SKYDIVE TC AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK

THIS WAIVER MUST BE SIGNED ENTIRELY AND SOLEY BY THE PARTICIPANT WHO IS INTENDING TO MAKE A SKYDIVE AT SKYDIVE TC AND MUST BE SIGNED BY EACH PERSON MAKING A TANDEM SKYDIVE. IT CAN NOT BE SIGNED ON SOMEONE ELSE’S BEHALF.

TANDEM SKYDIVING TERMS AND CONDITIONS

1. All participants must be at least 18 years old on the day of their jump and the day the waiver is signed.

2. All participants must bring a valid government issued phot ID (driver’s license, state ID, passport) to check in for their skydive.

3. Participants' maximum allowable weight is at the tandem instructor's discretion and within equipment regulations. Participants weighing from 220-229lbs will be charged an extra $10. Participants weighing from 230-239lbs will be charged an extra $20. Participants weighing from 240+ will be charged an extra $30. Weights over 220lbs. require extra work and responsibility for instructors, add weight in aircraft, and significantly increase wear and tear on equipment. Regardless of weight, if we feel you will be unable to safely make a skydive due to physical condition, we will not allow you to jump.

4. You should obtain a doctor’s release for participation in skydiving if you feel any physical or mental conditions you have might affect your safety, health, or performance during your skydive. If you are unsure whether you need a doctor’s release or not, you should contact your doctor and get a release. We do not give medical advice to participants as we are not doctors!

5. Participants may not be under the influence of alcohol, drugs, or prescription medication that will affect your judgement or limit your ability to perform. If we have “reasonable suspicion” or feel that you are not in an appropriate metal state to skydive, we will not allow you to jump and you may be charged for violating our cancellation policy.

6. If you need to cancel your appointment or adjust the number of jumpers, you must do so with 72-hour notice. Failure to do so will result in you being charged a $50/person cancellation fee if you or anyone in your group cancels their jump with less than 72-hour notice.

7. If weather prevents you from skydiving, you will be allowed to reschedule or receive a refund.

8. If you decide not to go through with your skydive before you board the aircraft, you can be refunded minus the $50/person cancellation fee.

9. If you vomit on your instructor or equipment, there is mandatory $25 “Tip your instructor fee.”

10. Skydive TC strives to provide a safe, family friendly environments. We are a busy operation on a VERY BUSY tower-controlled airfield. Security at KTVC is very serious. At all times you must be under supervision once inside the Air Operations Area. All children must be constantly under direct supervision inside the hangar. Outside the Skydive TC hangar is a nice grass area with picnic tables and yard games. Please wait in that area if we are on a weather hold or under some kind of delay. We will make sure to alert you when it is time to meet your instructor.

11. We strive to schedule and operate efficiently to keep your time at Skydive TC to three hours, but it is possible that it may take longer to complete your skydive due to weather delays. If you or your group members arrive late or do not have your waivers completed, it may delay your jump. Please arrive at your scheduled check in time!

12. We do not have a secure place for your valuables and are not responsible for lost or stolen items. You should leave all valuables in your car or with a member of your party.

13. You are more than welcome to take pictures from the ground. Please ask about the best location for your party to view your skydive.

14. For safety reasons, you will not be allowed to skydive with a camera or take it on the aircraft with you.

I have read and agree to the above terms and conditions.

In consideration of being permitted to utilize the facilities and equipment of Skydive TC, (and its associated entities), to engage in parachuting activities, ground instruction, flying and related activities, hereinafter collectively referred to as “Parachuting Activities.” I hereby agree as follows:

1. Parties Included: I understand that this Agreement, Release of Liability and Assumption of Risk includes the USPA and manufacturers, distributors and dealers of skydive equipment, the Northwest Regional Airport Authority, their officers, employees, volunteers, and agents, Denton Farms LLC, Giving Wings Aviation LLC, Grand Traverse Band of Ottawa and Chippewa Indians, AVFlight Traverse City Corporation, Royal Stag Aviation, LLC and all other branded companies owned by William Saputo, including William Saputo personally, Skydive TC LLC, its agents associated entities, managers, members, partners, employees, pilots, instructors, jump masters, parachute packers, the owners of any aircraft used and land utilized for “Parachute Activities“, the United States Parachute Association members, the State of Michigan, anyone working with or for Skydive TC, and ANYONE involved in my “Parachute Activities’” Hereinafter referred to in this Agreement, Release of Liability and Assumption of Risk as “Skydive.” All of the above parties are hereby collectively referred to as the “Released Parties.”

2. Risks Contemplated. This agreement is made in contemplation of all “Parachuting Activities,” including but not limited to parachute jumping, ground instruction, flying and related activities, the exit, free fall, time under canopy, the landing, any rescue operations or attempts by “Skydive” whether on, above, or off the area known as Cherry Capital Airport, Traverse City, Michigan, or any facilities used by “Skydive.”

3. Release From Liability. I hereby release and discharge the above “Released Parties” from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries negligence or other fault of the above “Released Parties.”

