Skydive Snohomish

Tandem Skydiving Instruction Program

Application for Enrollment and Waiver/Contract

Where signatures are required, please sign your name the same way as on your government-issued photo ID.  "X" or lines are not acceptable.

TODAY'S DATE: April 25, 2024

Important Information:

Skydive Snohomish, Inc. informs you that due to the litigious nature of our society we must insist that you sign a very lengthy, detailed and comprehensive Waiver/Contract in order to protect ourselves while allowing you to participate in Tandem Skydiving at our facility. We are honest and up-front regarding the dangerous nature of our sport and in return we ask that you agree in writing that you, your estate, or anyone else representing you or your estate will not sue us, our company or our staff should you get hurt or killed.

This Waiver/Contract applies to all phases of Tandem Skydiving & Instruction.

Here are the unavoidable facts of skydiving life:

1.  Our staff is comprised of human beings who can make mistakes that can result in your injury.
2.  Your equipment has been designed by humans and it is not perfect. It can malfunction.
3.  Your training can never be totally adequate because there is no physical way to simulate freefall while remaining on the ground. The only way to simulate it is to do it, and then it’s too late to see if you can perform satisfactorily.

Jumping out of an airplane is a very dangerous thing to do. Please don’t ever say that we told you skydiving was safe. It is not. While we work very hard to minimize the risk of skydiving, by its very nature skydiving is inherently dangerous and will never be totally safe. We DO NOT guarantee that your parachutes will operate properly. We DO NOT guarantee that our staff will function without error. We DO NOT guarantee that you will land in the right field. We DO NOT guarantee that our backup devices will work correctly. But most of all, we ABSOLUTELY DO NOT guarantee that you won’t get hurt or killed skydiving, even if you do every­thing you were trained to do. Typical skydiving injuries consist of broken legs, ankles, wrists or fingers, back injuries, injuries of all sorts (including death) from hitting obstacles such as power lines, trees, roadways or water, and death from hitting the ground too hard, including airplane crashes. It is also possible that you may receive a disabling injury causing you to spend the rest of your life in a wheelchair. You may also receive cosmetic injury, which could result in the permanent changing of your appearance, walk, posture or mobility.

Negligence. Negligence is the failure to exercise due care, which to you could mean inadequate training, poor equipment condition, physical or judgmental errors by the staff or other unforeseen situations. Negligence has become the one general cause for everything folks claim when they get hurt and start looking for someone else to blame. Here’s the way it is: if you feel that the training is inadequate, the aircraft is in a condition needing attention, the parachutes are not acceptable, or if you think the staff is unqualified to be working with you DON’T SKYDIVE and insist on different equipment, additional training, or different staff. Decide BEFORE you jump! If you choose to board the aircraft you will be knowingly giving up any later claim as to the qualifications of the staff or the condition of the equipment.

I understand the facts above.

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TANDEM SKYDIVING INSTRUCTION WAIVER AND WAIVER/CONTRACT

Skydive Snohomish, Inc.

WARNING!

Read each paragraph very carefully and make certain that you fully understand what the paragraph says. DO NOT initial if you don’t understand or don’t fully agree to the terms. Your initials at the end of each paragraph indicate that you agree to be bound by the terms listed.

CORONAVIRUS (COVID-19) and Skydiving:  Tandem skydiving, and skydiving in general, requires close contact with your instructor and other participants. We have taken extra measures to reduce the potential COVID-19 exposure to/by our staff and customers, but Skydive Snohomish cannot eliminate the risk of exposure or guarantee your protection. By participating in skydiving, in addition to all the other risks you have been made aware of by our waiver and website, you assume all responsibility for the exposure/transmission and risk of contracting COVID-19. If you cannot accept those risks, then you should not participate in skydiving activities with us right now. For more information about the risks of COVID-19 and transmission, please see www.cdc.gov. 

1) Comprehension and Clarity: I read, write, and understand the English language. The type size of this Waiver/Contract form is of sufficient size for me to read and comprehend. 

2) Free Will: I am here of my own free will and am inducing the owners and staff to allow me to train and skydive by paying money and signing this legal Waiver/Contract. I understand that if I don’t pay for my jump, complete my training or agree to this Waiver/Contract that I will not be allowed to train or skydive here. 

3) Refunds: I understand and agree that once training begins there will be no refunds for any reason whatsoever. 

4) Weather: I agree that if it is determined that conditions are not safe for my skydive, I may reserve a later time to return and make my skydive. I agree that unsafe weather conditions are not considered grounds for a refund. 

5) Release of Future Claims Regarding Adequateness of Training: I agree to cooperate fully in the training session and know that failure to do so will result in my being denied the opportunity to skydive at Skydive Snohomish, Inc. If I complete the training and attempt to skydive, I am releasing any claim whatsoever, present or future, as to the adequateness of the training, the competency of the staff, or the airworthiness of the parachute equipment or aircraft. If I am in any way dissatisfied with the training, the staff, or the equipment I agree not to jump and will insist on further training, different staff, or different parachute equipment. 

