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 participant, 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. I Agree 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 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); I Agree 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. I Agree 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) * FORM-218 Rev. 0 (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. I Agree 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. I Agree 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. I Agree 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. I Agree 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. I Agree 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. I Agree 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. I Agree 10) Viewing of Videotape: I have viewed and I warrant that I fully understand the accompanying “Tandem Vector Waiver” video tape. I Agree I freely and voluntarily agree to all of the above by signing this contract on the day of September 19, 2024 at Skydive Colorado Springs Ltd *Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein. STATEMENT OF MEDICAL FITNESS: “I, the participant, represent and warrant that I have no physical or mental infirmities, except as listed below; am not under treatment for any other physical or mental 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 mental illness or depression, kidney or related diseases, high or low blood pressures, or any other condition or disability which might in any way affect my ability to participate in skydiving, parachuting, flying, or related activities.” WARNING! SKYDIVING, PARACHUTING, FLYING AND ALL OF ITS RELATED ACTIVITIES ARE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY AND PERMANENTLY INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING, PARACHUTING, FLYING OR ALL OF ITS RELATED ACTIVITIES. I UNDERSTAND THAT I, REGARDLESS OF MY EXPERIENCE, HAVE FINAL RESPONSIBILITY FOR MY OWN SAFETY. I FURTHER UNDERSTAND NO LIABILITY INSURANCE IS AVAILABLE OR BEING OFFERED TO ME TO “SKYDIVE” AS “SKYDIVE” IS DEFINED IN THIS DOCUMENT COVERING THESE ACTIVITIES. I am not under the influence of alcoholic beverage, I have not ingested any illegal substances within the past 24 hours, nor have I taken any prescription medication, which may affect my judgment or ability to perform. I agree not to jump in the future under the influence of alcohol or other drugs. I have read the attached Agreement, Release of Liability and Assumption of Risk; I understand that it is a legal contract binding on me. I understand what it says. I intend to be bound by what it says and I know that when I sign it, I give up important legal rights.
The length of this document reflects its seriousness. Please read every single word on every single page. CONTRACT AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK IN CONSIDERATION of being permitted to utilize the facilities and equipment of Skydive Colorado Springs Ltd (and its associated entities and facilities), Jeremy Divan, Michael Ross, 0SD LLC, Fremont County Municipal Airport, Fremont County, and the USPA including all of its officers, directors, agents, employees, instructors, pilots, jumpmasters, aircraft owners, and land utilized for skydiving, to engage in parachuting activities, ground instruction, flying and related activities, skydiving, freefall and/or tandem jumping, hereinafter collectively referred to as “skydiving activities,” and “SKYDIVE” inclusive of the named individuals above, as defined in this agreement I HEREBY AGREE AS FOLLOWS: 1. I understand that I am not required to make a skydive, but if I desire to do so, I am not required to jump at Skydive Colorado Springs Ltd. I understand that there are other drop zones within a 150-mile radius I Agree I further understand that I may take this document to my personal attorney for review. I have done so or otherwise elect not to do so. I Agree 2. PARTIES INCLUDED: I understand that this Agreement, Release of Liability and Assumption of Risk includes but is not limited to Skydive Colorado Springs Ltd, and Fremont County Airport, and any of its officers, board members, and shareholders, partners, or their agents, customers, associated entities, employees, volunteers, pilots, instructors, jumpmasters, load organizers, independent contractors, the owners of the aircraft, (which shall also include but not be limited to airfoils and