AFF student liability contract

SkydiveToledo, LLC is a small business run by a woman and a few staff people who wish to share their love of the sky with you in a very thrilling, memorable way.Unfortunately, due to the litigious nature of our society, we must insist that you sign a very long-winded, comprehensive contract in order to protect ourselves. We are honest and up-front regarding the dangerous nature of our sport, and in return we ask that you agree in writing that you, your estate, or anyone else representing you or your estate will not sue us, our company or our staff if you get hurt or killed.

Here are the unavoidable facts of skydiving life:

Our staff is comprised of human beings who can make mistakes that can result in your injury.

Your equipment has been designed by human beings and is not perfect. It can malfunction.

Your training can never be totally adequate because there is no physical way to simulate freefall while remaining on the ground. The only way to simulate it is to do it, and then it's too late to see if you can perform satisfactorily.

Exiting an aircraft in flight is a very dangerous thing to do. Please don't ever say that we told you skydiving was safe. It is not. While we work very hard to minimize the risk ofskydiving, by its very nature skydiving is inherently dangerous and will never be totally safe. We DO NOT guarantee that your parachutes will operate properly. We DO NOT guarantee that our staff will function without error. We DO NOT guarantee that you will land in the right field. We DO NOT guarantee that our backup devices will work correctly. But most of all, we ABSOLUTELY DO NOT guarantee that you won't get hurt or killed skydiving, even if you do everything you were trained to do. The human body is not designed for the downward landing impact and it may break. Typical skydiving injuries consist of broken legs, ankles, wrists or fingers, back injuries, injuries of all sorts (including death) from hitting obstacles such as power lines, trees, roadways or water, and death from hitting the ground too hard, including aircraft crashes. It is also possible that you may receive a disabling injury causing you to spend the rest of your life in a wheelchair. You may also receive cosmetic injury, which could result in the permanent changing of your appearance, walk, posture or mobility.

Negligence is the failure to exercise due care, which to you could mean bad training, poor equipment, physical or judgmental errors by the staff or other unforeseen situations.Lately, thanks to our messy legal system, negligence has become the thing everyone claims when they get hurt and start looking for someone else to blame. Here's the way it is: if you feel that the training is poor, the aircraft is in bad condition, the parachutes are shoddy or worn out, or if you think the staff is unqualified to be working with you, DON'T JUMP and insist on different equipment, additional training, or different staff. Decide BEFORE you jump! If you choose to board the aircraft, you will be knowingly giving up any later claim as to the qualifications of the staff or the quality of the equipment.

WARNING!

Read each paragraph very carefully and make certain that you fully understand what the paragraph says. DO NOT SIGN if you dont understand or don't fully agree to the terms. Your *I agree* check at the end of each paragraph indicates that you agree to be bound by the terms listed.

Comprehension and Clarity:I read, write and understand the English language. The type size of this contract is of sufficient size for me to read and comprehend.

Free Will: I am here of my own free will and am inducing the owners and staff to allow me to train and skydive by paying money and signing this legal contract. I understand that if I don't pay for my jump, complete my training or agree to this contract that I will not be allowed to train or jump here.

Refunds: I understand and agree that the price of the skydive is $30 and that the rest of the fee I pay is for training. I agree that if I do not complete the training to the instructor's satisfaction, I may choose to receive a $30 refund or attend a class at a later date. I understand that once I board the aircraft there will be no refund.

Weather: I agree that if it is determined that conditions are not safe for my jump, I may reserve a later time to return and make my jump. I agree that bad weather is not to be considered grounds for a refund.

Release of Future Claims Regarding Adequacy of Training: I agree to cooperate fully in the training session and know that my failure to do so will result in my being denied the opportunity to jump at SkydiveToledo, LLC. If I complete the training and attempt to jump, I am releasing any claim whatsoever, present or future, as to the adequacy of the training, the competency of the staff, or the airworthiness of the parachute equipment or aircraft. If I am in any way dissatisfied with the training, the staff, or the equipment, I agree not to jump and will insist on further training, different staff, or different parachute equipment.

No Insurance:I understand that SkydiveToledo, LLC carries no insurance of any kind including but not limited to liability, accident, wage or property damage insurance. In trade for being allowed to train and jump at SkydiveToledo, LLC. I and my survivors in any form agree to not hold SkydiveToledo, LLC liable if I am hurt or killed while skydiving or attempting to skydive for insurance payments of any sort, including but not limited to hospital bills, medical bills, lost wages or property damage.

