In consideration for being permitted to rent and/or utilize the equipment of GOLD STATE GEAR, INC. and to engage in parachute jumping and related activities (hereinafter referred to as “parachuting activities”)
I, hereby agree as follows:
- I hereby forever RELEASE AND DISCHARGE GOLD STATE GEAR, INC. , its officers, directors, and employees (including company riggers), owners, and shareholders (hereinafter, “RELEASED PARTIES”) from any and all liabilities, claims, injuries and damages arising out of my participation in parachute activities, including, but not limited to, losses CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES, or obvious defects on the dropzone or in the equipment used.
- I further agree that I WILL NOT SUE OR MAKE A CLAIM against the RELEASED PARTIES for damages or other losses sustained as a result of my participation in parachuting activities.
I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney’s fees, incurred in connection with any action brought as a result of my participation in parachuting activities, including but not limited to, losses CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES, or hidden, latent, or obvious defects on the dropzone or in the equipment or aircraft used. THE INTENT OF THIS RELEASE IS TO RELEASE AND DISCHARGE THE RELEASED PARTIES OF ANY DUTY OF CARE TO ME WHATSOEVER INSOFAR AS IT IS POSSIBLE TO DO SO UNDER THE LAWS OF THE STATE OF CALIFORNIA.
- I understand and acknowledge that parachuting activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate, and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN PARACHUTING ACTIVITIES, INCLUDING THE RISK OF PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES or hidden, latent, or obvious defects on the dropzone or in the equipment or aircraft used.
- I have been advised and recognize that my parachuting activities and the parachuting equipment therein are not covered by any personal accident or general liability insurance policy issued to the RELEASED PARTIES.
- I understand that because of the unavoidable and unpredictable dangers involved in the use of parachutes, the RELEASED PARTIES are making no warranty of any kind, expressed or implied, concerning any and all equipment, aircraft, or facilities provided by the RELEASED PARTIES. PARACHUTING is a dangerous sport and associated equipment, such as PARACHUTES, DO NOT ALWAYS WORK the way they are expected. Furthermore, I understand that my stability and body position can drastically affect the operation of the parachute.
I understand that the parachutes provided by the RELEASED PARTIES are provided without any warranty that they are fit to use for any purpose whatsoever, without warranty of merchantability, and in particular without any warranty that they are fit to use in descending from an aircraft. Furthermore, I understand that there is no warranty that the parachutes have been packed without hidden defects in the packing. I UNDERSTAND I NEED NOT USE THE EQUIPMENT SUPPLIED BY A RELEASED PARTY, BUT I MAY USE MY OWN EQUIPMENT, IF IT IS APPROVED BY A CERTIFIED RIGGER.
The approval for use of any equipment by a rigger is not a warranty that the equipment is suitable for any purpose, but merely an opinion. I understand these disclaimers and I accept them.
- I understand that because of the nature of sport parachuting, it is impossible for an instructor to determine with any degree of certainty that I have been properly trained to participate in the sport, or that I have fully grasped and comprehended the instruction presented to me.
Furthermore, it is impossible for an instructor to predict how anyone will react under the high speed conditions and stress that are inherent in sport parachuting. For that reason, I understand that there is no warranty, whatsoever, as to the adequacy of training provided by the RELEASED PARTIES to me.
I understand that I will be required to warrant to the RELEASED PARTIES, that based upon my own evaluation of the training I have received, I believe that I have been adequately trained and that I can safely perform a parachute jump and cope with the high speed conditions and stress of sport parachuting before I will be allowed to make a parachute jump.
- I saw the video tape and heard the soundtrack of SKYDIVE ELSINORE WAIVER VIDEO before initialing and signing this document.
- I REAFFIRM MY ASSUMPTION OF THE EXTREME RISK AND DANGER SET OUT IN PARAGRAPH 3 ABOVE.