balloons), the owners of any land utilized for “skydiving activities”, adjacent property owners, the United States Parachute Association and its members, anyone working with or for Skydive Colorado Springs Ltd, including independent contractors and/or any manufacturer of, owner or entity charged with the maintenance of any piece of equipment which I may use or am using or is in any way, shape or form being used in connection with my “skydiving activities” and anyone involved in any way, shape, form or manner in my “skydiving activities,” including the person or entity who pays for my jump, and specifically including but not limited to tandem or experimental test parachute jumping to include my tandem parachute jumping, hereinafter collectively referred to in this Agreement, Release of Liability and Assumption of Risks as “SKYDIVE.” I Agree 3. This entire Contract, Release of Liability and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of this document by name or by category, all vendors, manufacturers, suppliers or owners of materials or equipment used for “skydiving activities,” including but not limited to the manufacturers of the equipment, its employees, directors, officers and shareholders, and all associated entities, shareholders, partners, employees, independent contractors and all other persons or entities in any way, shape or form associated with any entity mentioned, either specifically, by category or by implication, in the body of this document whom are referred to herein as “SKYDIVE.” I Agree 4. I understand that this document is a legally binding contract between myself and the entities described herein as “SKYDIVE” and certify that I am of legal age and under no legal disability or other impairment that would prevent me from entering into a binding contract. I have read, understand and intend to be bound by all of its terms. I Agree 5. By signing this document, I acknowledge that I have been advised, understand and accept that tandem masters, jump masters, load organizers, those charged with the maintenance of the parachutes and parachute equipment, those charged with the maintenance of the aircraft, and pilots are independent contractors. As independent contractors, no other entity, including but not limited to those coming under the heading of “SKYDIVE” can be held responsible for that independent contractor’s negligence. I accept this limitation. I Agree 6. I acknowledge that I am being advised by this paragraph that neither the aircraft nor parachutes are owned by Skydive Colorado Springs Ltd, or Fremont County Municipal Airport. I specifically acknowledge that the owner of the aircraft and parachutes are separate entities and are included in the definition of Released Parties herein referred to as “SKYDIVE”, and specifically agree that the owners of the aircraft and the parachutes have the maximum protection afforded any other entity mentioned by name or category in this document for any INJURY to my person or my DEATH even if caused by the negligence of those entities. I further acknowledge that the maintenance of the aircraft and the maintenance of the parachutes and parachute equipment are performed by independent contractors and “SKYDIVE”, cannot be held liable for any INJURY to my person or my DEATH even if caused by the negligence of those independent contractors. I further agree that this paragraph in no way limits any other paragraph of this Agreement, Release of Liability and Assumption of Risk and acknowledge and agree that this paragraph expands the protection granted to all parties whether mentioned by name, category, implication, or otherwise. I Agree 7. I am informed by reading this paragraph and agree that the land used for parachuting activities by Skydive Colorado Springs Ltd, in Fremont County, Colorado is Publicly owned by Fremont County is not responsible for and assumes no risk for the skydiving activities of Skydive Colorado Springs Ltd conducted at Fremont County Municipal Airport, 1V6. Open to the public for recreational purposes as defined by Colorado Statute and as such the owner of the land is immune from lawsuits for negligence or other fault to the extent provided for by Colorado Statute. I accept this limitation. I Agree 8. RISK CONTEMPLATED: This Agreement is made in contemplation of all “skydiving activities,” which for purposes of this agreement shall include but not be limited to all occurrences contemplated or not contemplated, foreseen and