A.F.F. As Opposed to Tandem: I understand that I may make my first skydive using either the tandem or the A.F.F. method. I understand that A.F.F. jumping involves hours of technical instruction and by its very nature is more dangerous than tandem skydiving because it requires me to perform at a higher level by doing everything correctly, by myself, the first time. If I choose to skydive without the aid of a tandem skydiving instructor, I CLEARLY UNDERSTAND that I am embarking on a path which is a more dangerous skydiving method. I understand that if I choose to make a tandem skydive, my instructor and I will be utilizing a dual harness, dual container parachute pack assembly. I further understand that I will be performing a parachute jump or jumps in a program pursuant to Federal Aviation Regulations 14 CFR Part 105.45, for tandem parachute jumps by wearing a dual harness, dual parachute pack.

Ground Transportation Not Mandatory: I understand that my use of the ground transportation provided between where I land and the airport is not mandatory, is a courtesy only, and that I may walk or provide my own transportation if I choose. I understand that the transportation is not licensed as a commercial passenger vehicle and has no certification as such. No warranty is made, expressed or implied, as to the safety of the transportation or its roadworthiness. Transportation is by private vehicle and the driver is a volunteer who is not licensed to drive commercially. I agree that NO guarantee is given, expressed or implied as to the qualifications or fitness of the driver to return me safely to the airfield. I further understand that no liability insurance is in force to cover any possible injury to me while I am riding in the transportation. I further agree to wear my seatbelt and that my agreement not to sue, including negligence, is hereby extended to any potential injury arising from my use of the transportation.

Representations, Warranties and Assumption of Risk: I understand the scope, nature and extent of the risks involved in the activities covered by this contract. I understand that these risks include, but are not limited to, parachute equipment malfunction or failure to function, defective or negligent design or manufacture of parachute equipment, improper/ negligent parachute packing or assembly, improper/ negligent operation or use of the equipment, carelessness/ negligence of instructors, coaches, pilots or ground crew, improper/ negligent operation of vehicles used for ground transportation, improper/ negligent instruction or supervision. I voluntarily, freely and directly choose to incur all risks associated with the activities covered by this contract, understanding that those risks may include personal injury, damage to property, cosmetic injury, disability or death.

Waiver of Liability: I CLEARLY understand that skydiving is a dangerous, calculated risk activity which CAN and sometimes DOES result in bodily injury to its participants. I understand that I am going to exit an aircraft in flight and that it is very dangerous for me to do so. I understand that I MAY BE INJURED OR KILLED EVEN IF I DO EVERYTHING AS I HAVE BEEN TRAINED. I am freely accepting these risks in trade for the thrill of skydiving, understanding full well that those risks may include personal injury, property damage and/or death. I therefore release and discharge SkydiveToledo, LLC and its owner Heather Whittaker both corporately and individually, Josephine Air, LLC, its Members and Staff, Desert Sands Aircraft Leasing and any other owners/operators of aircraft leased by Skydive Toledo LLC, the South Lewis County Airport, Lewis County, the United States Parachute Association, skydiving gear manufacturers including but not limited to S.E. Inc. d/b/a Strong Enterprises and The Uninsured Relative Workshop, Inc. d/b/a Relative Workshop. I further release and discharge all instructors, coaches, pilots, riggers, drivers, as well as the owners and lessees of land, motor vehicles, and equipment utilized for skydiving and related activities, including ground transportation therewith, and any other property owner upon whose property I may land or attempt to land and anyone else assisting me in my attempt to skydive including all officers, directors, agents, shareholders, independent contractors and employees of all entities listed above, hereinafter referred to as Releasees.

Agreement Not To Sue: I agree that I will not file, or cause to be filed, nor participate in any lawsuit against SkydiveToledo, LLC for injuries or death sustained as a result of skydiving or training. I have been told in advance that skydiving is a very dangerous activity and that I can get hurt or killed while doing it.I AGREE NOT TO SUE EVEN IN THE EVENT OF NEGLIGENCE. I also agree that my heirs, executors, administrators, personal representatives, or anyone else claiming on mybehalf, shall not institute any lawsuit, cause of action, or claim for damages against any of the Releasees, nor shall they initiate or assist in the prosecution of any claim for damages against the Releasees 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, arising from activities covered by this contract, whether caused by the negligence of fault, either active or passive, of any of the Releasees, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf, should any such lawsuit or cause of action be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover attorneys fees and costs incurred in the defense of such lawsuit or cause of action, including any appeal arising therefrom, and including any judgments rendered against SkydiveToledo, LLC or any of the Releasees.

