AGREEMENT AND RELEASE OF LIABILITY April 30, 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 SkyHi Aero 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.
April 30, 2025
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