DANGER! PELIGRO! GEFAHR! PARACHUTE SYSTEMS SOMETIMES FAIL TO OPERATE CORRECTLY, EVEN WHEN PROPERLY MANUFACTURED, ASSEMBLED, PACKED, AND OPERATED. YOU RISK SERIOUS INJURY OR EVEN DEATH EACH TIME YOU USE THIS SYSTEM. You are about to sign the release of liability agreement not to sue. This legal document is a contract between us which states that we will do everything in our power to make it as safe as possible; however, you are jumping out of an airplane and anything could happen. So, by signing this document, you are stating that you and your family are assuming the risk of serious injury and/or death and agree never to sue Skydive Houston or any other parties involved. We will do our best to answer any questions you may have, but we are not lawyers or doctors so please read through the document carefully before signing. You may seek legal and medical advice before signing, and you will also watch a video before signing; so, please watch the UPT video carefully and then begin to sign your waiver. Thank you for choosing us and have a wonderful skydive!!!
WARNING!! - SKYDIVE IS A HIGH RISK ACTIVITY. It is recommended and encouraged that you seek legal counsel before initialing or signing this Waiver, Hold Harmless and Indemnification Agreement and Covenant Not to Sue. I know how to read, write and understand the English language, sufficiently to understand this document and to fully appreciate its nature and the consequences of each and every covenant contained in this Agreement and the consequences of my consent thereto. I understand and agree that this document is a legally binding contract and ANY JUMP TICKET, DEPOSIT or THIRD PARTY FEES ARE NON-REFUNDABLE if I decide to cancel for any reason, but it is transferable in case of inclement weather or with in a 48 hours notice. Transferable means I can just reschedule my jump to another date up to one year after my original booking date or have someone else to use my ticket, whether I sell or give it away. I understand all weather decisions are made by Skydive Houston pilots and instructors. In the case of inclement weather, clouds, or high winds, I will be notified via text message, email or phone call, with specific instructions prior to my scheduled jump. I understand and agree that, it is my responsibility to have an alternate date to reschedule my jump in case of inclement weather or if personal issues prevent from jumping on my first chosen date. I hereby certify that I'm not aware of, and not suffer from, any physical infirmities, nervous/mental disorders or chronic illnesses that would affect my ability to safely engage in parachute training or jumping, and that I am not now under any treatment for any physical or medical condition. I hereby state that I am of lawful age to enter into this Contract (18 years of age or older). I Agree I further certify that I am not on any regular medication and have not taken any alcoholic beverages and/or drugs within the last 12 (twelve) hours or scuba dived within the last 24 hours. I hereby certify that I am aware the max weight limit is 240 lbs for male and 220 for female and that I do not exceed that weight. If I were to exceed that weight I agree to be denied any services due to safety reasons. I agree to only be issued a partial refund which would be minus $50 day off cancellation fee that will be deducted of the total of my voucher. [inicial] I understand that if i pay the $50 Web Deposit Only, full price applies. After the initial deposit is made, I will have until 48 hours before the scheduled jump to complete my payment by calling the office. Any jump not completely paid for by 48 hours before the scheduled jump , will lose the discount and the full jump price will be charged at the time of my jump. Jump voucher is not refundable, even for 3rd party vouchers if I decide to cancel my jump for any reason. [inicial] I UNDERSTAND THAT THE SPORT OF SKYDIVING EVEN IF PROPERLY PRATICED COULD CAUSE SERIOUS INJURY OR EVEN DEATH. I RECOGNIZE THAT IT IS AN ADULT SPORT AND I AGREE TO TREAT IT AS A SUCH. I Agree May 11, 2024 WARNING! WARNING! WARNING! SKYDIVE HOUSTON INFORMS YOU THAT: SKYDIVING, PARACHUTING, FLYING AND ALL OF ITS RELATED ACTIVIES ARE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY AND PERMANENTLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING, PARACHUTING, FLYING OR ALL OF ITS RELATED ACTIVITIES. EACH INDIVIDUAL PARTICIPANT, REGARDLESS OF EXPERIENCE, HAS FINAL RESPONSIBILITY FOR HIS/HER OWN SAFETY. I UNDERSTAND THE RISKS AND DANGERS INVOLVED TO MY PHYSICAL PERSON. I HAVE BEEN ADEQUATELY INFORMED ABOUT THESE DANGERS AND RISKS AND I AM SUFFICIENTLY INFORMED TO SIGN AGREEMENTS WITH WHICH I WILLINGLY GIVE UP IMPORTANT LEGAL RIGHTS. I, the informed participant, represent and warrant that I have no physical infirmities, am not under treatment for any physical infirmity or chronic ailment or injury of any kind or nature; and have never been