unforeseen, likely or unlikely to occur, including but not limited to instruction, parachute jumping, tandem or experimental test parachute jumping, ground instruction, flying and related activities, the exit from the aircraft, skydiving, freefall, canopy opening, time under the canopy, the landing, including but not limited to crash landings, either under canopy or not, inside or outside the aircraft, equipment malfunctions of any kind, any rescue operations or attempts by “SKYDIVE,” whether on or off the designated landing area or any facilities used by “SKYDIVE,” ground transportation provided to me by any entity in any way associated with “SKYDIVE” and any activity whatsoever in any way, shape, form or manner connected with my “skydiving activities” or my presence on or near the facility and grounds of “SKYDIVE”, or any location which is used for my “skydiving activities”. I further agree that this includes but is not limited to all recreational activities that I may engage in including but not limited to camping, swimming, canoeing, or any other recreational activities whatsoever, which are in any way associated with “SKYDIVE”. This includes any activity that may or does or be claimed to cause or contribute to my INJURY or DEATH, even if caused directly or indirectly by negligence on the part of “SKYDIVE”. These risks shall be referred to for purposes of this agreement as “skydiving activities”. I Agree 9. NEGLIGENCE: The term negligence as used anywhere in the body of this document shall not include gross negligence, or willful, wanton or reckless conduct. I Agree 10. I am aware that “skydiving activities” are inherently dangerous and may result in INJURY or DEATH and agree that the unforeseen may happen and no one can delineate all risks or possibilities of error. Therefore, I specifically include in this Release, any INJURY or my DEATH resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated which in any way, shape or form is in any way connected with my “skydiving activities” and/or presence on the premises used for my skydiving activities or any other place or entity 6 connected with “SKYDIVE,” even if caused by the negligence of “SKYDIVE.” I Agree 11. PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability and Assumption of Risk be binding not only on myself, but on anyone or any entity, including but not limited to my estate and my heirs and any one or any entity that may be able to or does sue because of my INJURY or DEATH. It is further my understanding and agreement that this Release is intended to and does in fact release “SKYDIVE” from any and all claims or obligations whatsoever, foreseen and unforeseen, contemplated and not contemplated, arising in any way from my participation in “skydiving activities”, even if caused by the negligence of “SKYDIVE”. I Agree 12. RELEASE OF LIABILITY: I hereby release and discharge “SKYDIVE” from any and all liability claims, demands, or causes of action that I or any person or entity may have for my INJURY or my DEATH or other damages arising out of my participation in “skydiving activities” even if caused by the negligence of “SKYDIVE”. I Agree 13. COVENANT NOT TO SUE: In exchange for good and valuable consideration, the sufficiency of which is acknowledged I further agree that I, MY ESTATE OR ANYONE OR ANY ENTITY ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE WILL NOT SUE OR MAKE CLAIM against “SKYDIVE” for damages or other losses, including my INJURY OR DEATH, sustained as a result of my “skydiving activities” even if caused by negligence of “SKYDIVE.” I Agree 14. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD “SKYDIVE” HARMLESS from all claims, judgments and costs, including but not limited to reasonable attorney’s fees, and to reimburse “Skydive” for any expenses whatsoever incurred in connection with any action or lawsuit brought as a result of my participation in “skydiving activities,” including but not limited to actions brought by myself or on behalf of myself or my estate, including but not limited to repayment to “SKYDIVE” of any judgments obtained against or collected from “SKYDIVE”, even if “SKYDIVE” is claimed or found to be negligent. I Agree 15. ASSUMPTION OF RISK: I understand and acknowledge that “skydiving activities” are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN “SKYDIVING ACTIVITIES” WHETHER SUCH RISK IS FORESEEN OR UNFORESEEN, CONTEMPLATED OR NOT CONTEMPLATED, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF “SKYDIVE” including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area including but not limited to: trees, fences, power lines, hills, roads, streams, buildings, rocks, hidden holes, uneven terrain, clods of dirt, unpredictable wind conditions, camping trailers, taxiing aircraft, and other natural or manmade objects that can cause injury upon landing, rescue attempts, the weather, (including but not limited to wind conditions) bad landings or any other cause whatsoever, including but not limited to those set forth in other paragraphs of this Contract, even if those INJURIES or my DEATH are caused by the negligence of “SKYDIVE.” I Agree 16. I hereby agree to waive and do waive any and all duty of care, whether by omission or commission, or any other duty, which may be owed or claimed to be owed to me by “SKYDIVE.” I Agree 17. LIMITATION OF WARRANTY: “SKYDIVE” hereby warrants that the equipment provided by or on behalf of “SKYDIVE” has been previously used for “skydiving activities” and is provided “as-is, where-is.” SKYDIVE MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO MERCHANTABILITY OR FITNESS APPLICABLE TO ANY EQUIPMENT PROVIDED BY OR ON BEHALF OF “SKYDIVE.” EXCEPT AS PROVIDED ABOVE, I AGREE THAT NO WARRANTY HAS BEEN EXPRESSED OR IMPLIED BY “SKYDIVE” WITH RESPECT TO ANY EQUIPMENT PROVIDED BY OR ON BEHALF OF “SKYDIVE” AND THAT UPON MY ACCEPTANCE OF THE EQUIPMENT, I WILL HAVE INSPECTED THE EQUIPMENT AND UNDERSTAND THAT THE EQUIPMENT IS BEING PROVIDED “AS-IS.” IN ACCEPTING THIS LIMITATION OF WARRANTIES, I SPECIFICALLY WAIVE ANY CLAIM I MAY MAKE FOR DEFECT IN DESIGN, MANUFACTURE, WORKMANSHIP OR ANY OTHER DEFECT IN EQUIPMENT AND WAIVE ANY CLAIM I MAY HAVE THAT AN ALTERNATE DESIGN WAS AVAILABLE THAT WOULD HAVE BEEN SAFER OR IN ANY WAY BETTER, OR THAT THE DESIGN EMPLOYED FAILED TO COMPLY WITH INDUSTRY STANDARDS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT UNDER NO CIRCUMSTANCES SHALL “SKYDIVE” BE LIABLE TO ME OR ANYONE CLAIMING THROUGH OR ON BEHALF OF ME FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) EVEN IF “SKYDIVE” WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. I Agree 18. In the event any agent of or claimed agent, independent contractor, or employee of “SKYDIVE” is guilty of willful and/or wanton conduct or misconduct, or any conduct claimed to be or deemed to be outside the scope of this Contract, by action or law or for any other reason, I agree that such conduct or action shall be beyond the scope of his/her or/its employment or service and not attributable to “SKYDIVE” on any agency theory, or any other theory. This shall also apply to any acts which are alleged to be or are deemed to be willful and wanton on the part of any agent, employee, or any person or entity acting on behalf of or instead of any entity included in the definition of “SKYDIVE”. I Agree 19. RENTAL EQUIPMENT: I understand that “SKYDIVE”, including but not limited to Skydive Colorado Springs Ltd, does not provide rental equipment. “SKYDIVE”, including but not limited to Skydive Colorado Springs Ltd, acts only to facilitate my rental of any equipment with the provider. The provider of the rental equipment is an independent contractor and as such, I understand that the independent contractor’s failings or shortcomings, included but not limited to negligence or other fault in the maintenance or inspection of the equipment which I have rented cannot be attributed to “SKYDIVE”, including but not limited to Skydive Colorado Springs Ltd. I have read, understand and accept the limitations of paragraph 5. I Agree 20. If I am making a student jump, I understand that I will be wearing a separate harness that may need to be adjusted by the jumpmaster. If my jump is a tandem jump, I understand that the jumpmaster and/or tandem master will attach my harness to his/her person and that this will put my body in close proximity to that of my tandem master. I specifically agree to this physical contact between the tandem or jump master and myself. I Agree 21. OTHER RECREATIONAL ACTIVITIES. This Agreement shall also be effective for and include any recreational activity which is organized, provided by or in any way associated with “SKYDIVE” or takes place on the grounds of “SKYDIVE”, or the property owned by any entity in any way associated with, organized or provided by “SKYDIVE”, including but not limited to canoeing or camping. I Agree 22. DURATION OF RELEASE: It is