Skydive the Falls LLC.
DROP ZONE CONTRACT December 21, 2024 REFUND POLICY The deposit of $100 fee you paid is for the training and holding your reservation. This is a NON REFUNDABLE deposit. Once fully paid there is no refund for any reason. If bad weather cancels your skydive you will have the option to reschedule to a later date. I Agree MEDICAL POLICY We do not employ a medical doctor to determine your physical jump readiness. If you have physical problems which may inhibit your jumping in any way, DO NOT JUMP and consult independent medical advice. Training and jumping consists of various procedures, any one of which can result in bodily injury. It is up to you to determine whether your body can handle the rigors of parachute jumping. BAD WEATHER POLICY In the event that it is determined that conditions are not safe for you to jump, you may return and make your jump during our open hours. If the time period between your training and your jump exceeds 30 days, you must attend another first jump class as a refresher. There is no charge for this additional retraining if you have not yet jumped. These are unavoidable facts of skydiving life: 1. The instructors, pilots, riggers and ground crew are humans who are capable of making mistakes, which may result in your injury or even death. 2. Your equipment has been designed by human beings and can malfunction. 3. Your training cannot be totally adequate because there is no physical way to simulate the freefall sensation while remaining on the ground. To simulate it, you must do it. 4. In order to skydive you must take the airplane ride. Jumping out of an aircraft is one of the most dangerous things that you can do. We tell you this repeatedly so that you cannot say we told you it was safe. It is not. We do NOT guarantee that either or both of your parachutes will open properly. We do NOT guarantee that our staff will function without error. We do NOT guarantee that you will land in the right field. 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! The human body is not designed for the downward impact you receive upon landing, and it may break. NEGLIGENCE is defined by Webster as "failing to exercise due care. YOU are negligent (failing to exercise due care) by even attempting to skydive. Negligence could also mean poor equipment, bad training, misrepresentations as to the safety of skydiving, physical or judgmental errors by the staff, or other unforeseeable situations. If training or equipment is not acceptable to you, or we misrepresented the safety of the sport, or if you think the staff is not capable of working with you, DON'T JUMP and insist on better gear, training, or different staff to help you. The time for these types of decisions is BEFORE you jump, not after. “I have read the explanation above.” MEDICAL STATEMENT I recognize that the sport of parachuting is a strenuous athletic endeavor requiring me to be in good physical condition, and that even if in good physical condition, I may suffer or become prone to knee, neck, back, or other degeneration or ailments. I hereby certify that I am not aware of and do not suffer from, any physical infirmities or chronic illnesses which would affect my ability to engage in parachute training or jumping including but not limited to the following list, and “I have read the explanation above.” - Cardiac or pulmonary condition or disease
- Diabetes
- High or low blood pressure
- Kidney or related diseases
- Fainting spells, convulsions, or epilepsy
- Shortness of breath
- Hearing loss or impairment
- Drug or alcohol dependency
- Neck or back soreness or injury of any kind
- Any impairment of alertness
- Nervous or mental disorders
- Any orthopedic, bone or musculoskeletal condition or injury of any kind
I further certify that I am not on any regular medication and have not taken any alcoholic beverages or drugs within the last twelve (12) hours. I also recognize that it is against Federal, State, United States Parachute Association and the rules and regulations of this drop zone to take either alcohol or drugs while engaging in parachuting activities and agree to refrain from doing so. ! NOTICE ! By signing this Contract/Agreement, Release of Liability and Assumption of Risk document you are giving up important legal rights. You are free to seek independent advice or counsel before signing. This is not the only the place that you may skydive. If you request, a list of other skydiving centers will be made available to you. Skydive the Falls LLC. reserves the right to refuse participation in "parachuting activities" to any person. THE AGREEMENTS BELOW ARE LEGAL CONTRACTS. Read each paragraph very carefully and make certain that you fully understand what the paragraph says and what you are signing. If you do not fully understand, or do not fully agree to the terms, DO NOT SIGN the paragraph. Your signature indicates that you agree to the terms listed. CONTRACT/ AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK In consideration of being permitted to utilize the facilities, equipment, or training provided by Skydive the Falls LLC or the services of any of its personnel or of any "Released Parties" as the term shall be defined herein to engage in parachute jumping, ground instruction, flying and related activities hereinafter collectively referred to as "parachuting activities", I hereby contractually agree as follows: 1) Parties Included: I understand that this Contract/Agreement, Release of Liability and Assumption of Risk includes Skydive The Falls LLC, their owners, agents, associated entities, officers, directors, shareholders, partners, employees, pilots, instructors, jumpmasters, riggers, assistants; aircraft owners, operators, pilots, mechanics; aircraft or other contractors of providers; all property owners; all airport owners, operators and fixed base