AGREEMENT AND RELEASE OF LIABILITY June 13, 2025 In consideration of being permitted to utilize the facilities and equipment, and participate in any training, events and activities (collectively “Activities”) including, but not limited to, parachute jumping, ground instruction, flying, competitions, and other related activities associated with, United States Parachute Association (USPA), Maytown Sport Parachute Club (MSPC) and related parties as described below, together with other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound, I ________________________________, the undersigned, being 18 years of age or older, acknowledge, appreciate and agree that:
1. Parties involved in the agreements These agreements are between MSPC, including its instructors, pilots, ground crews, riggers, aircraft and land owners, manufacturers, distributors, Maytown (N71), the United States Parachute Association (USPA), and all their officers, employees, subcontractors, assistants, heirs, legal representatives and assigns, hereafter referred to as “released parties” and myself to include my legal representatives, spouse and family members, heirs and assign.
Additional Parties Included: I understand that this Agreement, Release of Liability, and Assumption Risk includes Skydive Coolidge Inc and Start Skydiving LLC, their owners, agents, associated entities, officers, mechanics, aircraft or other contractors or providers, manufacturers of any and all equipment or parts, an individual, association and its members, all hereinafter to be included in the collectively referred to as Released Parties.
2. Parachuting activities, including ground instruction, parachute jumping, flying, and related activities are inherently dangerous, and the risk of injury from Activities associated with MSPC. is significant, including the potential for permanent bodily injury and death. 3. In exchange for being permitted to participate in Activities with MSPC, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES (defined below) or others, and assume full responsibility for my participation in Activities with MSPC. 4. Despite such risks, I willingly agree to participate in Activities through MSPC and VOLUNTARILY AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with such Activities. 5. I certify that I am physically and mentally fit to participate in Activities at MSPC and have not been advised by a qualified medical professional not to participate in any Activities such as those offered by MSPC. I certify that there are no health-related reasons or problems which preclude my participation in these Activities or events and have disclosed to MSPC any underlying medical conditions. I understand that MSPC staff are not qualified to offer opinions about medical conditions and how they could be affected by parachuting. 6. I hereby consent to receive medical treatment which may be deemed advisable by MSPC in the event of injury, accident, and/or illness during my participation in Activities with MSPC. I agree that I will not hold the Releasees responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance to cover any injuries that I may sustain during my participation in Activities with MSPC. 7. I understand that MSPC and related parties carry no accident insurance or general liability insurance. I agree that I am solely responsible for any expenses, medical or otherwise, that I may incur from participation in Activities associated with MSPC. 8. PERSONAL SPACE: If I am making a student skydive, I understand that the harness I'm wearing may need to be adjusted which may cause physical contact that may otherwise be construed as unacceptable. I specifically agree to the physical contact required to adjust my harness. If my skydive is a tandem, I understand that the tandem master will attach my harness to his/her person and that this will put my body in close proximity to that of the tandem master. I specifically agree to this physical contact between the tandem master and myself. 9. MEDIA RELEASE: I hereby agree to allow MSPC to record and publish photos and videos (including audio) of myself for the purpose of promoting MSPC and for informational or entertainment purposes at no charge. I understand that this could include websites and social media associated with MSPC. I also agree that my name may be used in such materials. 10. PARACHUTING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IS PROHIBITED BY FEDERAL AVIATION REGULATIONS AND MSPC RULES. By participating in Activities with MSPC, I certify that I am not under the influence of any prohibited substances. 11. I RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have now or in the future against USPA, MSPC, and its officers, directors, employees, riggers, contractors, subcontractors, sponsors, suppliers, national organization or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Activities associated with MSPC and, if applicable, owners and lessors of the premises and equipment used by MSPC (collectively “Releasees”) for any liability, expenses, loss or damage to person or property, injury, death, or disability suffered from or in connection with my presence or participation in Activities associated with MSPC due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO. 12. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses or fees (including reasonable attorney’s fees) associated with my presence or participation in Activities with MSPC, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE to the fullest extent permitted by law. 13. This Agreement and any disputes arising out of or related to Participant’s involvement in Activities associated with USPA and MSPC or this Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to Participant’s involvement in Activities associated with MSPC or this Agreement shall be exclusively in the Court of Common Pleas of Lancaster County. 14. Any ambiguities in this document shall be construed in favor of the released parties. 15. This Agreement contains the entire agreement between the undersigned and MSPC concerning its subject matter. This Agreement supersedes any prior agreements or understandings between Participant and MSPC concerning the subject matter of this Agreement and will remain in effect unless and until terminated or replaced by a new written agreement. 16. If any provision of this Release of Liability, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect. 17. I recognize that parachuting is a strenuous, athletic endeavor and that parachutists are subject to health risks not normally associated with other sports. I hereby certify that I do not suffer from physical or mental infirmities that could affect my ability to safely engage in parachuting and its related activities and comprehend and enter into this binding contract. I HAVE READ THIS RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
June 13, 2025
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Uninsured United Parachute Technologies, LLC
TANDEM PARACHUTE JUMPER AGREEMENT
June 13, 2025 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 Maytown Sport Parachute Club, 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 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) *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial *Initial FORM-218 Rev. 0 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) 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 June 13, 2025. *Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein. Today's Date: June 13, 2025 |