treated for, diagnosed or had any symptoms of the following: psychological disorder, cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, current pregnancy, alcoholism, back injury, neck injury, drug addiction, or use or any other disability which might in any way affect my ability to participate fully in skydiving, parachuting, flying or related activities. I have read the attached Agreement, Release of Liability and Assumption of Risk; I understand what it says and how it relates to the listed activities. I intend to be bound by the Agreement, Release of Liability and Assumption of Risk. I know that when I sign the Agreement, Release of Liability and Assumption of Risk, that I give up important legal rights. I Agree “Being properly informed and warned about the risks and the loss on important legal rights, I wish to participate in the activities of skydiving, parachuting, flying and all of its related activities.” I Agree I realize that skydiving, parachuting, flying and all of its related activities are inherently dangerous activities which may result in my serious injury or even death. SKYDIVE HOUSTON reserves the right to refuse service to anyone. I Agree I understand that all sales are final and that jump tickets or “Rain Checks” are issued for rescheduling in the event that a jump is canceled. Jump tickets are non-refundable and I will be required to bring my “Rain Check”, Gift Certificate or jump ticket in order to jump. The UPT Video provided with the waiver shows their refund policy, not ours. All 3rd party vouches are good only for the stated Promotional Value Term and must be used before promotional expiration . This includes rescheduling due to inclement weather or unplanned aircraft maintenance. Expired 3rd. party vouchers can be redeemed for an additional $100. Failure to show for a scheduled appointment or late arrival will result in loss of deposit/full payment/voucher! Last minute reschedule may incur a $50 reschedule fee. Deposit, where applicable, is not refundable, even for 3rd party vouches if you decide to cancel your jump for any reason. I Agree PLEASE NOTE: I understand that, booking time is when I will arrive to check in, NOT when I will be skydiving. If I arrive late for my reservation and checks in after my scheduled check-in time, a late check-in fee of $50* per person will be charged upon arrival. I Agree AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK In consideration of being permitted to utilize the facilities and equipment at SKYDIVE HOUSTON, at Skydive Houston Airport, Richard D. Davis, LLP. and the City of Waller, TX to engage in parachute activities (including but not limited to, interaction, observing, any instruction and training, flying and related activities, parachuting, skydiving, free fall, Tandem jumping, Relative Work and all related activities) hereinafter collectively referred to as “parachuting activities,” I HEREBY AGREE AS FOLLOWS: (1) I know and fully appreciate that parachute jumping activities expose me to the risk of personal injury and even death. I fully appreciate the dangers and voluntarily, expressly, assume these risks. (2) I also understand and agree that due to the close proximity of the equipment to certain parts of my body, that I may be touched by another person on or near certain parts of my body during equipment adjustments at any part or time of my skydive and/or safety checks that might not be appropriate under other circumstances, but that are necessary and appropriate for the equipment check, for the safety purpose and/or sport of parachuting. I Agree (3) PARTIES RELEASED FROM LIABILITIES: It is my understanding and intent that this Agreement, Release of Liability & Assumption of Risk, specifically include the following as those parties whom I fully release from all liability: (A) Skydive Houston (a Texas Corp., and associated entities), One Way Up, LLC (a Texas Corp.), 9 8 X, LLC. (a Delaware Corp.), Skydive Rio International, Inc. (a Florida Corp.), MK Skydiving Services, LLC (a TX corp.), Skydive Cape Cod, Inc. (a Massachusetts Corp.), DSGMD, LLC ( a TX corp.) Richard D. Davis, LLP (a TX corp.), Skydive Houston Airport (37XA), the City of Waller, and all/any of their or its officers, directors, shareholders, agents, representatives, servants, employees, volunteers, pilots, instructors, contractors, jump masters, owners of aircraft, parachute packers/riggers and associated entities; (B) The owner of record of any land utilized for “parachuting activities,” including the beneficiaries of any Realty Trust or inter-vivos Trust; (C) The United States Parachute Association (USPA), its officers, directors, agents, representatives, servants, employees, volunteers and its members: (D) All vendors and/or suppliers of materials, accessories or equipment for “parachute activities” including but not limited to the manufactures of the equipment, its officers, directors, share