6) No Insurance: I understand that Skydive Snohomish, Inc. carries no insurance of any kind including but not limited to liability, accident, wage or property damage insurance. In trade for being allowed training and skydiving at Skydive Snohomish, Inc. I and my survivors in any form agree to not hold Harvey Airfield Inc., or Skydive Snohomish, Inc. liable for insurance payments of any sort, including but not limited to hospital bills, medical bills, lost wages or property damage, if I am hurt or killed while skydiving or attempting to skydive. 

7) Tandem is Experimental: The tandem parachute training program has been granted approval from the Federal Aviation Administration under a test program exemption which defines tandem jumping as experimental and you as an experimental test jumper. I understand and agree that I will be jumping with parachute equipment which has been designed as EXPERIMENTAL by the FAA and that this equipment comes with no warranties, guarantees, or representations of merchan­tability. No promise is given or implied that the equipment has been fabricated, certified or main­tained in accordance with any federal, state or local standard and there is no guarantee of fitness for any particular purpose, only that the equipment has been used for skydiving before. 

8) Representations, Warranties and Assumption of Risk: I understand the scope, nature and extent of the risks involved in skydiving. I understand that these risks include, but are not limited to parachute equipment malfunction or failure to function; defective or negligent design or manufacture of parachute equipment; improper/negligent parachute packing or assembly; improper/negligent operation or use of the equipment; carelessness/negligence of instructors, jumpmasters, pilots or ground crew; improper/negligent operation of vehicles used for ground transportation; improper or negligent instruction or supervision. I voluntarily, freely and directly choose to incur all risks assoc­iated with the activities covered by this Waiver/Contract, understanding that those risks may include personal injury, damage to property, cosmetic injury, disability or death. 

9) Waiver of Liability: I CLEARLY understand that skydiving is a dangerous, calculated risk activity, which CAN and sometimes DOES result in bodily injury to its participants. I wish to jump from an air­craft in flight and it is very dangerous for me to do so. I understand that I MAY BE INJURED OR KILLED EVEN IF I DO EVERYTHING AS I HAVE BEEN TRAINED. I am freely accepting these risks in trade for the thrill of skydiving, understanding full well that those risks may include personal injury, property damage and/or death. I therefore release and discharge Skydive Snohomish, Inc. and airport property owners Kandace A. Harvey-Stiffler, Philip M. Stiffler, Lance N., Heather A., Preston J. and Tyson M. Harvey, all individuals, both corporately and individually, Harvey Airfield, Inc. and its agents, employees and representatives, Raven Aero LLC, its members, owners, pilots, and mechanics, Snohomish Flying Service, its members, owners, pilots, and mechanics, Kapowsin Airsports, Pacific Aero LLC, its members, owners, pilots, and mechanics, Westwind Air LLC, Joe Weber, its members, owners, pilots, and mechanics, Uninsured United Parachute Technologies, LLC, dba UPT Vector, their corporations, officers, directors, agents, servants, employees, shareholders, manufacturers, designers, and suppliers of component equipment used in the dual-harness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump, and the United States Parachute Association. I further release and discharge all instructors, pilots, jumpmasters, riggers, packers, drivers, officers, directors, agents, employees and members as well as the owners of the aircraft, motor vehicles, boats, land and equipment utilized for skydiving and related activities, including ground and water transportation therewith. I further release and discharge any property owner upon whose property I may land or attempt to land including Richard Harnden, Lord Hill Farms, Inc., Harvey Airfield, Inc., Kandace Harvey-Stiffler, Dale Bartelheimer, Lillian Bartelheimer, Ryan Bartelheimer, Jason Bartelheimer, Kurt Bartelheimer, Katie Bartelheimer, Lynnette Zwar, and Scott Zachry, all individuals, both corporately and individually, Bartelheimer Bros. Inc., and its agents, employees and representatives, All About Auto Wrecking LLC, and its agents, employees and representatives, and the French Slough Partnership, individually, their agents, contractors, owners and employees and everyone else including all independent contractors and/or employees of all entities listed above, hereinafter referred to as “Named Parties Released”.   

10) Agreement Not to Sue: I agree that I will not file, nor cause to be filed, nor participate in any lawsuit against the Named Parties Released for injuries or death sustained as a result of skydiving or training. I have been told in advance that skydiving is a very dangerous activity and that I can get hurt or killed while doing it. I agree not to sue even in the event of negligence. I also agree that my heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf, shall not institute any lawsuit, cause of action, or claim for damages against any of the Named Parties Released, nor shall they initiate or assist in the prosecution of any claim for damages against the Named Parties Released which I, my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf may have by reason in injury to my person or property, or my death, arising from activities covered by this Waiver/Contract, whether caused by the negligence of fault, either active or passive, of any of the Named Parties Released, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives, or anyone else acting on my behalf. Should any lawsuit or cause of action arising from this agreement/activity be instituted against any of the Named Parties Released, I agree they shall be entitled to recover (from me or my estate) actual attorney’s fees and costs incurred in the defense of such lawsuit or cause of action, including any appeal arising therefrom.  

