AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK IN CONSIDERATION of being permitted to utilize the facilities and equipment of Crystal Coast Skydiving LLC (and its associated entities), to engage in parachute activities, ground instruction, flying and related activities hereinafter collectively referred to as “parachuting activities”, I HEREBY AGREE AS FOLLOWS - PARTIES INCLUDED. I understand that this Agreement, Release of Liability and Assumption of Risk includes Crystal Coast Skydiving LLC its agents, associated entities, officers, shareholders, partners, employees, pilots, instructors, jump masters, the owners of the aircraft and land utilized for “parachuting activities” the City of Beaufort NC, the United States Parachute Association and its members, manufactures, distributors and dealers of skydiving equipment, anyone working with or for Crystal Coast Skydiving LLC and anyone involved in my “ parachuting activities”, hereinafter referred to in this agreement, Release of Liability and Assumption of Risk as “Crystal Coast Skydiving LLC”
- RISKS CONTEMPLATED. This agreement is made in contemplation of “ parachuting activities”, included but not limited to parachute jumping, ground instruction, flying and related activities, the exit, free fall, time under the canopy, the landing, any rescue operations or attempts by “Crystal Coast Skydiving LLC” whether on, above or off of any facilities used by “Crystal Coast Skydiving LLC”
- RELEASE FROM LIABILITY. I hereby release and discharge “Crystal Coast Skydiving LLC” 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”
- COVENANT NOT TO SUE. I further agree that I WILL NOT SUE OR MAKE CLAIM against “Crystal Coast Skydiving LLC” for damages or other losses sustained as a result of my participation in “parachuting activities
- INDEMNIFICATION AND HOLD HARMLESS. I also agree to INDEMNIFY AND HOLD “CRYSTAL COAST SKYDIVING” 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”
- ASSUMPTION OF RISK. I understand and acknowledge that “ parachuting activities” are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN “PARACHUTING ACTIVITIES” WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF “CRYSTAL COAST SKYDIVING LLC” including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, bad landings, or any other injury I may sustain
- PARTIES BOUND BY THIS AGREEMENT. It is my understanding and intention that this 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 sue because of my injury or death, it is further my understanding and agreement that this Release is intended to and does in fact release “Crystal Coast Skydiving LLC” from any and all claims or obligations whatsoever arising in any way from my participation in “parachuting activities”
- LIMITATION OF WARRANTY. “Crystal Coast Skydiving LLC” hereby warrants that the equipment provided by “Crystal Coast Skydiving LLC” has been previously used for “parachuting activities”. This warranty is the only warranty made and is made in lieu of any other warranties, expressed or implied, including but not limited to warranty or interchangeability or fitness for a particular purpose. I HAVE READ THE ABOVE PARAGRAPH, ACKNOWLEDGE THAT I UNDERSTAND IT AND ACCEPT THE LIMITATION OF WARRANTY
- DURATION OF RELEASE. It is my understanding and intention that this Release and Agreement be effective not only for my first jump but for all subsequent jumps or activities in any way associated with “Crystal Coast Skydiving”
- ENFORCE ABILITY. I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be unenforceable or against public policy, that only that portion shall fail, but specifically waive any unenforceability or any public policy argument that I may make or that may be made on my behalf of my estate or by anyone who would sue because of my injury or death
- LEGAL RIGHTS. It has been explained to me, and I understand, that by signing this document, I am giving up important legal rights, and it is my intention to do so
- UNDERSTANDING/BINDING OF AGREEMENT. I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS ITEMS
DATED THIS DAY OF October 11, 2024. |