operators; manufacturers of any and all parachute or other equipment and any person, or persons or entities involved with its sale or distribution; all municipalities and utilities; any individual, association, or corporation assisting in or associated with my "parachuting activities"; the United States Parachute Association and it members; all hereinafter collectively referred to as "Released Parties", which term shall include each person so released in his individual as well as any representative capacity and whether or not an employee, volunteer or independent contractor. I Agree 2) Risks Contemplated: This is made in contemplation of all "parachuting activities": included but not limited to parachute jumping, ground instruction, flying and related activities, the exit, free fall, time under canopy, the landing, any rescue operations or attempts by "Released Parties" whether on, above or off the area known as Shear Airport or any facilities used by "Released Parties". I Agree 3) I understand that I MAY BE INJURED OR KILLED, including but not limited to broken bones, internal injuries, dismemberment, disfigurement, disability, permanent or otherwise, in many ways while participating in "parachuting activities" including but not limited to falls from training equipment; collisions with or falls from aircraft, turning propellers, anything involving aircraft, other persons, parachutes, trees, power lines, buildings, structures, machinery, vehicles, the ground, or other objects, while on the ground, or in the air, while boarding the aircraft, in the aircraft, exiting the aircraft, during the jump, while landing or after the landing; drowning; electrocution; explosions; fire; malfunction of aircraft or parachute equipment; meteorological conditions; and acts of God. I Agree 4) Release of Liability: I hereby CONTRACTUALLY AGREE TO RELEASE AND DISCHARGE "Released Parties" from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries or damages arising out of my participation in "parachuting activities": even if caused by NEGLIGENCE, either active or passive, or other fault of "Released Parties". I Agree 5) Contract Not to Sue: I FURTHER CONTRACTUALLY AGREE THAT I WILL NOT SUE OR MAKE CLAIM AGAINST "RELEASED PARTIES" FOR DAMAGES OR OTHER LOSSES SUSTAINED AS A RESULT OF MY PARTICIPATION IN "PARACHUTING ACTIVITIES" EVEN IF CAUSED BY NEGLIGENCE, ACTIVE OR PASSIVE, OR OTHER FAULT OF "RELEASED PARTIES". I Agree 6) Indemnification and Hold Harmless: I also Contractually agree to INDEMNIFY AND HOLD "Released Parties" HARMLESS from all claims, judgments and costs, including but not limited to attorney's fees, and to reimburse them for any expenses whatsoever incurred in connection with any action brought as a result of my participation in "parachuting activities". I Agree 7) I hereby contractually agree to pay the sum of $250,000.00 (Two hundred fifty thousand dollars) to each and every "Released Parties" named in any suit or causes of action brought by me, my estate, my heirs, or anyone on my behalf, no matter how close or removed; as a result of my participation in "parachuting activities" I Agree 8) Assumption of Risk: I understand and contractually acknowledge that "parachuting activities" are inherently dangerous and that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY, VOLUNTARILY, AND IRREVOCABLY ASSUME RESPONSIBILITY FOR ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN "PARACHUTING ACTIVITIES": WHETHER OR NOT CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OR OTHER FAULT OF "RELEASED PARTIES" including but not limited to any: airport condition of Shear Airport, defect in the aircraft, equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area or surroundings, rescue attempts, bad landings, or any other injury I may sustain even if caused by negligence, active or passive, or any fault of "Released Parties" I Agree 9) Parties Bound by this CONTRACT: It is my understanding and intention that this Contract/Agreement, Release of Liability and Assumption of Risk be binding not only on myself, but on anyone or any entity, including my estate and my heirs, that or who may be able to or does in fact release "Released Parties", that is to say each and every one no matter how close or removed, from any and all claims or obligations whatsoever arising in any way from my participation in "parachuting activities" even if caused by the negligence, active or passive, or other fault of "Released Parties". I Agree 10) Limitation of Warranty: "Released Parties" hereby warrant that the equipment provided by "Released Parties" to include but not limited to aircraft and entire parachute system, has been previously used for "parachuting activities". This warranty is the only warranty made and is made in lieu of any other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose. I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. I Agree 11) I understand and acknowledge that my "parachuting activities" are not covered by any personal accident or general liability insurance issued to "Released Parties". I further assume and accept all responsibility for any damage, harm or injury of any nature my "parachuting activities" may cause to others. 12) I knowingly have contractually agreed to assume all risk of financial hardship in event of my injury or death as a result of my participation in "parachuting and related activities". 13) Duration of Release: It is my understanding and intention that this Release is effective not only for my first jump or plane flight, but also for all subsequent jumps or flights made with the facilities or equipment of, or in any way involving the personnel of or relying on the training provided by "Released Parties". I Agree 14) Enforceability: I agree that if any portions of this document should be found to be unenforceable or against public policy, then only such portions shall fall, but I specifically release any unenforceability or any public policy argument that I may make or that may be made on my behalf or by or on behalf of my estate or anyone who would sue because of my, or anyone's injury or death. I Agree 15) I hereby agree to contractually release any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by "Released Parties". I Agree 16) I hereby contractually agree, and it is my intention, that this contract document be broadly construed in favor of "Released Parties" and against me and that any and all ambiguities be resolved in favor of "Released Parties". I Agree 17) Validity of Contract: I hereby contractually agree and understand that if any suit, demands, claim for damages or cause of action are instituted by me or on my behalf for my personal injury or death or damage to my property resulting from "parachuting activities" that this Contract/ Agreement, Release of Liability and Assumption or Risk document can and will be used in court and that documents of this type have been upheld in courts in similar circumstances. I Agree 18) I hereby contractually agree that any and all claims, disputes or controversies whatsoever arising from or in connection with this contract shall be commenced, filed and litigated, if at all, before a court of proper jurisdiction located in Erie County, New York, USA. It is further agreed that in the event any lawsuit is filed other than in Erie County, New York, it shall be moved there on motion at the option of "Released Parties". I Agree 19) If I am making a student jump, I understand that I will be wearing a harness that will need to be adjusted by the instructor. If my jump is a tandem jump, I understand that the Tandem Instructor must attach my harness to his/hers and this will put my body in close proximity to the instructors. I understand that I may be touched, pushed, pulled, or adjusted in places that I consider to be private, personal, or offensive. I hereby acknowledge and accept this procedure and treatment; and contractually release the "Released Entities" from any claim of inappropriate physical or sexual contact, abuse, or harassment. I Agree 20) Media Release: I acknowledge that Skydive the Falls LLC can and will use any and all media which includes photos or video photography for current or future social media, advertising, or web designs. I release any and all media to Skydive the Falls LLC to and all photos and video to use in any way Skydive the Falls LLC sees fit. I acknowledge there are and will not be any royalities or compensation at any time for any media productions/ sources that may be featured. I Agree 21) Whole Agreement: I acknowledge that this is the WHOLE AND ENTIRE CONTRACT/AGREEMENT between me and the "Released Parties". I am relying on no other oral or other terms, representations, assurances or any written or printed materials of any kind. I HAVE CAREFULLY READ THIS CONTRACT/AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I UNDERSTAND IT IS A BINDING CONTRACT AND THAT NO ORAL REPRESENTATIONS OR STATEMENTS OF ANY KIND BY ANY PERSON CAN MODIFY THE RIGHTS AND DEFENSES IT CREATES IN THE "RELEASED PARTIES", WHICH RIGHTS AND DEFENSES MAY BE IN ADDITION TO THOSE AVAILABLE UNDER STATUES, THE COMMON LAW AND THE LAWS OF THIS JURISDICTION. I recognize in signing this CONTRACT I am giving up important legal rights, and it is my intention to do so. I have been advised that I am free to seek independent advice or counsel of my own choosing before signing this document. I further agree that should I for any reason fail to sign any part of this release, I will be deemed to have done so. STRONG ENTERPRISES IMPORTANT - READ BEFORE YOU SIGN. YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. VOLUNTEER PARACHUTE JUMPER ASSUMPTION OF RISK AGREEMENT (tandem passenger), hereby acknowledge that I have voluntarily applied to participate in parachuting instruction and training, culminating in a parachute jump at Skydive the Falls LLC (place of instruction and jump). I AM AWARE THAT PARACHUTE INSTRUCTION AND JUMPING ARE HAZARDOUS ACTIVITIES, AND AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ALL RISKS OF INJURY OR DEATH. In consideration of S.E. Inc. d/b/a STRONG ENTERPRISES, Strong Certified Tandem Instructors, and hereinafter referred to as "Corporations" allowing me the privilege of utilizing a dual harness, dual container parachute pack assembly owned by the Corporation for the purpose of my performing an intentional parachute jump and use of their facilities, I agree that: 1. REPRESENTATIONS, WARRANTIES AND ASSUMPTION OF RISK. I understand that I will be performing a parachute jump or jumps in a program under a temporary exemption to the Federal Aviation Regulations, which exemption was granted to S.E. Inc. d/b/a STRONG ENTERPRISES and Strong Certified Tandem Instructors, for tandem parachute jumps by persons wearing a dual harness, dual parachute pack. I understand that parachute jumping will expose me to risk of personal injury and/or death. I understand that the success of my jump depends upon the perfect functioning of the airplane from which I intend to jump and of the parachute system, but that neither the airplane nor the parachute system can be entirely depended upon to function perfectly, because each of them is subject to mechanical malfunction and operator error. For the thrill of participating in this activity, I freely and voluntarily choose to assume all the risks inherent in parachute jumping, including but not limited to risks of equipment malfunction or failure to function which may result from some defect in design or manufacture, or from improper or negligent operation or use of the equipment. I Agree 2. EXEMPTION FROM LIABILITY . I, my heirs, distributes, executors, administrators, guardians, legal representatives and assignors, exempt