RELEASE OF LIABILITY AND
AGREEMENT NOT TO SUE, INDEMNIFICATION,
HOLD HARMLESS, LIMITATION OF WARRANTY
We all know that these are uncertain times. The risks of COVID-19 are not well understood, and there is controversy among the experts on how the virus can spread and difficultly in scientifically determining whether anyone has the virus at any moment in time. To date, there is no way to fully protect customers of Skydive KY or any skydiving center against COVID-19.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious, and its believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing. They have, in many locations, prohibited the congregation of groups of people. We continue to monitor the situation closely. We will adapt business practices utilizing guidance from the CDC and kycovid19.ky.gov.
We all know that the Centers for Disease Control and Prevention has recommended that all businesses follow certain guidelines while reopening their businesses. At the same time, the White House has encouraged opening businesses even before those businesses are able to follow the safe practices guidelines, designed to protect customers and employees. Skydive Ky (“SDKY”) is not an expert in the risk analysis of COVID-19. We do not have to reopen until all risk has bee removed by the discovery and administration of an effective vaccine. However, we are willing to open and provide skydiving and related services to you if you are willing to accept all risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19. I understand and voluntarily accept the heightened risk of exposure or infection by COVID-19 by my participation in skydiving, ‘skydiving instruction, transport to altitude via aircraft (from point ‘a’ to point ‘a’) the use of facilities vehicles, and equipment of SDKY, in-store retail sales, and parachute rigging services’ (“related activities”). I accept the increased risk of exposure or infection that may result in personal injury, illness, permanent disability, and death to me and others I may pass my exposure on to.
I understand that social distancing can not be maintained while participating in skydiving and its related activities. I further acknowledge and understand that skydiving requires physical contact (including being physically strapped to others) that are necessary by the nature of skydiving. Physical contact we can not avoid. I understand that physical contact with others and inability to social distance heightens the risk of becoming exposed to or infected by COVID-19 while participating in skydiving and its related activities.
In consideration for SDKY providing skydiving, and its related activities by signing you agree to accept all responsibility for the risk that you may contract COVID-19. While we are taking your safety and that of our staff very seriously, by employing recommended safety initiatives, we cannot guarantee that any of these measures will completely protect you from contracting COVID-19 or that we can implement these procedures without error.
NOW THEREFORE, in consideration for SDKY providing products and services, I agree that should I contract COVID-19 I will indemnify and hold SDKY, its’ officers, agents, servants, employees, staff, independent contractors, volunteers, suppliers, equipment manufactures, associations and landowners, and their successors and assigns’ (“vendors”), harmless from any and all claims for damages should I contract COVID-19 from my receiving skydiving services, and its related activities.
I further agree that I will not file, nor cause to be filed, nor participate in any lawsuit against SDKY or its vendors, and any other person who may be in any way connected with skydiving, and its related activities, including but not limited to owners of SDKY and its vendors with whom I am receiving skydiving, skydiving instruction and its related activities, including SDKY and its vendors for injuries and/or death as a result of contracting COVID-19.
I agree that if I take any steps to make a claim for damages for contracting COVID-19 against SDKY, its vendors or any other released parties arising out of my receipt of skydiving, skydiving instruction, and its related activities, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim.
I acknowledge that I can go elsewhere to skydive, and I acknowledge that SDKY is not the only skydiving center where I can have these products and services. By signing this Agreement, I acknowledge that I am free to go to other skydiving centers who may not require my agreement to accept responsibility for contracting COVID-19. I hereby chose to receive skydiving, skydiving instruction, and its related activities from SDKY.
I addition, I agree that if any dispute or claim relating in any way to the services provided by SDKY, pursuant to the terms of this agreement, will be resolved by binding, individual arbitration, rather than in court. I agree that arbitration shall be governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects.