SKYDIVE GRAND HAVEN AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK

THIS WAIVER MUST BE SIGNED ENTIRELY AND SOLELY BY THE PARTICIPANT WHO IS INTENDING TO MAKE A SKYDIVE AT SKYDIVE GRAND HAVEN AND MUST BE SIGNED BY EACH PERSON MAKING A 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 photo ID (driver's license, state ID, passport) to check in for their skydive.
3. All participants and visitors must wear a mask at our facility unless fully vaccinated.
4. Participants must be under our maximum weight according to our policy. Our absolute maximum weight allowed is 260lbs (as weighed on our scales in the attire that you will be wearing on the skydive). Participants weighing from 220-234lbs will be charged an extra $10. Participants weighing from 235-249lbs will be charged an extra $20. Participants weighing over 250lbs will be charged an extra $30. Weights over 220lbs require extra work and responsibility for instructors, add weight in aircraft (which may mean taking fewer jumpers per flight), 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. 
5. 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 are not doctors and cannot give any medical advice to participants.
6. 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 feel you are under the influence, or not in an appropriate mental state to skydive, we will not allow you to jump and you may be charged for violating our cancellation policy. 
7. If weather prevents you from skydiving, you will be allowed to reschedule or recieve 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 throw up on your instructor or equipment, there is a $25 cleaning fee.
10.  Skydive Grand Haven strives to provide a safe, family friendly environment. We are a busy operation on an active airfield. Spinning propellors and flying canopies are dangerous. All children (under 18) must be constantly under direct adult supervision. You and any spectators must remain in designated areas unless accompanied by dropzone or airport staff. 
11.  You may request a specific instructor if they are available, but doing so may delay your skydive. 
12.  We strive to schedule and operate efficiently to keep on site time around 3 hours, but it is possible that it may take longer, especially if there are weather delays. If you or your group members arrive late or do not have your waivers completed, it may delay your jump and in some cases, if you arrive too long after your appointment time, you may not be able to jump that day. 
13.  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. 
14.  You are more than welcome to take pictures from the ground (as long as you remain in designated spectator areas). For safety reasons, you will not be allowed to skydive with a camera or take it on the aircraft with you.
15.  Please do not touch any aircraft or equipment unless permitted by a Skydive Grand Haven staff member.

I have read and agree to the above terms and conditions

In consideration of being permitted to utilize the facilities and equipment of Skydive Grand Haven, (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:

Parties Included. I understand that this Agreement, Release of Liability and Assumption of Risk includes the City of Grand Haven, Ottawa County, their officers, employees, volunteers and agents, E2 Technologies, Inc., Earle Bares Airport Manager, Tony Gwinn, Skydive Wayland LLC, and Skydive Grand Haven, LLC, its agents, associated entities, managers, members, partners, employees, pilots, instructors, jump masters, parachute packers, the owners of the aircraft and land utilized for “Parachuting Activities,”, Rotary International, and District 6290 of Rotary International, its clubs and members, the United States Parachute Association and its members, equipment manufacturers, the World Skydiving Association and its members, the State of Michigan, anyone working with or for Skydive Grand Haven, and anyone involved in my “Parachuting 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.”

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 Grand Haven Memorial Airport, Grand Haven, Michigan, or any facilities used by “Skydive.”

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 or damages arising out of my participation in “Parachuting Activities” even if caused by negligence or other fault of the above “Released Parties.”

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.”

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.”

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.”

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.”

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, express 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.

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 any way associated with the above “Released Parties,” no matter when they might occur.

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.

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

It is my agreement with the above “Released Parties” and 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.”

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 execute this agreement and participate in activities with “Skydive.”

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.

Understanding Of Agreement. I hereby certify that I have read and understand the contents of this document and I wish to be bound by it's terms.

I hereby certify and warrant that the statements contained below in the "Participant Info" portion of waiver are true and correct to the best of my knowledge and belief. I further certify and understand that acceptance of this application by Skydive Grand Haven 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 Grand Haven 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.

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 Grand Haven, 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) 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) 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.

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 with Skydive Grand Haven of Grand Haven, Michigan.