SKYDIVING, PARACHUTING, AND THEIR RELATED ACTIVITIES CAN BE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY INJURED OR KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING AND ITS RELATED ACTIVITIES
Please note: After viewing the instructional video and signing this waiver you are electing to make a skydive. Please realize that skydiving is a weather dependent sport and we will try to jump with you as soon as possible.
If you do not get to jump today, you may have to reschedule for another time.
THE UNDERLYING DOCUMENT IS A RELEASE OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT. READ IT CAREFULLY!
SIGNING THIS DOCUMENT DRASTICALLY AFFECTS YOUR LEGAL RIGHTS.
SKYDIVING IS A DANGEROUS SPORT!
There is no way to eliminate the possibility of serious injury or death.
RELEASE OF LIABILITY, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT
In consideration for being permitted to use the facilities, airfield, equipment, and aircraft of SKYDIVE NEW ENGLAND, NORTH EAST VENTURES A, LLC, NORTH EAST VENTURES B, LLC, EXTREME AIR LLC, and JUMP RUN AVIATION LLC (collectively referred to herein as “SKYDIVE NEW ENGLAND”) and to engage in parachute jumping, ground instruction, flying and all related activities (collectively referred to herein as "Skydiving Activities"),
I hereby agree to the following:
1. I HEREBY RELEASE AND DISCHARGE SKYDIVE NEW ENGLAND (as defined herein), UNITED STATES PARACHUTE ASSOCIATION, MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF ALL EQUIPMENT UTILIZED FOR SKYDIVING ACTIVITIES, AND ALL OF THEIR RESPECTIVE AGENTS, EMPLOYEES, OWNERS, PARTNERS, SHAREHOLDERS, INSTRUCTORS, JUMP MASTERS, PARACHUTE PACKERS, PARACHUTE RIGGERS, AND PILOTS USED FOR THE SKYDIVING ACTIVITIES (HEREINAFTER REFERRED TO AS THE “RELEASED PARTIES"), FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, AND/OR JUDGMENTS FOR INJURIES, DEATH, AND/OR DAMAGES ARISING FROM AND/OR RELATING TO MY PARTICIPATION IN SKYDIVING ACTIVITIES, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
2. 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 Skydiving Activities.
3. I agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from any and all claims, judgments, and costs, including attorneys' fees, incurred in connection with any action brought as a result in my participation in Skydiving Activities, including actions based on the negligence of the Released Parties.
4. I understand and acknowledge that Skydiving Activities have inherent dangers that no amount of care, caution, instruction, experience, or expertise can eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS OF PERSONAL INJURY AND/OR DEATH SUSTAINED WHILE PARTICIPATING IN SKYDIVING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
5. I hereby certify that I have no physical or mental condition that precludes me from participating in the Skydiving Activities and that I am not participating against medical advice.
6. I understand that my participation in the Skydiving Activities is voluntary and further understand that I have the opportunity to inspect Skydive New England’s Equipment and facilities before any participation.
7. I certify that I have not consumed any Alcoholic Beverages or Drugs within the twelve (12) hours prior to now and/or any Skydiving Activities (as defined in the Release of Liability). I further agree that I will not consume any Alcoholic Beverages or Drugs while engaging in Skydiving Activities (as defined in the Release of Liability).
8. I have been advised and recognize that my Skydiving Activities are NOT COVERED by any personal accident or general liability insurance policy issued to the Released Parties.
They do not have insurance.
9. I hereby agree that any dispute arising from and/or relating to my participation in the Skydiving Activities shall be governed by the substantive laws of the State of Maine and that the venue for any such dispute shall be in the courts of the State of Maine (state or federal as appropriate).
10. I grant permission to Skydive New England, its employees and agents, in perpetuity, to take and use visual/audio images of me for any purpose. Visual/audio images are any type of recording, including photographs, digital images, drawings, renderings, voices, sounds, video recordings, audio clips or accompanying written descriptions. I agree that Skydive New England and its agents/representatives own the images and all rights related to them. The images may be used in any manner or media without notifying me, such as Skydive New England sponsored web sites, social media, publications, promotions, broadcasts, advertisements, posters and theater slides, all printed material, as well as for non-Skydive New England uses. I agree that the images may be combined with other images, text and graphics, and cropped, altered or modified. I waive any right to inspect or approve the finished images or any printed or electronic matter that may be used with them. I release Skydive New England and its employees and agents, in perpetuity, including any firm authorized to publish and/or distribute a finished product containing the images, from any claims, damages or liability which I may have in connection with the taking of or use of these images or printed material.
11. I HAVE CAREFULLY READ, UNDERSTAND, AND PERSONALLY INITIALED THIS AGREEMENT AND CERTIFY THAT I FULLY UNDERSTAND IT. I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS ABOUT THE AGREEMENT AND THE SKYDIVING ACTIVITIES. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL.
Uninsured United Parachute Technologies, LLC
TANDEM PARACHUTE JUMPER AGREEMENT
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 Skydive New England 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 function- ing 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 jump- ing, 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 para- chute 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 dual- harness, dual-container parachute pack assembly to which I will 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 para- graph 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 at- torneys’ 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 any- one 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. 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.
8. 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.
9. 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.
10. 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 October 3, 2022.
*Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein.