In consideration of Skydive the Ranch, Gardiner, NY, allowing the undersigned, hereinafter referred to as the "Participant," to utilize the facilities and participate in activities, including but not limited to skydiving, parachuting, aviation, ground transportation and other ancillary activities of Skydive the Ranch, it is agreed that: 1. Assumption of Risk: The participant knows and understands that skydiving, parachuting and all aspects of aviation associated with these activities present risks of permanent catastrophic injuries, disfigurement, or death. The participant understands the scope, nature and extent of the risks and voluntarily chooses to incur such risk. I Agree 2. Exemption from Liability: The participant releases Skydive the Ranch, The Ranch Parachute Club Ltd., Blue Sky Entertainment, Inc., Freefall Express, Inc., the United States Parachute Association (USPA) and all and manufacturers, distributers and dealers of parachuting equipment, these entities' and associations' operators, officers, agents, servants, employees, and lessors, from any and all liability, claims, loss or injury to the Participant of the Participant's property while upon the premises, aircraft, or vehicles of Skydive the Ranch or while participating in any of the activities of the activities contemplated by this Agreement; whether such loss, damage or injury results from the negligence of Skydive the Ranch, its operators, officers, agents, servants, employees or lessors or from any other cause. It is acknowledged that the Blue Sky Entertainment, Inc. is in no way involved of connected with the operation, business or facilities of Skydive the Ranch but merely leases to the Skydive the Ranch real property upon which Skydive the Ranch conducts its business. I Agree 3. Covenant Not to Sue: The participant agrees never to institute any suit of action at law, equity, or otherwise against Skydive the Ranch, Blue Sky Entertainment, Inc., Freefall Express, Inc., USPA, or any of the operators, officers, agents, servants, employees or lessors of these entities or associations. The Participant further agrees not to initiate or assist in the prosecution of any claim for damages or causes of action which the participant, the Participant's heirs, executors or administrators hereafter may have by reason of injury to the person or property of the Participant arising from the activities contemplated in this Agreement. I Agree 4. Indemnity Against Claims: The Participant will indemnify, save and hold harmless Skydive the Ranch, Blue Sky Entertainment, Inc., Freefall Express, Inc., USPA, and all the operators, officers, agents, servants, employees or lessors of these entities or associations from any losses, claims, actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the activities of the Participant while engaged in the activities contemplated by the Agreement. I Agree 5. Obligation to Pay Expenses: The Participant agrees to pay all the litigation costs of all the persons and entities identified in the Agreement, including all attorney fees, court costs, and disbursements incurred in any action or suit arising from or in part fro any of the activities contemplated by this agreement. I Agree 6. Continuation of Obligation: The Participant agrees and acknowledges the terms and conditions of the foregoing assumption of risk. Exemption from liability, covenant not to sue, indemnity against third party claims, and obligation to pay expenses shall continue in effect all times during which the Participant participates, either directly or indirectly, in the activities of Skydive the Ranch, and shall be binding upon the Participant's or his/her estate's heirs, executors and administrators. I Agree 7. By signing below, the Participant acknowledges that he or she has read all of the provisions above, fully understands the terms and conditions expressed there, and has freely accepted the provisions of the foregoing paragraphs relating to assumption of risk, exemption from liability, covenant not to sue, indemnity against clams, obligation to pay expenses, and continuation of obligations. The Participant should not sign this Agreement if he or she does not fully understand the above provisions. By signing this agreement you are giving up any right you may have now or in the future to sue the above identified persons and entities. If you or anyone else commences a lawsuit against any of the entities or persons identified above, you will be required to pay any judgment and all the legal expenses including attorney's fees of those sued. If you have any questions concerning the terms and conditions of this Agreement, you should consult a lawyer prior to executing this Agreement or participating in the activities contemplated by this Agreement. I Agree 8. Representation and Warranties: The Participant represents and warrants that it is incumbent upon him/her to ascertain his/her mental and physical capability to participate in the above mentioned activities safely, and represents and warrants that he/she is not under treatment nor has ever been in treatment for any mental or physical infirmity that would prevent him/her from safely participating in the above mentioned activities. I Agree 9. No Insurance Provision: The Participant acknowledges that Skydive the Ranch does not provide medical or life insurance. The Participant is responsible for his/her own insurance and any and all expenses in the event of injury or death. I Agree 10. Acknowledgement of Risk: The Participant acknowledges all of the following: Minor and major injuries can result from your participation in all phases of skydiving, aviation, and related activities.You are willing to risk minor and major injury or death while participating in all phases of skydiving, aviation, and related activities. I Agree 11. Newsletter: Skydive the Ranch may periodically send newsletters with coupons, notices, and events of Skydive the Ranch. The Participant acknowledges that he/she may opt-out any time by clicking on the bottom of the newsletter email. By way of acceptance of this agreement, the Participant has affixed his or her signature on December 11, 2024. UNINSURED UNITED PARACHUTE TECHNOLOGIES
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. In consideration of the Uninsured United Parachute Technologies, LLC, doing business as UPT Vector,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: 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. 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; (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; (C) Owners, suppliers, and operators of aircraft from which I am to make my intentional parachute jump; (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; (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; (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; (G) The owners and lessees, if any, of land upon and from which the parachute jumping and related aircraft operations are conducted; and (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) 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); 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. 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. 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. 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. 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. 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. 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. 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. 10) Viewing of Videotape: I have viewed and I warrant that I fully understand the accompanying "Tandem Vector Waiver" video. I freely and voluntarily agree to all of the above by signing this contract on December 11, 2024 at Skydive the Ranch, Gardiner, NY. |