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Waiver and Assumption of Risk Agreement and Release of Liability

(“Waiver and Release”)

THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

This Waiver and Release, effective as of July 14, 2025,is made and entered into by and between, the student who is the individual signed below ("Student") and Izzy’s Wing (“Izzy’s Wing”), a 501c3 organization, located at 35026 El Sendero Road, Cave Creek, AZ 85331.

I, the Student hereby acknowledge that I have voluntarily requested and agreed to receive instruction and coaching from Izzy’s Wing. In consideration of Izzy’s Wing allowing me to utilize the facilities and participate in the skydiving/parachuting, aviation, and related activities (hereby referred to as “activities covered by the Agreement”) as an Izzy’s Wing Student, I agree to the following terms and conditions:

 

1.     REPRESENTATIONS AND WARRANTIES

 a.     I certify that I am a licensed skydiver with the United States Parachute Association or foreign equivalent, having completed skydives. I know and understand that the activities covered by the Agreement are sports with inherent risks and dangers. I voluntarily, freely and expressly choose to incur all risks associated with the activities covered by the Agreement, understanding that those risks may include personal injury, damage to property, and/or death.

 b.     I certify and acknowledge that I am physically fit to participate in the activities covered by the Agreement, and I will not hold Izzy’s Wing responsible if I am injured as a result of a medical condition while participating in the activities covered by the Agreement.

 c.     I represent and warrant that 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 of the following: cardiac or pulmonary conditions or disease, diabetes, fainting spells or convulsions, nervous disorder, kidney or related diseases, high or low blood pressure.

 d.     I represent and warrant that I am not under any medication of any kind at the present time, and if I do wear corrective lenses, I will wear them during my participation in the activities covered by the Agreement.

 e.     Prior to voluntarily participating in the activities covered by the Agreement, I will thoroughly and completely inspect all the equipment that I will use during the activities covered by the Agreement. I expressly agree not to hold Izzy’s Wing or any of its agents responsible for my failure to inspect my gear prior to use.

 f.      I understand that I have an affirmative duty to plan and prepare for the activities covered by the Agreement. I agree to be responsible for my own safety. My signature and initials on this document affirm that I am fully aware of the dangers, risks, and hazards, including potential catastrophic injury or death which could result from the activities covered by the Agreement.

 g.     I certify that the experience and training that I have disclosed to the Instructor is an accurate representation of my preparedness for the activities covered by the Agreement. Instructor is anyone working with, or on behalf of Izzy’s Wing in any capacity. I agree to not hold Izzy’s Wing or its agents responsible for any malfunctions or problems that arise as a result of a lack of training or preparedness.

 I have read and acknowledged paragraphs a-g of section 1, and I hereby certify that the above Representations and Warranties are true.

I Agree


2. EXPRESS ASSUMPTION OF RISK

a.  I, the Student, hereby agree that I am participating in the activities covered by the Agreement at my own risk. I agree that I am voluntarily participating in all activities covered by the Agreement, and I assume all risk of injury, damage, or loss that might result, even if the risks arise out of the negligence or fault of Izzy’s Wing.

 b.  I know and understand that the activities covered by the Agreement include, but are not limited to: risks associated with equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improper and or/negligent parachute packing and/or assembly; improper and/or negligent operation and/or use of the equipment; aircraft malfunction and/or negligent aircraft operation; carelessness and/or negligent instruction and/or supervision.

c.  I voluntarily, freely and expressly choose to incur all risks associated with the activities covered by the Agreement, understanding that those risks may include personal injury, damage to property, and/or death.

I have read and acknowledged paragraphs a-c of section 2, and I hereby certify that the above Representations and Warranties are true.

I Agree


3. WAIVER/RELEASE OF LIABILITY

a.  By the execution of this Waiver and Release, the Student hereby agrees that Izzy’s Wing shall not be liable for any damages arising from personal injuries sustained by the Student or anyone under the Student’s custody, care, and control, as a result of any and all activities covered by the Agreement. The Student assumes full responsibility for any such injuries or damages which may occur. This Waiver and Release does not apply to intentional torts by Izzy’s Wing.

b.  I, the Student, exempt and release the following persons, corporations, and organizations: Izzy’s Wing, LLC; all aircraft owners, and pilots with whom Izzy’s Wing contracts for flying services; and including all of each person’s, corporations’, and organizations’ officers, agents, servants, employees, representatives, lessors; (hereinafter collectively referred to as “Releasees”), 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, while upon the premises or aircraft or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releasees, or from any other cause.

