WAIVER OF LIABILITY (please read carefully)
In order to induce Niagara Skydive Centre Inc. to permit me to participate in training exercises, aircraft flights and sport parachute jumps, and to use its facilities (collectively "Sport Parachuting"), I agree as follows (this “Agreement”):
I. Assumption of Risk
1. I realize and acknowledge that Sport Parachuting involves inherent risks and hazards, both foreseeable and unforeseeable, which can and do result in injury or death, including, but not limited to, injured or broken backs, legs, ankles, wrists, necks, and fingers; injuries or death from hitting the ground, water or obstacles, other jumpers, and aircraft; and airplane crashes. My participation in Sport Parachuting conducted by Niagara Skydive Centre Inc. shall be solely at my own risk and I VOLUNTARILY ASSUME ALL SUCH INHERENT RISKS AND HAZARDS.
2. I ACCEPT FULL RESPONSIBILITY for ensuring that any equipment that I bring to the drop zone for use in Sport Parachuting will be safe and suitable for its intended use. I am not relying in any way on Niagara Skydive Centre Inc. to ensure that my gear is fit and safe for Sport Parachuting.
II. Covenant Not to Sue, Waiver, Release and Discharge, and Limitation of Damages
3. I AGREE NOT TO SUE Niagara Skydive Centre Inc., and any person working with or for Niagara Skydive Centre Inc., and I HEREBY WAIVE, RELEASE, AND DISCHARGE Niagara Skydive Centre Inc. and its directors, officers and employees from any and all claims I may now and in the future have for personal injury, death, damage to property or loss of any kind and nature and however caused, INCLUDING NEGLIGENCE and BREACH OF DUTY OF CARE on the part of Niagara Skydive Centre Inc., in connection with my participation in Sport Parachuting.
4. I agree and acknowledge that the provisions of this Waiver of Liability extend to the following persons or entities on whose behalf Niagara Skydive Centre Inc. is acting as agent: Shoppers Drug Mart, The Royal Bank of Canada, the Canadian Sport Parachuting Association, the United States Parachute Association, aircraft owners, pilots, instructors, riggers, ground crew, parachute manufacturers, landowners, occupiers, employees, contractors, volunteers, and any other persons working for or with Niagara Skydive Centre Inc.
5. Notwithstanding any other part of this Agreement, I hereby expressly limit any damages I might claim or attempt to claim for, to 10 times the amount I paid Niagara Skydive Centre Inc. for the parachute activity.
6. I agree to assume the risk of any damages, injuries or disability which may develop or occur as a result of my participation in Sport Parachuting and I WILL HOLD Niagara Skydive Centre Inc., and any person working with or for Niagara Skydive Centre Inc., HARMLESS FROM ANY AND ALL CLAIMS therefor. Provisions of any local, provincial, federal or foreign statutes or judicial decisions providing in substance that releases shall not extend to such unknown or unsuspected claims, injuries or damages to the persons executing such releases are hereby expressly waived.
7. This Assumption of Risk / Waiver of Liability is binding on my heirs, assigns, executors, administrators, legal representatives and anyone else who may claim on my behalf.
8. All matters directly and indirectly relating to my parachuting activity at Niagara Skydive Inc., and relating to this Agreement (including interpretation and applicability), shall only be brought before the Courts of the Province of Ontario, and with sole reference to the law of Ontario and shall exclude the application of the law of Ontario relating to conflict of laws. Any translation of this Agreement is for the basis of understanding and the English version of this Agreement is the binding agreement and governs the interpretation of any and all rights and obligations.
9. I declare that in making this Assumption of Risk / Waiver of Liability I am of lawful age and legally competent, and I rely fully on my own judgment, belief and knowledge of the nature of this Assumption of Risk / Waiver of Liability and have not been influenced to any extent in making this Assumption of Risk / Waiver of Liability by any representations or statements made by any persons hereby released or any person representing them.
EXPLANATION OF WAIVER OF LIABILITY
Niagara Skydive Centre Inc. is a limited company providing general services to persons, clubs and organizations interested in participating in sport parachuting. Among other things, Niagara Skydive Centre Inc. provides and offers for sale training for first and subsequent parachute jumps; sale and rental of parachute equipment used for sport parachuting; rigging services including repair, maintenance and periodic repacking of both main and reserve parachutes; arranging for aircraft with pilots for use in the sport parachuting; and arranging for a field or property for sport parachutists to operate from and to land in.
