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START SKYDIVING, LLC

SKYDIVING/CLIMBING ACTIVITIES PARTICIPANT AGREEMENT

THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
PLEASE ALLOW YOURSELF SUFFICIENT TIME TO CAREFULLY READ AND UNDERSTAND THE ENTIRE DOCUMENT.

In consideration of Start Skydiving, LLC allowing me to utilize the facilities and participate in the skydiving/parachuting, aviation, climbing wall, aerial rope course, and related activities (hereinafter referred to as the "activities covered by this Agreement"), I agree that:

1. ASSUMPTION OF RISK. I know and understand the scope, nature, and extent of the risks involved in the activities covered by this Agreement. I understand these risks include, but are not limited to: equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improper and/or negligent parachute packing and/or assembly; improper and/or negligent operation and/or use of the equipment; aircraft malfunction and/or negligent aircraft operation; carelessness and/or negligent instruction and/or supervision. I voluntarily, freely, and expressly choose to incur all risks associated with the activities covered by this Agreement, understanding that those risks may include personal harm and/or injury, damage to and/or loss of property, and/or death.


2. EXEMPTION AND RELEASE FROM LIABILITY. I exempt and release the following persons, corporations, and organizations: Start Skydiving, LLC; all aircraft owners and pilots with whom it contracts for flying services; the United States Parachute Association (USPA); any and all manufacturers, distributors, and dealers of skydive equipment; the City of Middletown; Start Aviation Services; John Hart II; John Hart III & Lisa Hart; Alex Hart; and all of each person's corporations, organizations, officers, agents, servants, employees, contractors, representatives, and lessors (hereinafter collectively referred to as the “Releasees”), from any and all liability, claims, demands, suits, and/or actions or causes of action whatsoever arising out of any harm, damage, loss, and/or injury to me and/or my property, and/or my death, while upon the premises and/or aircraft and/or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees, and/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 Releasees, 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 and/or property, and/or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees, and/or from any other cause. 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 Releasees, nor shall they initiate or assist the prosecution of any claim for damages or 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 and/or property, and/or my death, arising from activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees, and/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 such suit or action at law or otherwise be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover any and all attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.


4. INDEMNITY AGAINST THIRD PARTY CLAIMS. I agree to indemnify, defend, save, and hold harmless Releasees forever from any and all liabilities, losses, damages, costs, expenses, demands, suits, claims, actions, causes of action, and proceedings of every kind and character, including any and all attorneys’ fees and expenses, which may be presented or initiated by any other persons and/or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees, and/or from any other cause.


5. VALIDITY OF WAIVER. I understand and agree that if I institute, or anyone on my behalf institutes, any suit, action at law, claim for damages, and/or cause of action against any of the Releasees because of any harm, damage, loss, and/or injury to my person and/or my property and/or my death due to the activities covered by this Agreement, this Agreement can and will be used as evidence in court; and that agreements like this one have been upheld in courts in similar circumstances.


6. REPRESENTATIONS AND WARRANTIES. 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 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 wear corrective lenses (specified below). If I am prescribed corrective lenses, I agree to wear them during my intentional parachute jump.


7. APPLICABLE LAW, WAIVER OF JURY TRIAL, VENUE, HEADINGS. I agree that the law of the State of Ohio shall apply to issues involving the construction, interpretation, and validity of this Agreement and that Ohio law shall govern any dispute between the parties arising from the activities contemplated by this Agreement. Should this Agreement be violated and suit be brought against any of the Releasees, my right to a jury trial is waived, and Butler County, Ohio shall be the sole venue for any such suit, which shall be tried non-jury. I agree that the headings and subheadings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.


8. SEVERABILITY. 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.


9. RATES AND IMAGE RIGHTS. I agree to pay the published rates as posted in the office and/or on the website. I grant permission to the Releasees and agree to allow all imagery of my likeness, including photographs and videography footage, shot by any of the Releases with the Releasees’ equipment to be used at will by any of the Releasees at the Releasees' sole discretion.


10. RULES, REQUIREMENTS, REGULATIONS. I agree to follow and adhere to all rules, requirements, and regulations imposed and enforced by Start Skydiving, LLC, the United States Parachute Association (USPA), RCI Adventures, all parachute equipment manufacturers, and the Federal Aviation Administration (FAA).


11. CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, 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 in favor of the Releasees.


12. ACKNOWLEDGEMENT. I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions.


I freely, voluntarily, and expressly agree to all of the above by signing this contract on April 18, 2024 at Start Skydiving, LLC of Middletown, Ohio 45042.

*Please read each paragraph carefully.*
*Your initial indicates you understand and agree to all of the information and terms contained therein.*

First Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
First Jumper's Date of Birth*
First Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
First Jumper's Signature*
Second Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Second Jumper's Date of Birth*
Second Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Third Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Third Jumper's Date of Birth*
Third Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Fourth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Jumper's Date of Birth*
Fourth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Fifth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Jumper's Date of Birth*
Fifth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Sixth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Jumper's Date of Birth*
Sixth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Seventh Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Jumper's Date of Birth*
Seventh Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Eighth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Jumper's Date of Birth*
Eighth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Ninth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Jumper's Date of Birth*
Ninth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Tenth Jumper's Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Jumper's Date of Birth*
Tenth Jumper's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
Jumper's 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, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Insurance

Insurance Carrier*

Insurance Policy Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Do you wear corrective lenses? This includes prescription contacts and glasses. If you are prescribed corrective lenses, you must wear them on any intentional parachute jump as you have legally agreed to do by signing this waiver.*
I DO
I DO NOT

List any and all infirmities you have. If none, state "NONE". *

Height in inches *

Weight in pounds while fully clothed (without any gear). *

Occupation *
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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