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This Waiver is Intended for

Experienced & Student (non-tandem) Skydivers

(2024 ed.)


Today's Date: May 5, 2024

RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT


WARNING: SKYDIVING AND ALL ASSOCIATED ACTIVITIES ARE HIGH RISK.  RISKS INCLUDE, BUT ARE NOT LIMITED TO, SPRAINS, BREAKS, SERIOUS INJURY, AND DEATH.

Please read each paragraph carefully and check the box where indicated. By checking the box, you acknowledge that you understand the information and terms above the box and you accept and sign of your own free will. 

I Agree

By signing this legal document (“Agreement”), you are giving up important legal rights, including the right to sue for injuries. Do not sign this document until you have thought about the consequences. You are encouraged to discuss these consequences with whomever you choose. If you require additional time to do so, you may reschedule your appointment to skydive for another date.

If you do not want to sign this document, we will be glad to provide a list of other skydiving centers where you can go for training and/or skydiving. 

Your skydiving activities are not covered by any insurance policy. If you require insurance, you must furnish your own through your insurance carrier. 

I Agree

In consideration for being allowed to utilize the facilities, equipment, and aircraft of PreStar, Inc. dba SkyDance SkyDiving (“SkyDance SkyDiving”) and to engage in ground instruction, flying, skydiving, parachuting, aviation, and related activities (hereafter referred to, collectively, as “skydiving activities”), I hereby agree, on behalf of myself and my heirs, trustees, administrators, executors, estate, spouse, family members, successors, assigns, or anyone else who can now or who may in the future claim by, through, or in connection with me (all of which including myself are collectively the “Releasing Parties”), as follows:

 RELEASE OF LIABILITY. I, on behalf of myself and the other Releasing Parties, forever release, discharge, and hold harmless, SkyDance SkyDiving, Action Air Parachutes, Inc, United Parachute Technologies, LLC, Seattle Aircraft Rentals, LLC, Action Airways, LLC, any other manufacturers, dealers, or distributors of equipment you may use, and each of their respective owners, officers, directors, members, agents, employees, instructors, independent contractors, staff, jumpmasters, parachute riggers, parachute packers, pilots, as well as the owner(s) of any aircraft, persons performing maintenance work on any aircraft, the owners of any land utilized for skydiving activities, the United States Parachute Association and its members, and the County of Yolo, California (collectively the “Released Parties”), from any and all liability, claims, demands, or causes of action whatsoever, arising out of any damage, loss, or injury to me or my property, or resulting in my death, while participating in skydiving activities, including, but not limited to, LOSSES CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OR FAULT OF THE RELEASED PARTIES OR HIDDEN, LATENT, OR OBVIOUS DEFECTS to any property, equipment, or aircraft used. This release explicitly includes any claim for emotional distress or injury based upon or related to witnessing or being in proximity to the injury or death of another person.   

I Agree

 COVENANT NOT TO SUE. I, on behalf of myself and the other Releasing Parties, agree NEVER TO SUE or assert any claim, cause of action, demand of any kind against the Released Parties for loss or damage sustained as a result of my participation in skydiving activities, EVEN IF CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES OR HIDDEN, LATENT, OR OBVIOUS DEFECTS to any property, equipment, or aircraft used. I hereby instruct my heirs, trustees, administrators, executors, estate, spouse, family members, successors, assigns, or anyone else who can now or who may in the future claim by, through, or in connection with me to never institute any suit or action at law against any of the Released Parties for any reason whatsoever.

I Agree

 INDEMNIFICATION AND HOLD HARMLESS. I, on behalf of myself and the other Releasing Parties, agree to INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Released Parties from all claims, causes of action, demands, judgments, expenses, and costs, INCLUDING ATTORNEY’S FEES, incurred in connection with any action brought as a result of my participation in skydiving activities, including but not limited to any action brought by me or the Releasing Parties. 

I acknowledge that if I sue SkyDance SkyDiving or any other Released Parties, I will have to pay their attorneys’ fees and costs regardless of the outcome.

