SKYDIVE VANCOUVER ISLAND INC.
MEDICAL STATEMENT FOR UNDERGOING PARACHUTE TRAINING AND JUMPING
I hereby certify that I am not aware of and am not under treatment for any physical infirmity or chronic ailment or injury of any nature and that I have normal vision or have corrective lenses, and that I have never been treated for any of the following:
- any coronavirus (including Covid 19);
- epilepsy (even if well controlled by drugs);
- severe diabetes which is poorly controlled;
- drug addiction or alcoholism;
- total deafness or exceedingly bad hearing;
- marked obesity;
- recurrent dislocation of the shoulder (unless it has been successfully treated surgically);
- large inguinal hernia (unless surgically corrected prior to taking parachute training);
- abnormal stress (if individual is over the age of 40, should show a normal stress ecg);
- severe asthma;
- cardiac or pulmonary condition;
- high or low blood pressure;
- fainting spells or convulsions;
- nervous disorder; or
- kidney or related diseases
I hereby certify and warrant that the statements contained above are true and correct to the best of my knowledge and belief. I further certify and understand that acceptance of this application by Skydive Vancouver Island Inc. will be made on the basis of the statements contained above, and such accepted application will become part of the agreement between Skydive Vancouver Island Inc. and myself to provide this service.
August 8, 2020
SKYDIVE VANCOUVER ISLAND INC.
WAIVER AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK
IN CONSIDERATION of being permitted to utilize the facilities and equipment of Skydive Vancouver Island Inc. (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:
1. PARTIES INCLUDED. I understand that this Agreement, Release of Liability and Assumption of Risk (this “Agreement”) includes R. Gordon Gauvin, Skydive Vancouver Island Inc., its agents, associated entities, officers, shareholders, partners, employees, contractors, volunteers, pilots, mechanics, instructors, jumpmasters, parachute packers, parachute riggers, any person for whom Skydive Vancouver Island Inc. is vicariously liable for, the owner of the aircraft (also including 1033389 BC Ltd., Ten Barrel Inc. (dba Nomad Air), and the owner of the land utilized for parachuting activities, including Culverden Holdings Ltd and Arbutus Meadows Event and Equestrian Centre Ltd, the Canadian Sport Parachuting Association (“CSPA”) and its members, anyone working, or volunteering, with or for Skydive Vancouver Island Inc., and anyone involved in my parachuting activities, hereinafter collectively referred to in this Agreement as SKYDIVE VANCOUVER ISLAND.
2. RISKS CONTEMPLATED. This Agreement is made in contemplation of all parachuting activities, included but not limited to: being on an active airport and parachute operations area, parachute jumping, ground instruction, flying and related activities, the exit, freefall, time under canopy, the landing, and any rescue operations or attempts by SKYDIVE VANCOUVER ISLAND whether on, above or off the area known as the SKYDIVE VANCOUVER ISLAND or any facilities used by SKYDIVE VANCOUVER ISLAND. In addition, I acknowledge and accept any risk due to the possibility of being infected by any coronavirus (including Covid 19) due to the nature of the parachuting operation and instruction.
3. RELEASE FROM LIABILITY. I hereby release and discharge SKYDIVE VANCOUVER ISLAND from any and all liability, claims, demands, or causes or action that I may hereafter have for injuries or damages arising out of my participation in parachuting activities even if caused by the negligence or any other fault of SKYDIVE VANCOUVER ISLAND.
4. COVENANT NOT TO SUE. Notwithstanding any other part of this Agreement, I further agree that I, OR ANY ONE CLAIMING FOR ME OR THROUGH ME, WILL NOT SUE OR MAKE ANY CLAIM against SKYDIVE VANCOUVER ISLAND (collectively or individually) for damages or other losses sustained as a result of my participation in parachuting activities even if caused by negligence or other fault of SKYDIVE VANCOUVER ISLAND. I understand that I can not make a claim for any damages associated directly or indirectly with my participation in a parachute jump. I agree and consent that SKYDIVE VANCOUVER ISLAND can dismiss without notice to me, any action, application, or claim brought anywhere in the world, by me or for me, at my cost.
5. INDEMNIFICATION AND HOLD HARMLESS. I also agree to INDEMNIFY AND HOLD SKYDIVE VANCOUVER ISLAND HARMLESS from all claims, judgments and costs, including but not limited to solicitor costs, and to reimburse them for any expense whatsoever incurred in connection with any action brought as a result of my participation in parachuting activities. In addition, I will defend SKYDIVE VANCOUVER ISLAND from any claim, action or application brought because of my participation in parachuting or being on the parachute operations area.
6. ASSUMPTION OF RISK. I understand and acknowledge that parachuting activities, like any other high-risk sport or activity, is inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN PARACHUTING WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF SKYDIVE VANCOUVER ISLAND including but not limited to: exposure to Covid 19, equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, bad landings, or any other injury (fatal or otherwise) I may sustain even if caused by negligence or any fault of SKYDIVE VANCOUVER ISLAND.
7. PARTIES BOUND BY THIS AGREEMENT. It is my understanding and intention that this Agreement be binding not only by 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 Agreement is intended and does in fact release SKYDIVE VANCOUVER ISLAND from any and all claims or obligations whatsoever arising in any way from my participation in parachuting activities, even if caused by negligence or other fault.
8. LIMITATION OF WARRANTY. SKYDIVE VANCOUVER ISLAND hereby warrants that the equipment provided by SKYDIVE VANCOUVER ISLAND 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 warrant of merchantability or fitness for a particular purpose.
9. DURATION OF RELEASE. It is my understanding and intention that this Agreement be effective not only for my first jump but for any subsequent jumps or activities in any way associated with SKYDIVE VANCOUVER ISLAND.
10. ENFORCEABILITY. I agree that if any portions of this Agreement are found to be unenforceable or against public policy, that only that portion shall fall, but I specifically waive any unenforceability or any public argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury or death.
11. 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
12. FORUM AND LAW. I agree that I, or anyone claiming through me or for the benefit of me or my heirs shall only bring such claim, action, or application, in the Courts of the Province of British Columbia. In addition, this Agreement and the parachute activities including all duties and damages, shall be interpreted and determined in accordance with the laws in effect in the Province of British Columbia.
14. FURTHER LIMITATION OF LIABILITY. Notwithstanding any other part of this Agreement, I agree that I shall limit any claim for my losses and damages to the value of twice the amount I paid (or someone paid on behalf of me) for the parachute jump.
15. PHOTOGRAPHS AND VIDEO. I agree that any photographs or video taken by Skydive Vancouver Island Inc. remains the property of Skydive Vancouver Island Inc. and may be used for any purpose they deem fit
16. UNDERSTANDING/BINDING OF AGREEMENT. I state that I have the ability and capacity to understand and agree to this Agreement. I hereby certify that I have read and understand the contents of this document and I wish to be bound by its terms.
Dated at Skydive Vancouver Island Inc. this August 8, 2020