WARNING: There are significant elements of risk and danger inherent in participation in sport parachuting and skydiving (referred to herein as the or this “activity”) which can result in serious injury and/or death.
ACKNOWLEDGMENT OF RISKS: I hereby acknowledge and recognize the risks and dangers inherent in this activity. These risks may result in serious personal injury or death, and include but are not limited to the following: 1) Falls during parachute jumps, skydiving or during the ascent or descent; 2) Cold weather related injuries including hypothermia, frostnip and frostbite which may result in loss of limbs, digits, and/or permanent scarring; 3) Heat related illnesses including heat exhaustion and heat stroke; 4) Altitude related sicknesses; 5) An “act of nature” which may include inclement weather, varied or severe wind, temperature or weather conditions; 6) Ground and air travel to or from the activity; 7) Equipment, vehicle, aircraft or parachute malfunction or failure; and 8) other accidents arising out of or occurring during instruction, training or participation in this activity. I also acknowledge that certain foreseeable and unforeseeable events can contribute to the unpredictability of the activity; that personal property may be damaged or lost; that I may suffer accidents or illnesses in places where there are no available medical facilities; and, that wearing appropriate clothing, and footwear as well as maintaining my own equipment in accordance with FAA regulations is my own responsibility, and may be basic safety precautions. I acknowledge and warrant that I am in good health, and that my physical health will not interfere with my participation in the activity.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of this type of activity which I and any minor children for which I am responsible, will engage in, I confirm that I am (we are) physically and mentally capable of participating in the activity and/or using equipment. I/we participate willingly and voluntarily and I assume full responsibility for personal injury, accidents or illness (including death), and any expenses as a result of my negligence or the negligence of any minor children for which I am responsible. I also assume responsibility for damage to or loss of personal property as the result of any accident that may occur.
I assume the risk(s) that my participation in this type of activity may involve bodily and/or emotional injury, including but not limited to personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck and/or spinal injuries; shock, paralysis, drowning, and/or death; and acknowledge that during the activity I/we may experience fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.
COVENANT OF GOOD FAITH: I recognize that SKYDIVE MESQUITE, as provider of services, will operate under a covenant of good faith and fair dealing, but that SKYDIVE MESQUITE may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group, and/or refuse or terminate, the participation of any person SKYDIVE MESQUITE judges to be incapable of meeting the rigors or requirements of participating in the activity. I accept SKYDIVE MESQUITE’S right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to sport parachuting and/or skydiving objectives.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
LIABILITY RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representative or assigns, do hereby voluntarily release, waive and discharge UNITED PARACHUTE TECHNOLOGIES. LLC, SKYDIVE MESQUITE, LLC, VERTICAL INVESTMENT STRATEGIES, LLC, SPOKANE TURBINE SKYDIVING, LLC, WEST PLAINS SKYDIVING, LLC, USPA and manufacturers, distributors and dealers of skydiving equipment, its principals, directors, officers, agents, employees and volunteers, from all liability and waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).
ARBITRATION: Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, including without limitation any claim related to illness, injury or death, shall be subject to the following conditions: 1) the dispute shall be settled by binding arbitration in Las Vegas, Nevada, or in any jurisdiction that SKYDIVE MESQUITE elects in accordance with the Commercial Arbitration Rules of the American Arbitration Association then existing; and 2) the dispute will be governed by Nevada law. This agreement to arbitrate does not waive or modify the liability releases contained in the foregoing paragraph.
KNOWING AND VOLUNTARY EXECUTION: I have read the foregoing acknowledgment of risk, assumption of risk and responsibility, and release of liability. I understand that by signing this document I may be waiving valuable legal rights.
Today's Date: April 12, 2021
ACKNOWLEGEMENT OF RISK:
I acknowledge that the world is in the process of fighting a pandemic relating to the virus COVID 19, manifested as Coronavirus. I acknowledge that COVID 19 has not been eradicated, continues to persist in a variety of environments, and has infected a significant portion of the world’s population. I acknowledge that in my participation of the activity of skydiving, I will come into close proximity and contact with pilots, skydiving instructors, skydiving participants and other individuals, and may be exposed to COVID 19 in the process. I acknowledge that my exposure to COVID 19 can result in my contracting the Coronavirus, which may result in life-threatening illness and death. I acknowledge that I am solely responsible for assuming risks that relate to my physical wellbeing, including the risk of exposure to COVID in conjunction with skydiving activities. I acknowledge that it is impossible for Skydive Mesquite to guaranty that I will not be exposed to COVID 19 during my participation of the activity of skydiving.
EXPRESS ASSUMPTION OF THE RISK/LIABILITY RELEASE:
I expressly and individually assume responsibility for those risks, including serious illness and death, relating to my potential exposure to COVID 19 in conjunction with my skydiving activities. I correspondingly release Skydive Mesquite from any obligation, liability or responsibility relating in any way to COVID 19, or my exposure thereto, in conjunction with my skydiving activities.
STATEMENT OF HEALTH:
In recognition of the safety and welfare of the employees and guests of Skydive Mesquite, I hereby affirm (1) that I have not been diagnosed with Coronavirus within the past 30 days, and (2) do not presently exhibit any known symptoms of Coronavirus, including fever, cough, shortness of breath, headache, runny nose or sore throat.
KNOWING AND VOLUNTARY EXECUTION:
I have read the foregoing COVID 19 Waiver, and agree to and acknowledge the terms of the same. I understand that by signing this document, I am waiving legal rights relating to the subject matter of this document, and freely and voluntarily do so.