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: January 19, 2021
Uninsured United Parachute Technologies, LLC
TANDEM PARACHUTE JUMPER AGREEMENT
Today's Date: January 19, 2021
This is an important legal document. Allow yourself sufficient time to carefully read and understand the entire document, because by signing it, you are agreeing to give up certain legal rights.
In consideration of the Uninsured United Parachute Technologies, LLC, doing business as UPT Vector, and INSERT COMPANY NAME HERE, hereinafter referred to as "Corporation", allowing me the privilege of utilizing a dual-harness, dual container parachute pack assembly (also known as a "tandem parachute system"), designed, manufactured and/or assembled by the Uninsured United Parachute Technologies, LLC, d/b/a UPT Vector, for the purpose of performing an intentional parachute jump, I agree that:
1) Representations, Warranties, & Assumptions of Risk: I understand that parachute jumping will expose me to the risk of personal injury, property damage and/or death. I understand that the success of my jump is dependent upon the perfect functioning of the airplane from which I intend to jump and the parachute system, and that neither the airplane nor the parachute system can be guaranteed to function perfectly. I understand that the airplane and the parachute system are both subject to mechanical malfunctions as well as operator error. I freely, voluntarily and expressly choose to assume all risks inherent in parachute jumping, including, but not limited to, risks of equipment malfunction and/or failure to function, including those which may result from some defect in design, assembly, and/or manufacture as well as those risks arising from improper an/or negligent operation and/ or use of the equipment, for and in consideration of the thrill of participation in this activity, understanding full well that those risks may include personal injury, property damage, and/or death.
2) Exemption and Release from Liability: I exempt and release the following persons and organizations:
(A) The Corporations and their officers, directors, agents, servants, employees, shareholders, and other representatives;
(B) Manufacturers, designers, and suppliers of component equipment incorporated in the dual-harness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump;
(C) Owners, suppliers, and operators of aircraft from which I am to make my intentional parachute jump;
(D) The owner of the dual-harness, dual-container parachute pack assembly, and any of its components, to which I will be attached during my intentional parachute jump;
(E) The operator ("parachutist in command") of the dualharness, dual-container parachute pack assembly to which I will Uninsured United Parachute Technologies, LLC TANDEM PARACHUTE JUMPER AGREEMENT be attached during my intentional parachute jump;
(F) If I am making my intentional parachute jump at or near a parachuting/skydiving facility, the owners and operators of that facility, as well as their officers, directors, agents, servants, employees, shareholders, and other representatives;
(G) The owners and lessees, if any, of land upon and from which the parachute jumping and related aircraft operations are conducted; and
(H) The Toll-Free Skydiving Network, Inc., Uninsured (800) Skydive Leasing Corp., Uninsured (888) Skydive Leasing Corp., Uninsured (877) Skydive Leasing Corp., 1-800 FREEFALL, and any and all other skydiving referral service business entities, and/or owners of fictitious name entities which I may have used in locating and/or deciding upon a parachuting/skydiving facility or other location at which to perform an intentional parachute jump.
(I) Any other person and/or organization which is or may be liable for any loss or injury to me and or my property, or my death, arising out of my participation in any of the activities covered by this Agreement (as defined below);
From any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, whether occurring while I am training and/or preparing for my intentional parachute jump, while I am present in aircraft from which the jump is to be made, while I am making my intentional parachute jump, or while I am engaged in related activities (hereafter referred to as "activities covered by this Agreement"), whether such loss, damage, injury, or death results from the negligence and/or other fault, either active or passive of any of the persons and/or organizations described in paragraphs 2(A)-(I) above, or from any other cause.