4. Covenant Not To Sue. I further agree that I will not sue or make claim against the above “Released Parties” for damages or other losses sustained as a result of my participation in “Parachuting Activities” even if caused by negligence or other fault of the above “Released Parties.”

5. Indemnification and Hold Harmless. I also agree to indemnify and hold the above “Released Parties” harmless from all claims, judgments and costs, including but not limited to attorney fees, and to reimburse them for any expenses whatsoever incurred in connection with any action brought as a result of my participation in “Parachuting Activities.” I further agree that part of my obligation to indemnify and hold the above “Released Parties” harmless from all claims, judgments, and costs, I agree to post a bond in the amount of $5,000.00 in favor of the above “Released Parties,” in the event any action is brought as a result of my participation in “Parachuting Activities.”

6. Assumption of Risk. I understand and acknowledge that “Parachuting Activities” are inherently dangerous and I expressly and voluntarily assume all risk of death or personal injury sustained while participating in “Parachuting Activities,” whether or not caused by the negligence or other fault of the above “Released Parties,” including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, bad landing, or any other injury I may sustain even if caused by negligence or any fault of the above “Released Parties.”

7. Parties bound By This Agreement. It is my understanding that this agreement be binding not only on myself, but on anyone or any entity, including my estate and my heirs, that or who may be able to or does sue because of my injury or death. It is further my understanding and agreement that this agreement is intended to and does in fact release the above “Released Parties” from any and all claims or obligations whatsoever arising in any way from my participation in “Parachuting Activities,” even if caused by the negligence or other fault of the above “Released Parties.”

8. Limitation of Warranty. “Skydive” hereby warrants that the equipment provided by “Skydive” has been previously used for “Parachuting Activities.” This warranty is the only warranty made and is made in lieu of any other warranties, expressed or implied, including but not limited to warranty of merchantability or fitness for a particular purpose.

I have read the above paragraph and acknowledge that I understand it and accept the limitation of warranty.

9. Duration of Release. It is my understanding and intention that this agreement be effective not only for my first jump, but for any subsequent jumps or activities which are in anyway associated with the above “Released Parties,” no matter when they might occur.

10. Enforceability. I agree that if any portions of this agreement are found to be unenforceable or against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any policy or any policy argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury or death.

11. 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.

12. Acceptance of financial responsibility. I understand that the released parties have no personal 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 “Parachute Activities”. I also agree that the released parties are in no way responsible to myself, my spouse and family, or my heirs for any hardship from loss of income or from expenses that may result from my injury or death. Furthermore, I agree to indemnify the released parties for any loss, liability, damage, or cost that they may suffer due to my presence in or upon their facilities and equipment.

13. Nature of participants in parachuting activities. I acknowledge that pilots, instructors, jump masters, radio operators, mechanics, my fellow parachutists, and all others involved with parachuting are fallible human beings, capable of making mistakes that could result in my injury, suffering, or death.

14. I hereby agree to waive all duty of care, whether by omission or commission, or any other duty which may be owed me by the above “Released Parties.”

15. It is my agreement with the above “Released Parties” my intention that this document be broadly construed in favor of the above “Released Parties” and against me and that any and all ambiguities be resolved in favor of the above “Released Parties.”

16. Choice of Laws. I agree that this agreement shall be interpreted under the laws of the state of Michigan, no matter where I reside or where I executed this agreement and participate in activities with “Skydive”

17. Right to Use Name And/or Likeness in Advertising. I further acknowledge and agree that during the course of my participation in “Skydiving Activities,” “Skydive” may videotape or photograph me. I expressly agree to the use of my name, photograph, or any video footage involving me for advertising purposes, and release “Skydive” for any and all liability thereof.

I hereby certify and warrant that the statements contained below in the “Participant Information” portion of this waiver are true and correct to the best of my knowledge an belief. I further certify and understand that acceptance of this application by Skydive TC will be made on the basis of the statements contained above, and such accepted application will become part of the agreement between myself and Skydive TC to provide the service. Participation in the sport of skydiving could cause serious injury or even death. It is an adult sport and should be considered such.

Medical Treatment. In connection with any injury, I may sustain or illness or other medical conditions I may experience during my participation in “Parachute Activities” with Skydive TC LLC, I authorize any emergency first aid, medication, medical treatment, or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf.

Uninsured United Parachute Technologies, LLC Tandem Parachute Jumper Agreement

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 Skydive Traverse City, 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 malfunction 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 and/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 dual-harness, 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 (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 (hereinafter 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:

4) Indemnity Against Claims: I will indemnify, defend, save and hold harmless the organizations and/or persons described in paragraphs 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 paragraphs 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 paragraphs 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,

7) Waiver of Jury Trial/Applicable Law/Venue/Headings:

8) Severability/Multiple Waivers:

9) Continuation of Obligations:

10) Viewing of Video: I have viewed and I warrant that I fully understand the accompanying “Skydive Tandem Assumption of Risk Waiver Video 2022” video.

I freely and voluntarily agree to all of the above by signing this contract with Skydive Traverse City of Traverse City, Michigan.

Today's date: July 2, 2024