holders, and all associated entities, including their officers, directors, share holders, partners, employees, and all other persons in any way associated with any entity mentioned in the body of this document: (E) any other party or entity mentioned in the body of this document by name or by category: (F) And anyone involved in any manner in my “parachuting activities” (such activities specifically includes but is not limited to; Tandem Jump, Skydiving Instruction, Solo Jump, Group Jump, or Experimental Test Parachute Jumping.) All parties enumerated in this paragraph shall hereinafter be collectively referred to in this Agreement, Release of Liability & Assumption of Risk as “Skydive Houston” shall be constituted as incorporating by reference all of the parties enumerated in this paragraph as if their individual names had been set forth in full. (4) RISKS CONTEMPLATED: This Agreement, Release of Liability & Assumption of Risk is made on contemplation of all “parachuting activities,” including the foreseen and unforeseen which shall include, but is not limited to, parachute jumping (Tandem Jump, Skydiving Instruction, Solo Jump, Group Jump or Experimental Test Jumping or otherwise) ground instructions, flying and related activities, any aircraft ground and in the air operations, the exit from the plane, skydiving, free fall, time under the canopy, the landing and/or any rescue operations or attempts by “Skydive Houston”. I further understand and agree that the unforeseen may happen and that it is not possible for any person or entity to eliminate all the risks or possibilities of error that can occur while engaging in “parachuting activities”. Therefore, I specifically include in this Release any injury resulting from any occurrence, whether foreseen or unforeseen, whether mental, physical, psychological, emotional or otherwise, and whether contemplated or not contemplated. (5) RELEASE FROM LIABILITY: I hereby Release and Discharge “Skydive Houston” from any and all liability, claims, demands or causes of action (at law or equity) that I may hereafter have for injuries or damages arising out of my participation in “parachuting activities,” even if caused by the negligence, in any degree, or fault of “Skydive Houston” (6) COVENANT NOT TO SUE: I hereby agree that I will not sue or make any claim of any nature whatsoever against “Skydive Houston” and its associates for personal injuries or other damages or losses sustained by me as a result of my “parachuting activities” even if such injuries or other damages or losses sustained by me as a result of my “parachuting activities” are caused by the negligence, in any degree, or other fault of “Skydive Houston” (7) INDEMNIFICATION AND HOLD HARMLESS: I hereby agree to Indemnify and forever Save and Hold “Skydive Houston” harmless from all claims, judgments and costs (including but not limited to “Skydive Houston” for any expenses whatsoever incurred in connection with any action brought by myself or brought on my behalf or brought by the representatives of my estate. (8) ASSUMPTION OF RISK: I understand and acknowledge that “parachuting activities” are inherently dangerous and that I hereby EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN “PARACHUTING ACTIVITIES” WHETHER SUCH RISK IS FORESEEN OR UNFORESEEN, CONTEMPLATED OR NOT CONTEMPLATED AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE, IN ANY DEGREE, OR OTHER FAULT OF “Skydive Houston” including but not limited to, equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, bad landings, Act of God (weather phenomena), Dust Devils, Turbulence, Down Drifts, Up Drifts, Gusty Winds and/or any other injury I may sustain even if caused by the negligence, in any degree, or other fault of “Skydive Houston” (9) PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability & Assumption of Risk be binding not only upon anyone or any equity (including but not limited to my Estate, heirs and assigns) or who may be able to or does sue because of my injuries, damages or death. It is my further understanding and agreement that this Agreement, Release of Liability foreseen and unforeseen, contemplated and not contemplated, of any nature whatsoever arising in any way from my participation in “parachuting activities” even if caused by the negligence, in any degree, or other fault of “Skydive Houston” (10) LIMITATION OF WARRANTY: “Skydive Houston” hereby warrants the equipment provided by “Skydive Houston” has been previously used for “parachuting activities.” This warranty is the only warranty made to me by “Skydive Houston” and is made in lieu of any other warranties (expressed or implied) including but not limited to warranty of merchantability of fitness for a particular purpose. I Agree (11) DURATION OF RELEASE: It is my understanding and intention that this Release and Agreement be effective not only for my first jump but is intended to include any and all