my understanding and intention that this Release and Agreement be effective not only for my first jump, but for all subsequent jumps or “skydiving activities” and shall be in full force and effect from the signing of this Agreement. I further agree that any subsequent release signed by me shall include the terms of this release to the extent they are not inconsistent with the subsequent release, and that any and all inconsistencies be decided in favor of “SKYDIVE”. I agree that this Contract may be terminated upon written notice, sent by either party by certified mail return receipt requested. I further agree that such termination shall not affect events occurring or which have occurred prior to the effective date of the termination. I Agree 23. ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be against public policy or unenforceable for any reason, only that portion shall fall, but to the extent allowed by law I specifically waive any unenforceability or any public policy argument that I may make or that may be made on behalf of myself, my estate or by anyone or entity who could or does sue because of my INJURY or DEATH. I Agree 24. DOCUMENT BROADLY CONSTRUED AND AMBIGUITIES CONSTRUED AGAINST ME. I am by reading, this paragraph, being made aware that the general rule is that this type of document is to be narrowly construed and ambiguities are to be decided against the person or entity preparing the document. I EXPRESSLY WAIVE that rule and I specifically agree that this document be broadly construed in favor of “SKYDIVE” and against me AND THAT ALL AMBIGUITIES BE RESOLVED IN FAVOR OF “SKYDIVE”. I Agree 25. I agree that I or any entity acting on my behalf or on behalf of my estate will only bring a lawsuit arising out of or related to my skydiving activities in the state courts (and not federal) of Fremont County Colorado (Garfield County Courts). I agree that I, my estate or any entity acting on my behalf or on behalf of my estate will not contest the jurisdiction or venue of the Fremont County Colorado Courts. I further agree that by signing this document I am subjecting myself, my estate or any entity acting on my behalf or on behalf of my estate to the personal jurisdiction of the Fremont County Colorado Courts, and agree not to Contest the Fremont County Colorado Court’s jurisdiction. I knowingly waive the right to contest the jurisdiction and venue of the Fremont County Colorado Courts. I Agree 26. I agree that in resolving any legal claim arising out of or related to my “SKYDIVING ACTIVITIES”, the court shall apply the substantive statutes, substantive common law and legal precedent of the state of Colorado. I make this agreement without reference to the “choice-of-law” rules of any state in which a claim related to my “SKYDIVING ACTIVITIES” is brought. I agree that I will not contest the application of Colorado substantive law to any claim related to this Contract and/or my “SKYDIVING ACTIVITIES”. I knowingly waive my right to assert that any other state or federal law should apply to any claim related to this Contract. I Agree 27. I am aware that I have a right to demand a jury trial in any lawsuit that I, my estate or anyone acting on behalf of me or my estate or heirs might file against “SKYDIVE”. I am also aware that it may be to my advantage to do so. I hereby irrevocably waive and give up the right to a jury trial in any lawsuit I might file, or might be filed on behalf of myself, my heirs or my estate against “SKYDIVE”. I further understand “SKYDIVE” and “SKYDIVE” alone, at its option, may demand a jury trial. I Agree 28. I am being made aware by this paragraph that the Colorado Wrongful Death Act of the Colorado Civil Practice and Remedies code (or successor statute) provides for the allowance of pecuniary damages for loss of society, grief, sorrow and mental anguish to the survivors. Having been made aware of this, I specifically give up and relinquish the right of my heirs or family members to pursue that type of damage in any wrongful death or other action which may be filed on my behalf or on behalf of my estate and agree to indemnify “Skydive” for any judgment which may be entered on behalf of my survivors. I Agree 29. I hereby authorize “SKYDIVE” or its assignee to take any photographs and videos as they may deem appropriate of myself and to use those photographs in such a manner, as they may deem appropriate and specifically waive any interest, propriety or otherwise, I