IMPORTANT LEGAL DOCUMENT READ CAREFULLY
SKYDIVE PERRIS EXPERIENCED SKYDIVER WAIVER
WAIVER OF LIABILITY, ASSUMPTION OF RISKS COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT WARNING!!!! By signing this document you are giving up valuable legal rights in the event you should be injured and you or your family attempt to sue someone for your injuries. FURTHERMORE, there is no insurance coverage provided by the Released Parties for any injuries that may happen to you while parachuting, skydiving, riding in aircraft, or just being a bystander on the airport premises. This document is intended to waive and release your and your family’s right to make claims for your injuries or to collect upon any insurance benefits. NOTICE!!!! There are a number of other parachuting operations where you may choose to go if you do not want to sign this WAIVER OF LIABILITY, ASSUMPTION OF RISKS, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT. Ask for the list if you do not want to sign this document and it will be furnished to you. DO NOT SIGN THIS DOCUMENT until after you have seen the video for Skydive Perris by Attorney Bill Schanz and you have had an opportunity to think about the consequences of signing this document and fully understand its importance and its binding effect upon you and your family and heirs. Video for Skydive Perris Experienced & PSP Jumpers - Attorney Bill Schanz on Vimeo
October 7, 2024
In consideration for being permitted to utilize the facilities and equipment and personnel at the Perris Valley Airport and to engage in parachute jumping, ground instruction, flying in aircraft, and related activities (hereinafter referred to as "Parachuting Activities"), I, for myself, my heirs, my personal representatives, and/or assigns, HEREBY AGREE TO THE FOLLOWING: 1. I HEREBY FOREVER RELEASE AND DISCHARGE the Perris Valley Airport, Inc., Bennie E. Conatser, Patricia D. Conatser , Patrick M. Conatser, Melanie D. Conatser, Patrick M. Conatser Trust, Melanie D. Conatser Trust, Patrick M. Conatser Irrevocable Trust, Melanie D. Conatser Irrevocable Trust, each and all of the trustees of each of the above identified Trusts, Perris Valley Aviation Services, Inc., Perris Valley Skydiving School, Inc., P.M. Leasing, Inc., Bombshelter Sports Bar & Restaurant, Inc., the “Bombshelter”, the owners or operators of any aircraft or land used in any way for the Parachuting Activities, their independent contractors, instructors, and pilots, Gold State Gear, Inc., Expanding Horizons Rigging Loft, LLC., any and all owners, The Perris Organizers, any and all concessionaires at the Perris Valley Airport, Inc., the United States Parachute Association, and manufacturers, distributors and dealers of skydiving equipment each of their respective officers, directors, shareholders, partners, trustees, agents, and employees (hereinafter collectively the “Released Parties”).
FROM ANY AND ALL CLAIMS AND LIABILITY including but not limited to the negligence, whether active or passive, or breach of any other duty or obligation imposed by law, of any of the Released Parties, including those acting on their behalf, resulting in personal injury (including death), accidents, illnesses, and property or pecuniary loss arising from but not limited to, my participation in the Parachuting Activities, except where caused by gross negligence or willful or wanton misconduct of any of the Released Parties.
2. I intend for this Agreement to be binding upon me regardless of when I participate in the Parachuting Activities. By signing this Agreement I confirm, agree and accept that its terms are fully binding even for my participation in the Parachuting Activities subsequent to this date, even occurring years subsequent. I agree that whenever I engage in the Parachuting Activities, this Agreement is and will be fully applicable.
3. I intend for this Agreement to apply to any of my relatives, personal representatives, heirs, beneficiaries, and next of kin or assigns or any other person who might pursue any legal action or claim regarding my injuries on my behalf or for their injuries that are or might be derivative of mine. 4. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties or any of them for damages or other losses sustained as a result of my participation in Parachuting Activities.
5. I FURTHER AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney's fees, incurred in connection with any claim or action brought by me or on my behalf or as a result or consequence of my participation in Parachuting Activities including but not limited to losses
caused by the active or passive negligence of the Released Parties, including those acting on their behalf, or caused by hidden, latent, or obvious defects on the drop zone or in the equipment or aircraft used in the Parachuting Activities. I FULLY UNDERSTAND THAT THE INTENT OF THIS AGREEMENT IS TO RELEASE AND DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY DUTY OF CARE TO ME WHAT-SO-EVER IN SO FAR AS IT IS POSSIBLE TO DO SO UNDER THE LAWS OF THE STATE OF CALIFORNIA.
6. I understand and acknowledge that Parachuting Activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PARACHUTING ACTIVITIES including the risk of passive or active negligence of the Released Parties, including those acting on their behalf, and of hidden, latent, or obvious defects on the drop zone or in the equipment or aircraft used.
7. I recognize and fully accept that Parachuting Activities are not covered by any personal accident or general liability or life insurance policy maintained by the Released Parties.
8. I understand that because of the unavoidable and unpredictable dangers involved in the use of parachutes the Released Parties are making NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING ANY AND ALL EQUIPMENT, AIRCRAFT, DROP ZONE OR FACILITIES PROVIDED by the Released Parties, or by those acting on their behalf, and I further understand and accept that parachuting is a dangerous sport and that associated equipment, such as PARACHUTES, DO NOT ALWAYS WORK the way they are expected to. Furthermore, I understand that my stability and body position can drastically affect the operation of the parachute. I also understand and accept the dangers and risks associated with airborne or ground collisions between myself and other parachutists or equipment, which collisions may occur at any time during Parachuting Activities. I understand that the parachutes provided by the Released Parties are provided without any warranty that they are fit to use for any purpose whatsoever, without the warranty of merchantability and in particular without any warranty that they are fit to use in descending from an aircraft. Furthermore, I understand that there is no warranty that the parachutes have been packed without a hidden defect in the packing I UNDERSTAND THAT I NEED NOT USE THE EQUIPMENT SUPPLIED BY A RELEASED PARTY, AND THAT I MAY USE MY OWN EQUIPMENT, IF IT IS APPROVED BY A CERTIFIED RIGGER.
I also acknowledge that the approval for use of any equipment by a rigger is not a warranty that the equipment is suitable for any purpose. I understand these disclaimers and I accept them.
9. I understand that because of the nature of sport parachuting, it is impossible for an instructor to determine with any degree of certainty that I have been properly trained to participate in the sport or that I have fully grasped and comprehended any instruction if any has been presented to me. Furthermore, I accept that it is impossible for an instructor to predict how I will react under the high-speed conditions, potential malfunctions, emergencies and stress that are inherent in sport parachuting. For that reason, I understand that no warranty whatsoever has been provided to me as to the adequacy of any training provided by the Released Parties.
I warrant to the Released Parties that, based upon my own evaluation of the training I have received, I believe that I have been adequately trained and that I can safely perform a parachute jump and cope with the high speed conditions and stress of sport parachuting.
10. This acknowledges that I have previously seen the video and heard the soundtrack of "THE PERRIS VALLEY AIRPORT WAIVER VIDEO".
11. I specifically agree that I have inspected to the degree I deem appropriate, all the land, facilities and equipment of the Perris Valley Airport, Perris Valley Airport, Inc., Perris Valley Aviation Services, Inc., P. M. Leasing, Inc., and their concessionaires. I acknowledge that the drop zone (landing area) does contain such dangerous objects as trees, fences, powerlines, hills, streams, buildings, rocks, hidden holes, uneven terrain, clods of dirt, poisonous snakes, unpredictable wind conditions, and other natural and man made objects that can cause injury to me upon landing; furthermore, I understand that the drop zone is in the vicinity of an active runway and that if I land near a taxiing aircraft my parachute may be caught by the aircraft or I may be struck by the aircraft, and I assume the risk of injury or death upon landing, and I understand that even under the best conditions, landing is an extremely dangerous activity and many injuries occur. Based upon my independent evaluation of all the risks I FURTHER AFFIRM MY ASSUMPTION OF THESE EXTREME RISKS AND THE OTHERS SET FORTH IN THIS AGREEMENT.