Consistent with the growth of sport parachuting in the past decade is the emergence of personal injury lawsuits brought against various sport parachuting operations as a result of injuries suffered by a participant, often a student. Courts have set a high standard of care for sport parachuting instructors and damage awards can be crippling.
Niagara Skydive Centre Inc., its directors, officers, employees, contractors, aircraft owners, pilots, instructors, riggers, ground crew, landowners, occupiers, volunteers, and any other persons working for or with Niagara Skydive Centre Inc. (collectively "NIAGARA SKYDIVE CENTRE INC.") do not carry insurance for any such awards. They do not wish to risk everything they have worked for in exchange for your participation in a sport that is obviously dangerous.
For these reasons, NIAGARA SKYDIVE CENTRE INC. will agree to provide any of the services it offers including, but not limited to, training for a first and any subsequent sport parachute jump ONLY if you agree not to sue us if you get hurt for any reason at all, INCLUDING NEGLIGENCE on the part of NIAGARA SKYDIVE CENTRE INC..
These are unavoidable facts of sport parachuting:
1. Your instructors, coaches, pilots, parachute packers, other jumpers, and ground crew are human beings who are capable of making mistakes.
2. Your equipment is made by human beings and therefore is not perfect and can malfunction. NIAGARA SKYDIVE CENTRE INC. can not and DOES NOT offer any guarantee that the equipment used in making a sport parachute jump will work.
3. Your training can only be an approximation of the reality of sport parachute jumping as there is no totally adequate simulation for actually doing a sport parachute jump.
4. Sport parachuting is NOT perfectly safe. We can not offer any guarantees. We DO NOT guarantee that either or both of your parachutes will open properly. We DO NOT guarantee that NIAGARA SKYDIVE CENTRE INC. will function without error. We DO NOT guarantee that any of our back-up devices will function properly, and we CERTAINLY DO NOT guarantee that you won't get hurt. You may get hurt EVEN IF YOU DO EVERYTHING CORRECTLY.
NIAGARA SKYDIVE CENTRE INC. encourages membership in the Canadian Sport Parachuting Association (“C.S.P.A.”) and adherence to its policies. The C.S.P.A. is an association of jumpers dedicated to promoting safe sport parachuting in Canada. Membership in the C.S.P.A. is voluntary. The C.S.P.A. has developed a series of equipment and training recommendations, including a system for providing certificates of proficiency for both individual participants and sport parachuting instructors and riggers. Instructors employed by NIAGARA SKYDIVE CENTRE INC. have received their instructor rating from the C.S.P.A. Nevertheless, the C.S.P.A. cannot and does not regulate sport parachuting. The C.S.P.A. does not accept any responsibility with regard to NIAGARA SKYDIVE CENTRE INC. or your participation in sport parachuting.
The training methods and equipment used by NIAGARA SKYDIVE CENTRE INC. are consistent with industry standards. Nevertheless, injuries can and do occur. Typical injuries consist of broken legs, broken ankles, broken wrists or fingers, back injuries, injuries of all sorts (including death) due to hitting obstacles (eg. Jumpers, aircraft, powerlines, trees, buildings, roads and water), and death from hitting the ground too hard, including plane crashes. Like skiing and other high risk sports there is a chance you will hurt yourself even if you do everything properly.
On the reverse of this form is an Assumption of Risk / Waiver of Liability that we ask you to read carefully and then sign. This waiver is a legal contract binding you to give up the right to sue NIAGARA SKYDIVE CENTRE INC. for any reason, including NEGLIGENCE. As it pertains to you, "any reason" would include poor equipment, bad training, and misrepresentations as to safety, and errors by NIAGARA SKYDIVE CENTRE INC., or other unforeseeable situations. READ CAREFULLY and fully understand each paragraph. DO NOT sign the waiver unless you expressly agree to the terms.
“I have read the above explanation and understand and agree to the terms and conditions therein.”
Today's Date: August 24, 2019