Indemnity Against All Claims: I agree to indemnify (reimburse) the Releasees and to hold them harmless from any and all losses, claims, actions, or proceedings of every kind and character, including attorneys fees, costs, and judgments which may be presented or initiated by any person or organization and which arise directly or indirectly from my participation in the activities covered by this contract, whether resulting from negligence or other fault, either active or passive, of any of the Releasees, or from any other cause.

Validity Of Agreement: I understand that if I institute, or if anyone on my behalf institutes a lawsuit, cause of action, or claim for damages against any of the Releasees because of injury to my person or property, or my death, as a result of my participation in the activities covered by this contract, this contract can and will be used in court and that agreements like this one have been upheld by courts in similar circumstances.

Total Agreement: I agree that this signed document is the total agreement between SkydiveToledo, LLC and myself. This agreement cannot be altered, changed or canceled by any verbal agreement with anyone. What is written and agreed to by both parties is the total agreement.

Applicable Law/Waiver of Jury Trial/Venue/Arbitration/Headings: I agree that the Law of the State of Washington shall apply to all issues involving the construction, interpretation, and validity of this contract and that Washington State Law shall govern any dispute arising from the activities covered by this contract. Should this contract be breached and suit is brought against any of the Releasees with the exception of the skydiving gear manufacturers S.E. Inc., d/b/a Strong Enterprises and The Uninsured Relative Workshop, Inc., d/b/a Relative Workshop, I hereby waive my right to a jury trial and Lewis County, WA shall be the sole venue of any such lawsuit. In the event a suit is brought specifically against S.E. Inc., d/b/a Strong Enterprises, I agree that the law of the State of Florida shall apply and I waive my right to a jury trial and agree that Orange County, Florida shall be the sole venue for any action brought against them. In the event a suit is brought specifically against The Uninsured Relative Workshop, Inc., d/b/a Relative Workshop I agree that the law of the State of Florida shall apply and I waive my right to a jury trial and agree that Volusia County, Florida shall be the sole venue for any action brought against them. I further agree that the Corporations, in their sole discretion, may compel me, my heirs, next of kin, distributes, executors, administrators, guardians, legal representatives and assigns to submit said claim to arbitration in accordance with the Arbitration Rules of the American Arbitration Association. I agree that the headings and the sub-headings used throughout the Agreement are for convenience only and have no significance in the interpretation of the body of this agreement.

Limitation of Warranty: The Releasees warrant that the equipment provided for skydiving activities has been previously used for skydiving activities. This is the only warranty made and is made in lieu of any other warranties, expressed or implied, including but not limited to warranty of merchantability or fitness for a particular purpose. I understand and accept this limitation of warranty.

Severability of Provisions: I agree that if any provision of this contract is found to be unenforceable or against public policy, only that provision shall fail and I agree to be bound by the remainder of the contract. I specifically waiver any unenforceablility or public policy argument that I could make or that could be made on behalf of my estate or by anyone who would sue the Releasees as a result of my participation in the activities covered by this contract. I agree that 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 Releasees shall be enforceable against me by Releasees.

Continuation Of Obligations: I agree that the terms and conditions of this contract 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 covered by this contract, and shall be binding upon my heirs, executors, administrators and personal representatives. This agreement supersedes and replaces any prior such agreement I have signed.

Physical Infirmities: I understand and agree that SkydiveToledo, LLC does not employ a medical doctor to assist in any determination as to my physical jump readiness or determination of my ability to withstand the rigors of skydiving and parachute jumping. I hereby state that the staff of SkydiveToledo, LLC has not advised me as to whether my physical condition is acceptable for jumping. I fully understand that my physical jump readiness is totally up to me and I accept full responsibility for it even though doing so may result in my injury or death.

Financial Responsibility: I understand that if I choose the AFF method of training, I will be using skydiving equipment valued at approximately $3,000. I understand that I am putting this equipment at risk should I land in an inappropriate area and damage the equipment. I agree that once the gearing-up process is completed I will be responsible for the safe use and condition of the equipment. I agree to be held financially responsible for any damage which may be caused to the equipment while under my care, such as losing the helmet or radio, losing the altimeter, hitting an obstacle and damaging the parachute, snagging or tearing the parachute on fences, doors or any form of transportation. I agree to reimburse any damage that I may cause by landing on something and damaging it or by causing damage to occur due to my unwelcome presence.

Waiver of Rights and Right to Legal Counsel: I understand that by signing this contract I am giving up important legal rights and that it is my intent to do so in order to skydive at this business. I understand that I have the right to consult independent legal counsel prior to signing this contract, but that I am freely giving up that right at this time so that I may train and skydive at my appointed time.

I HAVE CAREFULLY READ THIS DOCUMENT, FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL.