Skydive the Falls LLC.
DROP ZONE CONTRACT
January 25, 2020
REFUND POLICY The deposit of $50 fee you paid is for the training. If you do not complete the training to the instructor's satisfaction you have two options: receive a $25 refund or attend another training class at a later date. Once aboard the aircraft there is no refund.
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.”
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
- 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.
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".
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.
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".
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".
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".
7) I hereby contractually agree to pay the sum of $125,000.00 (one hundred twenty five 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"
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"
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".
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.
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".
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.
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".
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".
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.
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".
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.
20) 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.
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.
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.
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.
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.
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.
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.
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.
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: January 25, 2020
S.E. Inc. d/b/a STRONG ENTERPRISES