11) Media release: I agree that if my image or voice appears on any picture or video taken at Skydive Snohomish, Inc. I am willing to allow Skydive Snohomish, Inc. to use it as well as my name for publicity, informational, or whatever purpose they deem appropriate without expectation of payment and grant them a gratuitous license therewith. I agree that video footage of my skydive experience is not guaranteed and in the event of equipment malfunction or operator error the extent of recourse is limited to the amount paid and I will expect nothing more. 

12) Indemnity Against All Claims: I (and on behalf of my estate) agree to indemnify (reimburse) the Named Parties Released and to hold them harmless from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees, costs, and judgments which may be presented or initiated by any person or organization and which arise directly or indirectly from my participation in the activities covered by this Waiver/Contract, whether resulting from the negligence or other fault, either active or passive, of any of the Named Parties Released, or from any other cause. 

13) Validity of Agreement: I understand that if I institute, or if anyone on my behalf institutes a lawsuit, cause of action, or claim for damages against any of the Named Parties Released because of injury to my person or property, or my death, as a result of my participation in the activities covered by this Waiver/Contract, this Waiver/Contract can and will be used in court and that agreements like this one have been upheld by courts in similar circumstances.  

14) Total Agreement: I agree that this signed document is the total agreement between Skydive Snohomish, Inc. and me. This agreement cannot be altered, changed or canceled by any verbal agreement with anyone. What is written and agreed to by both parties is the total agreement.  

15) Applicable Law/Waiver of Jury Trial/Venue/Headings: I agree that the law of the State of Washington shall apply to all issues involving the construction, interpretation, and validity of this Waiver/Contract, and that Washington law shall govern any dispute arising from the activities covered by this Waiver/Contract. I further waive my right to a jury trial and agree that Snohomish County, WA shall have venue and jurisdiction. I understand the headings and the sub-headings used throughout the Agreement are for convenience only and have no significance in the interpretation of the body of this agreement. 

16) Limitation of Warranty: The Named Parties Released warrant that the equipment provided for skydiving activities has been previously used for skydiving activities. This is the only warranty made and is made in lieu of any other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose. I understand and accept this limitation of warranty. 

17) Severability of Provisions: I agree that if any provision of this Waiver/Contract is found to be unenforceable or against public policy, only that provision shall fail and I agree to be bound by the remainder of the Waiver/Contract. I specifically waive any unenforceability or public policy argument that I could make or that could be made on behalf of my estate or by anyone who would sue the Named Parties Released as a result of my participation in the activities covered by this Waiver/Contract. I agree that 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 most protection from liability and/or suit to Named Parties Released, shall be enforceable against me by Named Parties Released. 

18) Continuation of Obligations: I agree that the terms and conditions of this Waiver/Contract shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the activities covered by this Waiver/Contract, and shall be binding upon my heirs, executors, administrators and personal representatives. This agreement supersedes and replaces any prior such agreement I have signed.  

19) Physical Infirmities: I understand and agree that Skydive Snohomish, Inc. does not employ a medical doctor to assist in any determination as to my physical skydive readiness or determination of my ability to withstand the rigors of skydiving and parachute jumping. I hereby state that the staff of Skydive Snohomish, Inc. has not advised me as to whether my physical condition is acceptable for jumping. I fully understand that my physical jump readiness is totally up to me and I accept full responsibility for it even though doing so may result in my injury or death. Medical Statement:  “I, the participant, represent and warrant that I have no physical infirmities, and am not under treatment for any other physical infirmity or chronic ailment or injury of any nature, and have never been treated for or diagnosed to have any of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, or any other disability which might in any way affect my ability to participate in skydiving”. 

20) Waiver of Rights and Right to Legal Counsel: I understand that by signing this Waiver/Contract I am giving up important legal rights and that it is my intent to do so in order to skydive at this business. I understand that I have the right to consult independent legal counsel prior to signing this Waiver/Contract but that I am freely giving up that right at this time so that I may train and skydive at my appointed time. I also understand that should I desire to reschedule this jump for the purpose of consulting with either legal counsel or, a medical doctor, I may do so now. 

I HAVE CAREFULLY READ THIS DOCUMENT, AND FULLY UNDERSTAND ITS CONTENTS. I AM OVER 18 YEARS OF AGE, AND I SIGN THIS WAIVER/CONTRACT OF MY OWN FREE WILL.

SIGNATURE OF TEST JUMPER/STUDENT: 

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CONTACT INFORMATION INSTRUCTIONS

STOP!  Please follow these instructions and complete your waiver carefully. Once completed, your waiver cannot be edited. If it contains typos or errors you will have to fill it out again.

• Name, Date of Birth, and ID Number:  MUST MATCH Photo ID EXACTLY.
• Address: Please use a current US address. If staying in the US temporarily, use the address where you are staying.
• Email Address: This email address will be used to deliver Photography Services if purchased.
• Emergency Contact: Please provide the name and phone number of a person who is in the US, and not skydiving today.