3) Covenant Not to Sue: I agree never to institute any suit or action at law or otherwise against any of the organizations and/ or persons described in paragraph 2(A) through (I) above, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or fault, either active or passive, of any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause. I further expressly agree that I will never raise any claim against any of the organizations and/or persons described in paragraph 2(A) through (I) above for product liability, failure to warn, negligence, breach of warranty, breach of contract, or strict liability, regardless of whether my claims for damages or injuries are alleged to result from the fault or negligence of the parties released. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the organizations and/or persons described in paragraph 2(A) through (I) above, nor shall they initiate or assist the prosecution of any claim for damages of cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death arises from the activities covered by this Agreement, whether caused by the negligence an/or fault, either active or passive, of any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause, I hereby so instruct my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. Should any suit or action at law or otherwise be instituted in violation of this Agreement against any of the organizations and/or persons described in paragraph 2(A) through (I) above, I agree that such organizations and/or persons shall be entitled to recover, in addition to any other damages which may be incurred, reasonable attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.
4) Indemnity Against Claims: I will indemnify, defend, save and hold harmless the organizations and/or persons described in paragraph 2(A) through (I) above from any and all losses, claims, actions or proceedings of every kind and character, including attorneys' fees and expenses, which may be presented or initiated by any persons and/or organizations and which arise directly or indirectly from my participation in the activities covered by the Agreement, whether resulting from the negligence and/or other fault, either active or passive, or any of the organizations and/or persons described in paragraph 2(A) through (I) above, or from any other cause.
5) Validity of Waiver: I understand that if I institute or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the organizations and/or persons described in paragraph 2(A) through (I) above because of injury to my person or property, or my death, due to the activities covered by this Agreement, this Agreement can and will be used in court, and that such agreements have been upheld in courts in similar circumstances.
6) Representations and Warranties as to Medical Condition: I represent and warrant that (a) I have no physical infirmity, except those listed below, am not under treatment for any other physical infirmity or chronic ailment or injury of any nature, and have never been treated for any other of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorder, kidney or related diseases, high or low blood pressure; (b) I am not under any medication of any kind at the present time; and (c) I do/do not (strike one) wear corrective lenses. If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump.
7) Use of Skydiving Videotape. I understand that I have been given the option to purchase a videotape of my skydiving experience, or allowed to videotape my own experience (via Go-Pro or similar device). Any use of my purchased or personal videotape for any commercial or for-profit venture is expressly forbidden, without the express, written consent of West Plains Skydiving. This shall not prohibit my personal use of any purchased or personal videotape, including such use on my own social media websites, including “YouTube” or similar sites, so long as I do not receive any compensation, remuneration, or advertising payments for use of my personal social media. Media Release: I agree that if my image appears on any film or videotape taken at West Plains Skydiving, I am willing to allow West Plains Skydiving to use it for publicity, informational, or entertainment purposes at no charge. I also state my willingness to be named in such materials.
8) Waiver of Jury Trial/Applicable Law/Venue/Headings: I agree that the law of the State of Florida shall apply to issues involving the construction, interpretation, and validity of this Agreement, and that Florida law shall govern any dispute between the parties arising from the activities covered by this Agreement. In the event this Agreement is violated and suit is brought against any of the organizations and/or persons described in paragraph 2(A) through (I) above, I waive my right to a jury trial, and agree that Volusia County, Florida shall be the sole venue for any suit or action arising from the activities covered by this Agreement. I agree that the headings and sub-headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.
9) Severability/Multiple Waivers: I agree that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me. If I have executed any other agreement containing provisions relating to the exemption and/or release from liability and/or covenant not to sue in connection with the activities covered by this Agreement, I agree that the agreement which provides the most protection from liability and/or suit to the Uninsured United Parachute Technologies, LLC, d/b/a UPT Vector shall be enforceable against me by the Uninsured United Parachute Technologies, LLC,. d/b/a UPT Vector.
10) Continuation of Obligations: I agree and acknowledge that the terms and conditions of this Agreement shall continue in force and effect now and in the future at all times during which I participate in the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. This Agreement supersedes and replaces any prior such agreement I have signed.
11) Viewing of Videotape: I have viewed and I warrant that I fully understand the accompanying "Tandem Vector Waiver" video tape.
I freely and voluntarily agree to all of the above by signing this contract on the day of January 19, 2021.
*Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein.
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.