subsequent jumps or activities at any time in any way associated with “Skydive Houston” from since the date I execute this Agreement and Release. (12) ENFORCEABILITY: I agree that if any portion of this Agreement, Release of Liability & Assumption of Risk is found to be unenforceable or against public policy, that only that portion shall be deleted, but I HEREBY SPECIFICALLY WAIVE any unenforceability or any public argument that I may make or that may be made on my behalf of my Estate or by any other person or entity that would sue because of my injury, damages, or death. (13) I hereby agree to waive any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by “Skydive Houston” (14) I HEREBY AUTHORIZE “Skydive Houston” or its assignee's to take photographs and videos, in any medium, as they may deem appropriate of myself or of my party and to use those photographs in such a manner as they may deem appropriate, including in any advertising, websites, or literature. I specifically waive any interest, proprietary or otherwise, I may have in such photographs and videos and acknowledge that Skydive Houston shall be the sole owner of the copyright of any such materials produced, in any manner. If Skydive Houston is unable to provide me with the skydive video or photo product due to technical issues a refund for the video or photo product purchased will be issued. If only a portion of my video or photo product fails I will be issued with a refund for the balance of the amount paid less the value of the product actually received. Videos or pictures purchased through Skydive Houston will be tested on the day of my tandem skydive. Videos or pictures are available to all purchasers for viewing on that same day, should I wish to view it. My acceptance of the video or photos on the day of my tandem skydive will be deemed as my approval of the video being in full working order. No refunds will be made available after my departure from the Skydive Houston facility for those videos that I, myself, deem unsatisfactory. Whilst it is not mandatory to book a video or photographs it is advisable, as on some occasions a late change of mind may result in disappointment. In case of any malfunctions with video or pictures after 48 hours we will chagre the amount needed for delivery rushed service. (15) LACK OF INSURANCE: I understand that Skydive Houston and the Released Parties carry NO INSURANCE of any kind to cover any loss I may sustain. This means that they carry no medical insurance, no liability insurance, no life insurance, no property damage insurance and no wage loss insurance. (16) I hereby agree to pay for any and all damages to any and all equipment, parachutes, aircraft, grounds or airport properties which may occur during my “parachuting activities,” that is caused by my actions or me. (17) ASSIGNMENT OF PROCEEDS: In the event that I (or anyone on my behalf or any representative of my Estate) file a lawsuit against “Skydive Houston” and funds (or any tangible objects or assets) are in fact collected, then I hereby irrevocably agree to pay 100% of such funds (or tangible objects or assets) to a nominee, to be selected by “Skydive Houston” with the understanding that such funds ( or tangible objects or assets) be distributed among the entities that constitute “Skydive Houston” including but not limited to the person or entity against whom a judgment was obtained and funds (or tangible objects or assets) were collected. I further agree that in the event that I (or anyone on my behalf or any representative of my Estate) hire an attorney to pursue any lawsuit against “Skydive Houston” That I or (such person or entity on my behalf or such representative of my Estate.) will be solely and personally responsible to pay an attorney hired by me (or any attorney hired by anyone on my behalf or any attorney hired by the representative of my estate.) In no case shall any attorney hired by me (or any attorney hired by anyone purporting to act on my behalf or any attorney acting on behalf of my Estate) be permitted to seek to collect their fees from “Skydive Houston” and no attorney fees shall be deducted from any sum (or tangible objects or assets) to be paid by “Skydive Houston” (18) It is my understanding and intent that this assignment is irrevocable and will supersede any subsequent assignment of funds or fee agreement, which I or anyone may enter into on my behalf with any attorney or law firm. I further agree that this paragraph is separate and apart from the indemnification for attorney fees I have signed which is part of this Agreement. I further agree and understand that in addition to paying the proceeds (in whatever form that takes) that I (or anyone on my behalf or any representative of my Estate) will be totally and wholly responsible for any and all attorney fees charged or billed by any attorney or law firm representing me (or my Estate) . (19) It is my intention and