and release the Corporation, their officers, directors, agents, representative, servants, employees, and shareholders and suppliers and operators of airlift aircraft as well as the owners and lessees of land upon which the parachute jumping and related aircraft operations are conducted from any and all liability, claims, demands or actions or causes of action whatsoever arising out of damages, loss or injury to me or my property while participating in any of the activities contemplated by this Agreement, whether such loss, damage, or injury results from the negligence of any person or business or from any other cause. I Agree 3. COVENANT NOT TO SUE . I, my heirs, distributes, executors, administrators, guardians, legal representatives and assignors agree never to institute any suit or action at law or otherwise against the Corporation, their officers, directors, agents, employees, representatives, servants, shareholders, suppliers, operators of airlift aircraft, or against the owners or lessees of land upon which the parachute jumping and related aircraft operations are conducted, nor to initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, distributes, executors or administrators hereafter may have by reason of injury to my person or to my property arising from the activities contemplated by this Agreement. I Agree 4. INDEMNITY AGAINST CLAIMS . I hereby agree that, my heirs, distributes, executors, administrators, guardians, legal representatives and assignors will indemnify, save and hold harmless the Corporation, their officers, directors, agents, representatives, servants, employees, and shareholders, suppliers, and operators of airlift aircraft the owners and lessees of land upon which these activities are conducted from any and all losses, claims, actions, or proceedings of every kind and character which may be presented or initiated by any persons or organizations arising directly or indirectly from my parachute jumping. I Agree 5. CONTINUATION OF OBLIGATIONS . I agree and acknowledge that the terms and conditions or the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGAINST CLAIMS shall continue in full force and effect now and in the future at all times during which I participate either directly or indirectly in parachute jumping and shall be binding upon my heirs, distributes, executors, administrators, guardians, legal representatives and assignors of my estate. I Agree 6. Waiver of Jury Trial/Applicable Law/Venue Arbitration. I agree that the law of the State of New York shall apply to issues involving the construction, interpretation, and validity of this Contract. In the event this Contract is violated by bringing a lawsuit or claim against any of the organizations and/or persons described herein, I waive my right to a jury trial, and agree that Orange County, Florida shall be the sole venue for any suit or action arising from the activities covered by this Contract, to which jurisdiction I, on behalf of myself, my heirs, next of kin, distributes ,executors, administrators, guardians, legal representatives and assigns, agree to submit. I Agree 7. Damages, Attorney’s Fees and Costs. Should any suit or action at law or otherwise be instituted in violation of this Contract against any of the organizations and/or persons described herein, I, on behalf of myself, my heirs, next of kin, distributes, executors, administrators, guardians, legal representatives and assigns, agree that such organizations and/or persons shall be entitled to recover, in addition to any other damages which may be incurred, attorney’s fees and costs incurred in the defense of such action, including any appeals there from. I Agree 8. Headings. I agree that the headings and sub-headings used throughout this Contract are for convenience only and have no significance in the interpretation of the body of this Contract. I FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OR THE PROVINCE OR STATE IN WHICH THE PARACHUTE JUMP IS MADE, AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. I HAVE FULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO THIS RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND SKYDIVE THE FALLS LLC., AND/OR IT’S AFFILIATED ORGANIZATIONS, AND I HAVE SIGNED IT OF MY OWN FREE WILL. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE, THIS DATE: December 21, 2024 S.E. Inc. d/b/a STRONG ENTERPRISES Uninsured United Parachute technologies, llc TANDEM PARACHUTE JUMPER AGREEMENT This is an important legal document. Allow yourself suf- ficient 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, and , 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 un- derstand 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 function- ing 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 jump- ing, 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 compo- nent 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 para- chute 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 para- graph 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 al- leged 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, ex- ecutors, 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 at- torneys’ 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 any- one 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 Condi- tion: 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. (list infirmities, if not, state “none”) 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 Agree- ment, 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. 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 agree- ment 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. 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 the December 21, 2024 Skydive The Falls Youngstown, NY Signature: *Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein. FORM-218 Rev. 0 |
