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 the Ranch, Blue Sky Entertainment, Inc., Freefall Express, Inc., The Ranch Parachute Club, Inc. (“the Club”), the United States Parachute Association (“U.S.P.A.”) and all and manufacturers, distributers and dealers of parachuting equipment, William Richards, Philip Contorno, Flyers Inc. d.b.a. CAVU, Wallkill Airpark, Inc., these entities' and associations' operators, officers, agents, servants, employees, and lessors, from any and all liability, claims, loss or injury to the Participant or the Participant's property while upon the premises, aircraft, or vehicles of the Ranch or while participation in any of the activities contemplated by this agreement; whether such loss, damage or injury results from the negligence of The Ranch, its operators, officers, agents, servants, employees of lessors, or from any other cause. It is acknowledged that the Blue Sky Entertainment, Inc. is in no way involved or connected with the operation, business, or facilities of the Ranch, but merely leases to the Ranch the real property upon which the Ranch conducts its business. I Agree 3. Covenant Not to Sue: The Participant agrees never to institute any suit or action at law, equity, or otherwise against the Ranch, Blue Sky Entertainment, Inc., Freefall Express, Inc., the Club, U.S.P.A., William Richards, Philip Contorno, Flyers Inc d.b.a. CAVU, Wallkill Airpark, Inc. or any of the operators, officers, agents, servants, employees or lessors of the entities or associations. The Participant further agrees not to initiate or assist in the prosecution of any claim for damages or cause 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 by the Agreement. I Agree 4. Indemnity Against Claims: The Participant will indemnify, save and hold harmless the Ranch, Blue Sky Entertainment, Inc., Freefall Express, inc., the Club, U.S.P.A., William Richards, Philip Contorno, Flyers, Inc. d.b.a. CAVU, Wallkill Airpark, Inc., and all the operators, officers, agents, servants, employees or lessors of these entities or associations from any and all 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 this 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 this Agreement, including all attorney fees, court costs, and disbursements incurred in any action or suit arising from or in part from any of the activities contemplated by this Agreement. I Agree 6. Continuation of Obligation: The Participant agrees and acknowledges that 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 at all times during which the Participant participates, either directly or indirectly, in the activities of 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 assumtion of risk, exemption from liability, covenant not to sue, indemnity against claims, 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. And 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 participation in the activities contemplated by this Agreement. I Agree 8. Representation and Warranties: The Participant warrants that if he or she is not using parachute equipment provided by the Ranch, that the equipment used fully complies with all applicable Federal Aviation Regulations.The Participant represents and warrants that it is incumbent upon him or her to ascertain his mental and physical capability to participate in the above mentioned activities safely, and represents and warrants that he is not under treatment nor has ever been under treatment for any mental or physical infirmity that would prevent him or her from safely participating in the above mentioned activities I Agree 9. 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 10. Media Release: The Participant agrees that Skydive the Ranch may use photos/videos take during activities on the property which may include Participant's images in print or digitally for promotion, advertising, or marketing. I Agree 12. 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 October 11, 2024. |