Today's Date: April 12, 2021
AGREEMENT AND RELEASE OF LIABILITY
1. In consideration for being permitted to utilize the facilities and equipment of West Plains Skydiving, for the purpose of parachute jumping, ground instruction, flying, and other related activities, I being of lawful age (18 or older) enter into the following agreements with West Plains Skydiving.
2. Parties Involved in the Agreement:
I understand that this Agreement, Release of Liability and Assumption of Risk includes, but is not limited to, West Plains Skydiving, and any of its officers, agents, customers, associated entities, employees, volunteers, pilots, instructors, jumpmasters, the owners of the aircraft, the City of Ritzville, the owners of any land utilized for skydiving / parachuting activities, adjacent property owners, the United States Parachute Association and its members, manufacturers, distributors and dealers of skydiving equipment, anyone working with or for West Plains Skydiving, any manufacturer of any piece of equipment or gear which I may use or am using at the time of my INJURY, ILLNESS, or DEATH and anyone involved in any way, shape, form, or manner in my skydiving / parachuting activities, and specifically including but not limited to tandem or experimental test parachute jumping to include tandem parachute jumping, hereinafter collectively referred to as "released parties," and myself, to include my legal representatives, spouse and family members, heirs, and assigns.
3. Assumption of Risk Parachuting activities, including ground instruction, parachute jumping, flying, and related activities are inherently dangerous, injuries requiring professional medical care are not uncommon, and serious injury or death can and has resulted from participation in parachuting activities. 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. An inherent risk associated with skydiving is related to proximity near, boarding onto, flying in and exiting from aircraft. Aircraft present a high risk on the ground associated with propellers of idling aircraft. It is mandatory that jumpers remain behind the wings of all aircraft at all times. The flight to jump altitude involves one of the significant risks of the sport. It is possible that the heavily loaded plane could develop engine failure and need to make an emergency off-airport landing. This could result in significant injury or death to occupants in the aircraft. It is also possible to experience aircraft instability or inadvertent damage while jumpers are exiting the aircraft. This could result in injury or death to occupants in the aircraft. I understand that aircraft are the means to attain altitude to skydive and I am willing to assume that risk to participate in skydiving activities.
4. 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. Specifically, I understand and agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties, express or implied, are excluded from this transaction and that all equipment is purchased, rented, borrowed, or used in any way "as is".
5. Nature of Participants in Parachuting Activities I acknowledge that pilots, instructors, jumpmasters, radio operators, mechanics, my fellow parachutists, and all others involved with parachuting are fallible human beings, capable of making mistakes that could result in my injury, suffering, or death.
6. Voluntary Nature of Participation I agree that parachuting is of little value to society and that I am not under any compulsion to ride in or jump from an airplane. My participation is only for personal satisfaction and is entirely voluntary.
7. 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.
8. Agreement Not to Sue In consideration for being permitted to engage in parachuting activities by the 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 assigns to abide by my agreements with the released parties, including my promise not to sue.
9. Option to Purchase a Revised Agreement I am aware that my right to due process of law cannot be waived, and that the above promise is a contractual agreement in return for the opportunity to participate in parachuting activities. I have been offered the opportunity to purchase a revised document, omitting only the Agreement Not to Sue, for a price of $300.
10. Agreement 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.
11. Acceptance of Financial Resonsibility I understand that the released parties have no personal accident insurance or general liability insurance. I agree that I am solely responsible for any expenses, medical or otherwise, that I may incur from participating 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 also understand that West Plains Skydiving, is not responsible for lost, stolen, or damaged items.
12. Media Release I agree that if my image appears on any film or videotape taken at West Plains Skydiving, I am willing to allow West Plains Skydiving to use it for publicity, informational, or entertainment purposes at no charge. I also state my willingness to be named in such materials.
13. Use of Skydiving Videotape. I understand that I have been given the option to purchase a videotape of my skydiving experience, or allowed to videotape my own experience (via Go-Pro or similar device). Any use of my purchased or personal videotape for any commercial or for-profit venture is expressly forbidden, without the express, written consent of West Plains Skydiving. This shall not prohibit my personal use of any purchased or personal videotape, including such use on my own social media websites, including “YouTube” or similar sites, so long as I do not receive any compensation, remuneration, or advertising payments for use of my personal social media.
14. Continuation of Obligation I agree that all of the terms of this document apply any time now and in the future that I am engaged in parachuting and related activities at West Plains Skydiving.
15. Venue, Arbitration, Enforceability, and Ambiguities I agree that any actions arising 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 jurisdiction for any legal action arising out of matters that are the subject of this document will be in Spokane County, Washington. In any arbitration proceeding, I agree that the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs, including expert witness fees, incurred in the defense of any such proceeding. I also agree that any ambiguities in ths document shall be construed 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 force.
I hereby understand that I can be seriously injured or killed from parachuting and its related activities?
I hereby understand that by signing this document I am giving up important legal rights in exchange for the opportunity to participate in parachuting activities, and 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.
In spite of the above warning, I fully consent to all of the terms of this document and sign it with complete understanding and free will.