- As part of the consideration for my being allowed to rent or utilize GOLD STATE GEAR, INC. equipment, I PROMISE NOT TO SUE any of the RELEASE PARTIES for any cause of action whatsoever.
Furthermore, I realize that the damages to the RELEASED PARTIES for any breach of this promise are uncertain and difficult to establish and that in the event I breach this promise, I agree that the LIQUIDATED DAMAGES THAT I WILL BE LIABLE TO PAY EACH OF THE RELEASED PARTIES NAMED IN ANY LAWSUIT I MAY BRING IS $25,000.00 FOR EACH DEFENDANT. I further agree that this provision for liquidated damages shall apply to any action in which I am required to indemnify the RELEASED PARTIES and it shall be in addition to any award made to the third party in each suit.
- I certify that considering my lifestyle and the manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any, my children, if any, my heirs, if any, and all other persons dependent upon me so that in the event of my death, they will have suffered no financial loss.
- I further agree that in the event I have a claim against any of the RELEASED PARTIES arising out of my parachuting or skydiving activities, including an action for personal injury, it shall be a condition precedent to the filing of a lawsuit against any of the RELEASED PARTIES that the matter first be arbitrated by an arbitration board appointed by the board of governors of the society, and that the decision and finding of that board shall be final and binding upon all persons.
- It is further specifically agreed that venue and jurisdiction for any legal action arising of any matter which is the subject of this document shall be in the Superior Court of California, County of Riverside.
- If the court should decide that any clause in this contract is illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.
- I hereby certify that I do no suffer from any physical infirmity or chronic illness which would affect my ability to engage in parachute training and jumping, and that I am not now under treatment for any of the following
- Cardiac or pulmonary condition or disease
- High or low blood pressure
- Fainting spells or convulsions
- Hearing loss or impairment
- Kidney or related diseases
- Shortness of breath
- Nervous disorders
- Psychiatric disorders
I further certify that I am not on any particular medication and have not consumed 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 Parachute Center rules and regulations to take either alcohol or drugs while engaging in parachuting activities, and I agree to refrain from doing so.
15. I recognize that this waiver is not in lieu of the SKYDIVE ELSINORE WAIVER, but it is in addition to the SKYDIVE ELSINORE WAIVER.
The daily rate to rent GOLD STATE GEAR Rental/Demo equipment is $125.00 plus tax
WEIGHT LIMIT QUIDELINES
229 lbs (103.87 kgs) is the legal maximum body weight permitted to jump GOLD STATE GEAR Rental/Demo gear. If you weigh more than 229 lbs, GOLD STATE GEAR will be unable to provide you with Rental/Demo gear.
DEMO GEAR EQUIPMENT PACKAGE
All customers using GOLD STATE GEAR Demo equipment receive the same equipment package regardless if you are paying the daily rental rate or committing to the Complete Rig Demo Program. Items included and excluded in the equipment package are as follows:
- Reserve Canopy
- Main Canopy
Items not included in the package will be charged $15 each per day, except for ALTIMETERS/AUDIBLES which will be charged $20 per day. You are encouraged to purchase these items as soon as you can. We have a limited selection of rental jumpsuits and helmets to assist you in your purchasing decision.
Reservations are not permitted. Equipment is issued on a first-come first-served basis. GOLD STATE GEAR reserves the right to not have equipment available for you every time you come to GOLD STATE GEAR. Generally, customers who show up early on weekend mornings have their choice of equipment. There will be no reduction in price if your first choice of gear is not available.
GUIDELINES FOR EQUIPMENT USE
- Only the person signing an individual contract with GOLD STATE GEAR can use a Demo rig. No sharing is permitted under any circumstances, even if the person you want to share with has signed the rental waiver. Anybody that shares the equipment issued to them with another person will be asked to leave the program.
- Only one set of equipment will be issued to each person. Even if you want to pay extra to rent two rigs, this is not permitted to ensure there is enough equipment for everyone.
- No smoking while wearing GOLD STATE GEAR Demo equipment, this includes jumpsuits.
