Tandem Waiver

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, USPA United States Parachute Association, and California Sky Sports, Inc. D.B.A SkyDive West Coast, 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.

1) Representations, Warranties, & Assumptions of Risk: I un- derstand 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 function- ing 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. In consideration of the 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.

2) Exemption and Release from Liability: I exempt and release the following persons and organizations: (A) California Sky Sports Inc, Uninsured United Parachute Technologies LLC, The United States Parachute Association (USPA), Robert Spencer, 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 para- chute 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 (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 para- graph 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 al- leged 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, ex- ecutors, 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 at- torneys’ 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 any- one 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 Condi-tion: I represent and warrant that (a) I have no physical infirmity,except those listed below, am not under treatment for any otherphysical infirmity or chronic ailment or injury of any nature, andhave 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 Agree- ment, 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 thisAgreement are for convenience only and have no significance inthe 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 Corporation shall be enforceable against me by the Corporation.

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.

https://www.youtube.com/watch?v=tFVINO-BqCw
10) Viewing of Video: I have viewed and I warrant that I fully understand the accompanying “Tandem Vector Waiver” video.

I recognize that the sport of parachuting is a strenuous, athletic endeavor requiring me to be in good physical condition. I may suffer or become prone to knee, ankle, neck and/or back degeneration or ailments. I hereby certify that I am not aware of, and do not suffer from, any physical infirmities or chronic illnesses that would affect my ability to safely engage in parachute training or jumping, and that I am not now under any treatment for any physical or medical condition for any of the following:
1. Cardiac or pulmonary condition or disease
2. Diabetes
3. High or Low blood pressure
4. Kidney or related diseases
5. Fainting Spells, convulsions or epilepsy
6. Shortness of breath
7. Hearing loss or impairment
8. Drug or alcohol dependency
9. Neck or back soreness/injury of any kind
10. Any orthopedic, bone or muscular-
11. Nervous or mental disorders
12. Skeletal condition
13. Any impairment of alertness

I certify that I am not on any regular medication and have not taken any alcoholic beverages or drugs within the last twelve (12) hours. I also recognize that it is against Federal, United States Parachute Association, and Skydive West Coast rules and regulations to take either alcohol or drugs while engaging in parachuting activities and agree to refrain from doing so.

I certify that I am at least 18 years of age. 

I understand that while at California Sky Sports/dba: Skydive West Coast, video and photographic images will be captured of myself at any time while at the business location. I understand that I have no legal ownership of copyright of said materials and they may be used at any time for any media purposes for Skydive West Coast with the purpose of promoting their skydiving operations on any form of media print/digital outlet they deem necessary. 

I UNDERSTAND THAT THE SPORT OF SKYDIVING EVEN IF PROPERLY PRACTICED;COULD CAUSE SERIOUS INJURY OR EVEN DEATH. I RECOGNIZE THAT IT IS AN ADULT SPORT AND I AGREE TO TREAT IT AS SUCH.

In consideration of being permitted to utilize the facilities, equipment or training provided by Skydive West Coast Skydiving Center or the services of any of its personnel or any “Related Party” as the term shall be defined herein to engage in parachute jumping, ground instruction, flying and related activities hereinafter collectively referred to as “Parachuting activities”, I hereby agree as follows:

I hereby RELEASE AND DISCHARGE any person or entity connected in any way with my training, flying, skydiving or parachute jumping, including but not limited to Sky Dive West Coast, Robert J. Spencer, California Sky Sports, Inc., The USPA United States Parachute Association, The City of Banning, their offices, directors, agents, employees; all property owners, aircraft owners, pilots, aircraft or other contractors or providers; all instructors, jump-masters and riggers utilized for parachuting activities; all airport operators and/or owners and fixed-base operators, mechanics and aircraft maintenance persons; all equipment manufacturers or suppliers; all municipalities (all hereinafter collectively referred to as “Released Parties”, which term shall include each person so released in his individual as well as representative capacity and whether or not an employee, volunteer of dependent contractor), from any and all suits, claims, liability, demands or causes of action that I may hereafter have for injuries and/or damages arising out of my participation in parachuting activities, wherever and whenever conducted, including but not limited to LOSSES CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE RELEASED PARTIES.

I agree that I WILL NOT SUE, OR MAKE A CLAIM AGAINST, the Released Parties for damages or other losses sustained as a result of my participation in parachuting activities.

I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all expenses, judgments, awards or costs, including attorney’s fees, incurred in connection with any claim brought by me, my estate, heirs, or by any person  as a result of my participating in parachuting activities, whether suit filed or not. Should I violate this covenant, an action against me for any such attorney’s fees, including the fees for such action, may at the option on any Released Party proceed independently and without regard to any right or claim I might have or make that such action should go forward only as a counterclaim or as a claim joined by me or in my behalf, I agree not to seek joiner or consolidation. I understand and I agree that any and all releases given or made by me in this document shall continue and inure to the benefit of any Released Party with whom I may have in the future interact or contract for any purpose connected in any way with parachuting, or flying or skydiving on an individual, separate or private basis.

I understand and acknowledge that parachuting activities have inherent dangers that no amount of care, caution, instruction or experience can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SISTAINED WHILE PARTICIPATING IN PARACHUTING ACTIVITIES WHETHER OR NOT CAUSED BY ANY DEGREE OF NEGLIGENCE OR FAULT OF THE RELEASED PARTIES OR ANY DEFECT ON THE AIRCRAFT OR EQUIPMENT PROVIDED OR LANDING AREA OR SURROUNDINGS.

I have been advised and recognize that my parachuting activities are not covered by any personal accident or general liability insurance policy issued to the Released Parties.  The Released Parties carry no insurance of any kind that might provide medical payments to me. I further assume all responsibility for any damages, harm or injury of any nature that my parachuting activities may cause to others.

Adequate provisions for survivors: I certify that considering my life style and manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any, children, if any, my heirs and all other person’s dependent upon me so that in the event of my death or disability they will not suffer financial loss.

Limitation of Warranty: No individual or party warrants other than that the equipment to be used by the person making this release has been previously used for parachuting activity. THIS IS THE ONLY WARRANTY MADE AND IS MADE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO A WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Venue of Disputes: If I should violate my covenant not to sue, I agree the sole, proper venue of or for any action shall be the in Riverside County in the State of California and stipulate that any action filed elsewhere may be dismissed.

Duration of Release: It is my understanding and intention that this release is effective not only for my first jump or plane flight, but also for all subsequent jumps or flights made with the facilities or equipment of, or in any way involving the personnel of or relying on the training provided by, the Released Parties.

Enforceability: I agree that if any portion of this document should be found to be unenforceable or against public policy, then only the least part of said portion should fail, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on my behalf, or by or on my estate or anyone who would sue because of my, or anyone’s injury or death.

Whole Agreement: I acknowledge that this is the WHOLE AND ENTIRE agreement between the Released Parties and me. I am relying on no other oral or other terms, representations, assurances or any written or printed material of any kind.

I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, FULLY UNDERSTAND IT’S CONTENTS AND SIGN IT OF MY OWN FREE WILL. I UNDERSTAND IT IS A BINDING CONTRACT AND THAT I AM FREE TO OBTAIN LEGAL ADVICE BEFORE SIGNING. I UNDERSTAND THAT I AM GIVING UP, AND INTEND TO GIVE UP, IMPORTANT LEGAL RIGHTS. I understand that no oral representations or statements of any kind by any person can modify the rights or defenses this instrument created in the Released Parties, which rights and defenses may be in addition to those available under, the common law and the laws of this jurisdiction. I further agree that should I for any reason fail to initial any part of this release, I will be deemed to have done so.