agreement with “Skydive Houston” that this document be broadly and liberally construed in favor of “Skydive Houston” and against me (or anyone purporting to act on my behalf or any representative of my Estate) and that all ambiguities be resolved in favor of “Skydive Houston” (20) Adequate Provisions for Survivors: I certify that considering my lifestyle, the ultra hazardous nature of the skydiving activities in which I am about to engage, and the manner in which I am supporting my dependents; if any; I have made adequate provisions for my spouse, if any, my heirs, if any, and all other persons dependent upon me so that in the event of my death or injury they will suffer no financial loss for which I have not made adequate provision. (21) NON-MODIFIABLE: I have been advised and I understand and agree that this AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK and its contents may not be modified except in writing, and if modified in writing, the modifications shall be enforceable only against that person or entity whose signature appears thereon. I further state no oral representations, promises or warranties have been made to me, other than what appears in this document. And further that I am not relying on any oral statements, representations, promises or warranties that have been made to me, other than what appears in this document and further that I am not relying on any oral statements, representations or warranties made outside of this agreement. (22) WAIVER OF JURY TRIAL AND CONSENT TO CHOICE OF LAW AND VENUE: The procedural and substantive law of the State of Texas shall apply to any and all issues involving the construction, interpretation and validity of this Agreement, and Texas procedural and substantive law shall govern any dispute between the parties hereto arising from the activities covered by this Agreement. All provisions of this Agreement to the contrary notwithstanding, if suit is brought against any of the “Released Parties.” I hereby expressly waive my right to a jury trial and agree that the Courts of Waller County, Texas shall be the sole venue for any suit or action arising from the activities covered by this Agreement. (23) VALIDITY/ENFORCEMENT IN WHOLE AND IN PART I understand and agree that this document is a legally binding contract. I further agree that should any Court determine that any clause or provision of this contract is illegal or otherwise unenforceable, such determination shall not affect the validity and enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. I further agree that if any portions of this document are found to be against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any public policy argument that I may make, or that may be made on behalf of myself, my estate or by anyone or any entity who or which could or does sue because of my INJURY OR DEATH. UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS MULTIPLE PAGE AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK DOCUMENT AND THE WARNING FROM “Skydive Houston” AND THAT I INTEND TO BE BOUND BY THESE TERMS AND CONDITIONS. I HEREBY STATE THAT I HAVE SIGNED A SEPARATE ACKNOWLEDGMENT OF UNDERSTANDING OF RISKS AND RESPONSBILITIES OF SKYDIVING AND I FURTHER STATE THAT I FULLY UNDERSTAND THAT BY SIGNING THESE DOCUMENTS I INTEND TO FOREVER GIVE UP IMPORTANT LEGAL RIGHTS FOR MYSELF AND/OR MY ESTATE AND HEIRS. I have read and affixed my initials to the cover page and to each of all the preceding paragraphs of these seven (7) pages documented on this date: May 11, 2024 Executed at Waller County, Texas. 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 doing business as United Parachute Technology and Skydive Houston 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 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. I Agree
2) Exemption and Release from Liability: I exempt and release the following persons and organizations: I Agree
(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 dualharness, 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 and 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 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. 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 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. 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 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 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. I agree to list my infirmities below. I Agree 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 anyof 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 Videotape: I have viewed and I warrant that I fully understand the accompanying “Tandem Vector Waiver” video tape. I freely and voluntarily agree to all of the above by signing this contract on this date: May 11, 2024 at Waller, Texas. *Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein.
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