I have read and acknowledged paragraphs a-b of section 3, and I hereby certify that the above Representations and Warranties are true.

I Agree

 


4. ACKNOWLEDGEMENT OF WAIVER AND RELEASE

I, the Student, state that I have had sufficient time to review the Waiver and Release and to ask any questions associated with the Waiver and Release. I further state that I have carefully read the foregoing Waiver and Release, know the contents thereof, have had an opportunity to review and consult with an attorney if desired, and have signed this Waiver and Release as my own free act. I further warrant that I am fully aware that I am waiving any right I may have to bring a legal action to assert a claim against Izzy’s Wing for negligence.

 

I Agree

 


 5.  SEVERABILITY If any provision of this Waiver and Release shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Waiver and Release shall remain in full force and effect to accomplish the intent and purpose of the parties to the fullest extent of the law. The parties agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.

 

I Agree


6. DISPUTES

a. Covenant not to sue: I agree never to institute any suit or action at law or otherwise against any of Releasees, 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 other fault, either active or passive, of any of Releasees, or from any other cause. 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 Releasees, nor shall they initiate or assist the prosecution of any claim for damages or 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, arising from activities covered by the Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of Releasees or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.

b. Attorney fees and costs: Should any such suit or action at law or otherwise be instituted against any of Releasees, I agree that such Releasees shall be entitled to recover attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.

c. Arbitration Clause: Any dispute, controversy, or claim arising out of or in connection with this Waiver and Release, including, without limitation, any dispute regarding the enforceability of any provision, that cannot be resolved through good faith negotiations within thirty (30) days or such longer period of time as may be mutually agreed between the Parties, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The parties agree to one arbitrator, located in Maricopa County, Arizona. Arizona state law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof..

d. Indemnity Clause: I will indemnify, save and hold harmless Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other persons 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, of any of Releasees or from any other cause..

e. Validity of Waiver: I understand and agree 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 Releasees because of injury to my person or property, or my death, due to the activities covered by the Agreement, this Waiver and Release can and will be used as evidence, and similar agreements have been upheld in courts in similar circumstances.

 I have read and acknowledged paragraphs a-e of section 6, and I hereby certify that the above Representations and Warranties are true.

 

I Agree


7. PHOTO AND VIDEO RELEASE

 I hereby grant to Izzy’s Wing and its agents the irrevocable and unrestricted right to use and publish photographs and/or videos of me from the activities covered by the Agreement, or in which I may be included, for editorial, trade advertising, and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same.

I Agree


8. ACKNOWLEDGEMENT OF COPYRIGHT MATERIALS AND AGREEMENT NOT TO COPY

I acknowledge that during the activities covered by the Agreement, I may be shown training materials, written and/or oral. I agree not to reproduce these materials in any way whatsoever, including for use as training materials for my own personal gain or for the gain of any entity other than Izzy’s Wing.

I Agree


9. CONTINUATION OF OBLIGATIONS

 I agree and acknowledge that the terms and conditions of the Waiver and Release shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, and/or anyone else claiming on my behalf. The Waiver and Release supersedes and replaces any prior agreement in favor of Releasees I have signed.

I Agree


10. ACKNOWLEDGMENT

 I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions.

I Agree



First Students Name
First Name*
Middle Name
Last Name*
Phone*
First Students Age Acknowledgment*
First Students Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Students Signature*
Second Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Third Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Fourth Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Fifth Students Name
First Name*
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Last Name*
Students Date of Birth*
Date of Birth
Sixth Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Seventh Students Name
First Name*
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Last Name*
Students Date of Birth*
Date of Birth
Eighth Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Ninth Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Tenth Students Name
First Name*
Middle Name
Last Name*
Students Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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