12. As part of the consideration for my being allowed to utilize the facilities of the Perris Valley Airport and engage in Parachuting Activities, I PROMISE NOT TO SUE any of the Released Parties for any cause of action whatsoever;
furthermore, I realize that the damages to the Released Parties for any breach of this promise are uncertain and difficult to establish and that in the event I breach this promise I agree that the LIQUIDATED DAMAGES THAT I WILL BE LIABLE TO PAY TO EACH OF THE RELEASED PARTIES NAMED IN ANY LAWSUIT I MAY BRING IS $25,000.00 FOR EACH DEFENDANT.
I further agree that this provision for liquidated damages shall apply to any action in which I am required to indemnify the Released Parties and it shall be in addition to any award made to the third party in each suit.
13. I certify that I have been given a copy and have read the case of ANTHONY HULSEY v. ELSINORE PARACHUTE CENTER. 14. I certify that, considering my life style and the manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any, my children, if any, my heirs, if any, and all other persons dependent upon me so that in the event of my death they will be adequately provided for.
15. I hereby consent to the use of all visual documentation of my skydive produced by PVSS, Inc. and PVAS, Inc. for promotional usage by Released Parties.
16. It is further specifically agreed that venue and jurisdiction for any legal action arising out of any matter which is the subject of this document shall be in the Superior Court of the State of California, County of Riverside.
17. If any Court should decide that any clause in this Agreement is illegal or unenforceable, I agree that such determination shall not affect the validity or enforceability of the remaining provisions hereof. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
18. I understand that if I have any of the following medical conditions or are currently being treated for the following medical conditions that I will provide details below in the Participant's Information section.
- Cardiac or pulmonary conditions or disease
- High or low blood pressure
- Fainting spells or convulsions
- Hear loss or impairment
- Nervous disorders
- Diabetes
- Kidney or related diseases
- Shortness of breath
- Psychiatric disorders
- Joint dislocation
IF yes, to any conditions above, I hereby certify and warrant that I have been and/or are currently being successfully treated for such condition so that such condition will not be any danger to me or to others and that such treated condition does not present any known or foreseeable risk to me or to others, while I participate in the Parachuting Activities.
19. Have you EVER had a dislocated shoulder?
If your answer above is Yes, it is advised that you not participate in any type of skydive due to the potential for injury or death that may occur by your not being able to properly deploy your chutes should you experience an inflight dislocation. However, if you elect to proceed with the Parachuting Activities notwithstanding this warning and those additional risks, the following acknowledgement is required: I acknowledge and accept the additional risks of injury or death that exist because of my dislocated shoulder history and despite those additional risks, I have decided to proceed with the Parachuting Activities. I do so with full knowledge of those additional risks, assume all consequences thereto, whether known to me now or unknown, and hold the Released Parties harmless from same. I Agree 20. I represent and warrant that I am in good health and I have no known physical or mental infirmities that would impair my ability to participate in the Parachuting Activities. I also represent and warrant that I am not taking any medications or substances, prescription, or otherwise, that would impair my consciousness or ability to fully concentrate or to be fully aware of my surroundings or actions or those of others, or to participate in the Parachuting Activities. I further certify and warrant that I have not taken any alcoholic beverages or drugs within the last eight (8) hours. I also recognize that it is against Federal, State, and United States Parachute Association rules and regulations to take either alcohol or drugs while engaging in the Parachuting Activities and I agree to refrain from doing so. I Agree
21. I further certify and warrant that I am not relying on any oral or written representation or statements made by any of the Released Parties other than what is set forth in this documented Agreement. I further agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. I Agree
22. I hereby declare that I am at least eighteen (18) years of age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf, and that my parent or legal guardian is in complete understanding and concurrence with this Agreement. I Agree I CERTIFY THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. I FULLY UNDERSTAND IT IS A BINDING CONTRACT AND ACCEPT THAT BY SIGNING THIS DOCUMENT I GIVE UP IMPORTANT LEGAL RIGHTS. IT IS MY INTENTION TO DO SO AND I DO SO VOLUNTARILY. I FULLY ACCEPT ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL.
Today's Date: October 7, 2024 |