- You can either pack for yourself or use a designated dropzone packer. A GOLD STATE GEAR staff member will introduce you to them if you’re not familiar with the dropzone.
- If packing for yourself, “Psycho” packing is not permitted as per the manufacturers’ recommendations. GOLD STATE GEAR reserves the right to require you to use designated packers if we feel your packing skills are substandard.
- If packing for yourself, a Sun Cover packing mat is available for your use, if desired. It is your responsibility to keep the equipment out of the sun during packing, and when not in use.
- GOLD STATE GEAR Demo equipment will be used only during daylight hours at the dropzone from which you rented the equipment, and may not be taken to or used at any other location, NO EXCEPTIONS.
- GOLD STATE GEAR Demo equipment shall not be used for Canopy Relative Work (CRW), night jumps, balloon jumps, or pond swooping. Skysurfing, Wingsuit flying, Mr. Bill's, Rodeo jumps or freefall camera work (including Go Pros, Contours and other small cameras) can be done ONLY after receiving prior permission from GOLD STATE GEAR. Permission will be granted on a case-by-case basis.
- The equipment is intended for you to research what equipment, model and size you intend to purchase. You are expected to purchase your own set of gear as soon as this is determined.
RSL (RESERVE STATIC LINE)
Any skydiver who does NOT have an A License must use an RSL (Reserve Static Line) in compliance with the USPA’s Basic Safety Requirements (BSR’s).
If you do not have an A License, then the designated dropzone packers will be assembling and packing your GOLD STATE GEAR Demo gear for you and they will ensure the correct assembly of your RSL.
Once you receive your packing classes, your packing instructor will teach you the correct way to assemble and use your RSL and the correct way to disconnect and stow it when you have an A License and choose not to use the RSL.
In all cases, whether you packed for yourself or hired a packer, regardless of whether you plan to use the RSL or not, it is MANDATORY before every skydive to receive a gear check on the ground from a qualified person. We recommend a jumpmaster from the school perhaps in the loading area. If there are no jumpmasters around, then come into GOLD STATE GEAR and a staff member will perform your gear check.
Here is the USPA explanation of RSL’s as found in the Skydiver’s Information Manual (SIM) Section 5-3 EQUIPMENT:
RESERVE STATIC LINE (RSL)
- A reserve static line attaches to a main canopy riser to extract the reserve ripcord pin immediately and automatically after separation of the main risers from the harness.
- An RSL is recommended for all experienced jumpers.
- The RSL backs up the jumper by extracting the reserve ripcord pin after a cutaway.
- The RSL –
- Must be routed and attached correctly to function
- When misrouted, can complicate or prevent a cutaway
- RSL’s can complicate certain emergency procedures:
- Cutaway following a dual deployment
- Cutting away from an entanglement after a collision
- Unstable cutaway, although statistics show that chances are better from an unstable reserve deployment than delaying after a cutaway
- Unstable cutaway with a helmet camera or other protruding device
- Cutaway with a skyboard (although an RSL may have prevented two fatal skysurfing accidents)
- Cutaway on the ground in high winds
- Broken riser on the RSL side (results in a reserve deployment); prevention –
- inspecting and replacing worn risers
- packing for soft openings (tight line stows; see manufacturer’s instructions)
- stable deployment at slow speeds
- If temporarily disconnecting an RSL, care must be taken so it doesn’t interfere with the operation of the parachute system; consult a rigger.
- When using a reserve static line device, the skydiver must not depend on the static line device and must manually pull the reserve ripcord immediately after the cutaway.
- An RSL may not be desirable when attempting linked canopy formations (CRW)
- Unless the manufacturer’s instructions state otherwise, a connector device between the left and right main risers should not be used.
COLLAPSIBLE SLIDERS & PILOT CHUTES
The canopies you will be using have a drawstring or kill-line in the slider. Please collapse the slider after opening and before releasing your toggles. This reduces line damage caused by the slider vibrating during flight.