may have in such photographs. I Agree 30. I GIVE UP 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. I Agree 31. In the event it is found that any portion or portions of this document conflict with any one or more other portion in this document the interpretation of that portion which is most favorable to “SKYDIVE” shall control. I Agree 32. UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS. EVEN THOUGH I MAY HAVE FAILED TO INITIAL SOME OR ALL OF THE PARAGRAPHS OF THIS DOCUMENT, I STILL INTEND TO BE BOUND BY ALL PARAGRAPHS. I FURTHER UNDERSTAND THAT THIS DOCUMENT CAN ONLY BE AMENDED IN WRITING, WITH THE AMENDMENT SIGNED BY THE ATTORNEY FOR SKYDIVE COLORADO SPRINGS LTD. (WHOSE NAME, ADDRESS AND PHONE NUMBER WILL BE SUPPLIED UPON REQUEST) AND MYSELF. I Agree 33. I ELECT NOT TO ATTEMPT TO NEGOTIATE A CHANGE IN THIS AGREEMENT. I Agree 34. I hereby certify that if using my own gear, my reserve parachute has been packed by an appropriate rated FAA certified parachute rigger and will be “in-date” and in compliance with the Federal Aviation Regulations, including 14 C.F.R. Part 105, on all parachute jumps I make. Should my reserve parachute become “out-of-date” or out of compliance with applicable regulations, I will have it properly packed PRIOR to making any parachute jumps. (This applies to jumpers using their own personal gear.) I Agree THIS WAIVER MEANS THAT IF YOU SIGN, YOU ARE BOUND BY THIS ENTIRE DOCUMENT. IT MEANS IN THE BROADEST GENERAL TERMS THAT IF YOU SUE “SKYDIVE” YOU CANNOT WIN AND, FURTHER, YOU WILL OWE “SKYDIVE” MONEY, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, REPAYMENT OF ANY JUDGMENT OBTAINED AND OTHER EXPENSES INCURRED BY “SKYDIVE” IN DEFENDING YOUR LAWSUIT AND YOU WILL HAVE TO REIMBURSE “SKYDIVE” FOR ANY JUDGMENT YOU MIGHT GET AGAINST “SKYDIVE” EVEN IF YOUR INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE OF “SKYDIVE”. I UNDERSTAND AND AGREE TO BE BOUND BY THIS PARAGRAPH AND ALL OTHERS IN THIS DOCUMENT. I Agree I UNDERSTAND THAT WHEN I SIGN THIS DOCUMENT, I WILL BE GIVING UP ANY AND ALL RIGHTS I OR MY HEIRS MAY HAVE TO SUE ANYONE IN ANY WAY, SHAPE OR FORM ASSOCIATED WITH MY SKYDIVE, EVEN IF THE ENTITY I OR MY HEIRS INTEND TO SUE HAS CAUSED MY INJURY OR DEATH BY THEIR NEGLIGENCE OR OTHER FAULT. I Agree I HAVE BEEN GIVEN AN OPPORTUNITY TO READ THIS DOCUMENT. I HAVE READ EVERY SINGLE WORD ON EVERY SINGLE PAGE. I UNDERSTAND ITS CONTENTS. I INTEND THAT I, AND MY HEIRS, MY FAMILY AND/OR ANYONE WHO MIGHT ACT ON MY BEHALF OR ON BEHALF OF MY ESTATE, IN ANY CAPACITY WHATSOEVER BE BOUND BY ITS TERMS. I Agree READ EVERY SINGLE WORD ON EVERY SINGLE PAGE BEFORE YOU SIGN.
YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
IF YOU NEED MORE TIME TO READ THIS DOCUMENT, PLEASE ALL YOU NEED TO DO IS ASK
Skydive Colorado Springs REFUND/RE-TRAIN POLICY GIFT CERTIFICATES/RAIN CHECKS Gift certificates and Rainchecks are transferrable, but non-refundable. TANDEMS Tandem jumps are non-refundable. In the event of bad weather, you will be issued a rain check to be used within one year SECOND TANDEMS We offer ONE chance to buy your second tandem – it must be within 7 days of doing your first – for $225. This tandem is non-refundable and non-transferrable. Second tandems are valid one year from the date of purchase. Beyond the expiration date – you will have to pay the difference. VIDEO PACKAGES Understand that the video equipment is electronic and like anything else, subject to failure. Should either your still photos or the video portion of your skydive fail, we will refund you $40. If both the video and the still photos malfunction we will happily refund your video, OR offer you a free video on your second tandem jump. If you do not provide your email NEATLY, you will NOT receive your video link – it’s a one-time shot during the editing process. AFF STUDENTS Frist jump courses are non-refundable, and the ground school portion will be held rain or shine. Refunds are not given for inclement weather. If you are unable to complete your AFF Level 1 due to weather, we ask that you return within 30 days to complete your jump! RE-CURRENCY REQUIREMENTS Up to 30 days, no charge for re-currency training- 31 to 60 days, $25 retrain fee- 61 days to one year, $50 retrain fee- After one year, $50 and must sit in on the ground FJC - After two years, must retake FJC at full price. I HAVE CAREFULLY READ, UNDERSTAND, AND ACCEPT SKYDIVE COLORADO SPRINGS LTD REFUND POLICY.
September 19, 2024 |