I Agree

 ASSUMPTION OF RISK. I understand and acknowledge that skydiving activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate. I understand that the success of any skydive is dependent upon the perfect functioning of the airplane from which I intend to jump and the parachute system I use, 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 EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS associated with my participation in skydiving activities. I am fully aware that skydiving activities include the possibility of SERIOUS INJURY AND/OR DEATH. Knowing this, I ASSUME ALL RISKS OF INJURY OR DEATH, EVEN IF CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES OR HIDDEN, LATENT, OR OBVIOUS DEFECTS to any property, equipment, or aircraft used.

I Agree

 NO WARRANTY AS TO EQUIPMENT. I understand that the parachutes and associated equipment I will use are provided without warranty. There is no warranty, express or implied, that any equipment is fit for any particular purpose. PARACHUTES DO NOT ALWAYS WORK THE WAY THEY ARE EXPECTED OR INTENDED. Furthermore, I understand my body position and stability can drastically affect the deployment and operation of the parachute. I accept these disclaimers.

I Agree

 NO WARRANTY AS TO TRAINING. I understand that the nature of skydiving makes it impossible for an instructor to determine, with any degree of certainty, that I have been trained adequately, or that I grasp and comprehend the instruction given to me. Furthermore, it is impossible for an instructor to predict how I will react under the conditions and stress that are inherent in skydiving activities. I understand that there is no warranty, express or implied, as to the adequacy of the training provided to me. I understand that if I am not sure of any part of the training I can return and re-train before jumping. Furthermore, I understand and warrant I will make my own evaluation, based on my understanding of training I have received or will receive, that I can safely perform a skydive and cope with high stress conditions and environment inherent in skydiving before I board an aircraft for skydiving activities. 

I Agree

 FINANCIAL RESPONSIBILITY. I assume all financial responsibility for my participation in skydiving activities, including for any bodily injuries, medical expenses, or damages that I suffer EVEN IF CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY OR ALL THE RELEASED PARTIES OR HIDDEN, LATENT OR OBVIOUS DEFECTS to any property, equipment, or aircraft used. I certify that I have made sufficient provisions for those persons dependent upon me and my heirs, if any, so that in the event of my injury or death they will have adequate financial support.

I Agree

 NO MEDICAL CONDITION. I hereby certify that I do not suffer from any physical infirmity, previous injury, chronic illness, or other medical condition that could affect my ability to safely engage in skydiving activities. I further certify that I am not on any medication that could affect my ability to safely engage in skydiving activities. I understand and acknowledge that SkyDance SkyDiving and its staff do not have medical training, are not familiar with my individual medical history, and cannot provide any medical opinion as to my fitness to engage in skydiving activities. If there is any question how an infirmity, illness, injury or medication might affect my ability to safely engage in skydiving activities, I will check with my doctor and bring a signed statement that in the opinion of my doctor it is safe for me to participate. 

I Agree

 DRUG & ALCOHOL USE PROHIBITED PRIOR TO SKYDIVING. Drug and alcohol use is strictly forbidden before taking part in skydiving activities, including consumption of cannabis (commonly referred to as Marijuana), even if proscribed by a physician. In accordance with federal law, SkyDance SkyDiving and its staff will refuse to fly with anyone who appears, smells, or otherwise acts like they are under the influence of any drugs or alcohol.

I CERTIFY I HAVE NOT, AND WILL NOT, CONSUME ALCOHOL AND/OR DRUGS PRIOR TO OR WHILE ENGAGING IN SKYDIVING ACTIVITIES. 

I Agree

 MEDIA RELEASE. I agree that SkyDance SkyDiving may use my image and/or name on any film, video, or printed material taken at, or published by, SkyDance SkyDiving for marketing, publicity, or entertainment purposes at no charge to SkyDance SkyDiving. I understand that even if I do not purchase photographs or videos from SkyDance SkyDiving that others who participate in skydiving activities at the same time as me may purchase those services and I may be recorded or photographed incidentally.

I Agree

 PHYSICAL CONTACT. I understand that all skydiving, including tandem skydiving, involves close physical contact with others. I further understand that during the course of putting gear on, taking gear off, flying in aircraft, and during a skydive, I may be touched, pushed, pulled, and/or adjusted in areas otherwise considered private or personal, that may make me feel uncomfortable, or which I may not permit under other circumstances. I acknowledge the necessity of that physical contact, consent to it, and agree that it shall not constitute abuse or harassment.