COLLAPSIBLE PILOT CHUTES
If you have a collapsible pilot chute (or kill-line), you need to reset it during packing to avoid a malfunction. If using a dropzone packer, the packer will reset if for you. Further training will be included with your packing class.
AADs (EXPERT CYPRES, CYPRES2, VIGIL 2)
All of GOLD STATE GEAR'S Demo/Rental containers are equipped wtih an AAD (Automatic Activation Device), whether it be an Expert Cypres, Cypres2 or an Vigil. You must be aware of how the device works before leaving the GOLD STATE GEAR premises with your Demo/Rental gear. A GOLD STATE GEAR staff member will instruct you on how to turn the device on and provide an explanation of how it works, if you are not familiar with it already. GOLD STATE GEAR has user guides for each AAD if you need to refer to them at any time.
I have been fully briefed on the use of the AAD that is installed in the Demo/Rental gear received. I am capable of turning the device on and understand how this device works.
GOLD STATE GEAR gear needs to be returned the way you received it:
- Canopy “rigger rolled” and lines daisy-chained, and cutaway from container
- Main D-bag and pilot chute removed from the canopy and secured inside the main pack tray
- Container free of mud, dust and grass stains (brushes will be provided if necessary)
- AAD left on (the unit turns itself off automatically)
- Return the equipment to the Pro Shop, or notify them that the rig has been given to the packer. Be sure to tell us how many jumps you made that day ( this is very important in helping us maintain accurate records on our equipment)
A $20 per day late fee will be charged to you if equipment is returned late to GOLD STATE GEAR. In order to avoid late charges, rental equipment must be returned to GOLD STATE GEAR immediately after your last jump. If your last jump happens to be the last daylight load of the day, you are required to return the gear within 20 minutes after you land.
If you do everything possible to make jumps and due to no fault of your own, the weather prevents you from jumping, then a weather credit may be granted:
0 jumps______full credit
1________half day credit
2 or more jumps________no credit
The credit will be applied towards your next rental. No cash refund will be given.
NOTES: *If the weather is bad for an hour and clears up again, no credit will be given if you leave before manifest closes for the day.
*If you rent our gear to take a packing class, you will be charged a full day rental, regardless if you jump or not.
DAMAGED/LOST EQUIPMENT & RESERVE RIDES
Rental customers are monetarily responsible for all equipment damage and packing of the reserve parachute if used. Rental customers will also be charged for any parts lost during regular use or use of the reserve parachute (handles, deployment bags, parachutes, etc.). Rental customers will be charged for all equipment that is lost, stolen, or damaged while checked out in their name.
*In the event of damage to the equipment you have rented, you must return the equipment immediately to the DZ store for inspection and evaluation. DO NOT KEEP JUMPING THE RIG!
- A routine reserve ride where you lose both handles and the freebag will cost between $350 and up to $500 (depending upon which Manufacture's recommended prices are).
- If you pay a packer to pack for you and you have a malfunction, you are still responsible for replacement charges, not the packer.
- If the equipment gets muddy, wet or grass-stained to the extent a wash is required, the customer is responsible for the cost. The cost of the disassembly, wash, reassembly, and repack is $200 +
You are required to come into GOLD STATE GEAR for a gear check before your first jump of the day.
FULLY GEARED UP and ready to skydive on a 10-15 minute call
Any violations of this agreement, or any failure to adhere to terms above, will be grounds for GOLD STATE GEAR to terminate this agreement. Features and specifications subject to change without notice by GOLD STATE GEAR.
I have read and fully understand the terms and conditions of the GOLD STATE GEAR Indemnity Agreement & Release of Liability, and am at least eighteen years of age, a current skydiver and USPA or FAI member. I also fully understand that GOLD STATE GEAR reserves the right to refuse equipment or service to anyone at any time that they deem necessary.
I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY; I FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL.
Date: October 6, 2022