PAYMENT AND FEES - I understand that after I have paid for my skydive and additional services, 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 GROUP MEMBER HOLD-HARMLESS RELEASE - I agree to indemnify and hold-harmless the USPA and manufacturers, distributors and dealers of skydive equipment. 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 Santa Clara, the United States Parachute Association, the Relative Workshop Inc., the Clear Sky Holdings 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 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 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 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. April 25, 2024
PART 2 - UNINSURED UNITED PARACHUTE TECHNOLOGIES - Please read each paragraph carefully. By initialing and/or by checking the agree box indicates you understand and agree to all of the information and terms contained therein. 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 doing business as United Parachute Technology and California Skydive Center, Inc., 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, Inc., for the purpose of performing an intentional parachute jump, I agree that: 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 systems 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 and/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: (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 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 or 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 actions 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 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 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 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 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 if 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 the 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 at end of waiver, 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. I Agree (b) I am not under any medication of any kind at the present time I Agree (c) I do/do not (specify in 6(A) below) wear corrective lenses. If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump. I Agree 7) Waiver for 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, Inc. shall be enforceable against me by the Uninsured United Parachute Technologies 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 Video: I have viewed and I warrant that I fully understand the accompanying "Tandem Vector Waiver" video. I Agree I freely and voluntarily agree to all of the above by signing this contract at California Skydive Center, Inc. April 25, 2024 |