I Agree

 DURATION. It is my understanding and intention that this Agreement be effective not only for my first skydive at SkyDance SkyDiving, but that it apply for all subsequent skydives and all skydiving activities in any way associated with SkyDance SkyDiving on the date I execute this Agreement or at any later date.

I Agree

 NO GUARANTEE TO TRAIN AND SKYDIVE ON THE SAME DAY. I acknowledge Skydiving activities are dependent on many variables including weather, availability of instructors, and aircraft functionality. While SkyDance SkyDiving makes an effort to have everyone train and skydive on the same day, I understand that I am not guaranteed to train and skydive on the same day.

I Agree

 USPA MEMBERSHIP REQUIRED. All (non-tandem) student and licensed participants must be current members of the United States Parachute Association (USPA) in good standing in order to participate in skydiving activities at SkyDance SkyDiving. USPA provides 3rd party liability insurance to its members. By signing below, I represent that I am a current member of USPA in good standing and am covered by their 3rd party liability insurance policy. If my membership status changes, expires, or is revoked, I will cease all skydiving activities at SkyDance SkyDiving until I am once again a current USPA member in good standing with insurance coverage. I will bear all financial responsibility for 3rd party damages caused by my participation in skydiving which are not covered by the USPA member policy.

I Agree

 PARACHUTE EQUIPMENT AIRWORTHINESS AND RESERVE PACK DATE.  All parachuting equipment used must be in airworthy condition and have had an emergency/reserve parachute inspection and repack by a FAA certified parachute rigger within the last 180 days. I will check all equipment for airworthiness each use and will not use any equipment which is unairworthy, unsafe, or does not have an in-date emergency/reserve parachute pack job. I will not exceed the TSO or airworthiness limitations on any parachute equipment I use.  

I Agree

 COVID-19. I acknowledge the contagious nature of the Coronavirus/COVID-19. I understand that I may be in close proximity to other people while engaged in skydiving activities. I certify that I am not experiencing any symptoms of illness (such as cough, shortness of breath, fever, chills, sore throat, new loss of taste or smell, etc.), and that I have not been recently diagnosed or tested positive for COVID-19. 

I Agree

 JURISDICTION AND VENUE. Even though I have agreed not to sue, I agree that any legal action arising out of my participation in skydiving activities or that is related to this Agreement must be brought in Superior Court of the State of California, County of Yolo. I consent to jurisdiction and venue in the Yolo County Superior Court. I waive any argument that Yolo County is an inconvenient forum. 

I Agree

 CHOICE OF LAW. This Agreement, and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement, or to my participation in skydiving activities, shall be governed by, and enforced in accordance with, the laws of the State of California, without regard to conflict of law principles.

I Agree

 SEVERABILITY. If a court should decide that any provision in this Agreement is unenforceable or illegal, such determination shall not affect the validity of the remaining provisions, all of which shall remain in full force and effect.

I Agree

 PRIOR WAIVERS. If I have executed any other agreements or waivers containing provisions relating to my participation in skydiving activities at or with SkyDance SkyDiving, I agree that the agreement which provides the most protection from liability and/or suit against the Released Parties shall be enforceable against me.

I Agree

 CAPABLE OF CONTRACTING. I certify that I am 18 years of age or older, that I have sufficient understanding of the English language to understand this Agreement, and that I have the legal and mental capacity to enter into this Agreement.

I Agree

 PARTICIPATION IS VOLUNTARY. I understand that my participation in skydiving activities is voluntary. I do not have to skydive. I have the choice not to skydive and may choose to not participate or end my participation prior to making a skydive or parachute jump, subject to SkyDance SkyDiving’s refund policy.

I Agree

 REAFFIRMATION.  Having read this entire document, I REAFFIRM MY ASSUMPTION OF RISKS AND DANGERS OUTLINED IN THIS DOCUMENT.

I Agree


I HAVE CAREFULLY READ THIS AGREEMENT AND THE RELEASE OF LIABILITY CONTAINED WITHIN. I ACKNOWLEDGE I AM GIVING UP IMPORTANT LEGAL RIGHTS IN EXCHANGE FOR BEING PERMITTED TO PARTICIPATE IN SKYDIVING ACTIVITIES. I ACKNOWLEDGE THAT SIMILAR AGREEMENTS ARE ROUTINELY UPHELD IN COURT. I FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT AND SIGN IT OF MY OWN FREE WILL. 

I Agree

May 5, 2024


---END Release of Liability and Assumption of Risk Agreement---


BLOCK JUMP & STUDENT JUMP PACKAGE TERMS & CONDITIONS

SkyDance SkyDiving offers Student Training Packages and Experienced Jumper bulk jump packages, "Block Jumps", at discounted rates as a convenience and savings to our jumpers. You are not required to purchase these Training Packages or Block Jumps in order to jump here; you may choose to put money on your account and pay on a jump-by-jump basis. Purchases of Student Training Packages and Block Jump Packages are subject to the following terms and conditions:

TERMS: YOU ARE ENTERING INTO A LEGAL CONTRACT BY AGREEING TO THE TERMS OF THIS SALE.

I understand the following:

By signing below, you state that you have read the terms and conditions of this legal contract and agree to its conditions.


First Skydiver's Name

First Name*

Last Name*

Phone*
First Skydiver's Date of Birth*
First Skydiver's Information

Weight *
First Skydiver's Signature*
Second Skydiver's Name

First Name*

Last Name*
Second Skydiver's Date of Birth*
Second Skydiver's Information

Weight *
Third Skydiver's Name

First Name*

Last Name*
Third Skydiver's Date of Birth*
Third Skydiver's Information

Weight *
Fourth Skydiver's Name

First Name*

Last Name*
Fourth Skydiver's Date of Birth*
Fourth Skydiver's Information

Weight *
Fifth Skydiver's Name

First Name*

Last Name*
Fifth Skydiver's Date of Birth*
Fifth Skydiver's Information

Weight *
Sixth Skydiver's Name

First Name*

Last Name*
Sixth Skydiver's Date of Birth*
Sixth Skydiver's Information

Weight *
Seventh Skydiver's Name

First Name*

Last Name*
Seventh Skydiver's Date of Birth*
Seventh Skydiver's Information

Weight *
Eighth Skydiver's Name

First Name*

Last Name*
Eighth Skydiver's Date of Birth*
Eighth Skydiver's Information

Weight *
Ninth Skydiver's Name

First Name*

Last Name*
Ninth Skydiver's Date of Birth*
Ninth Skydiver's Information

Weight *
Tenth Skydiver's Name

First Name*

Last Name*
Tenth Skydiver's Date of Birth*
Tenth Skydiver's Information

Weight *
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information about upcoming events and promotions
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Medical Statement
Please list any personal medical information below which may be helpful to medical personnel in the event of you requiring emergency services. This information may be provided to emergency personnel or other persons assisting in your care. *SkyDance SkyDiving cannot assess your ability to skydive safely based on the below answers. You must obtain advice from your doctor regarding any questions about your ability to participate in skydiving activities.*
Agree?

List any Health Conditions

Medications or allergies

Blood Type

Emergency Contact who is familiar with your health situation
Do you have normal vision?*
No
Yes
Do you wear corrective lenses?*
No
Yes
How did you hear about us?
How did you hear about us?*
USPA Information
Are you a member of the United States Parachute Association?*
No
Yes
USPA license type

Total # of skydives
Policies
All skydivers are expected and required to follow USPA Basic Safety Requirements and safety recommendations as well as FAA/CFR14 Part 105, 91, and 61 regulations. SkyDance SkyDiving reserves the right refuse service without refund to customers who do not follow this policy. *
I understand and agree to follow the above governing & legal regulations.
USPA Values Statement: USPA is committed to promoting an atmosphere that allows our sport to be safe, inclusive and fun. We advocate for the dignity and well-being of all individuals and respect diverse traditions, heritages and experiences. We value inclusivity and reject discrimination based on race, ethnicity, gender, sexual orientation, religious belief or any other attribute not related to performance or merit. USPA affirms its vision of a safe and healthy skydiving environment free of violence and any form of discrimination, including sexual or racial harassment. *
I understand that harassing or discriminatory behavior is not tolerated on the dropzone.
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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Weight *
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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