Today's Date: April 24, 2024 THE LENGTH OF THIS DOCUMENT REFLECTS ITS SERIOUS NATURE.PLEASE READ EVERY SINGLE WORD ON EVERY SINGLE PAGE. CONTRACT AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK IN CONSIDERATION of being permitted to utilize the facilities and equipment of Against The Wind INC, (and its associated entities and facilities) to engage in parachute activities, ground instruction, flying and related activities, skydiving, freefall and/or tandem jumping, hereinafter collectively referred to as "skydiving activities," as defined in this contract. I HEREBY AGREE AS FOLLOWS: 1. I understand I am not required to make a parachute jump, but if I desire to do so, I am not required to jump at Against The Wind INC.. I understand there are other drop zones within a 200-mile radius of the City of Jasper. Those drop zones are listed in the phone book or can be located online. I Agree I further understand I may take this document to my personal attorney for review. I elect not to do so. I Agree 2. PARTIES INCLUDED: I understand that this Agreement, Release of Liability and Assumption of Risk includes but is not limited to Against The Wind INC. and or SKYHI AERO LLC, and any of its officers, board members, and shareholders, it's or their agents, customers, associated entities, employees, volunteers, pilots, instructors, jumpmasters, load organizers, independent contractors, the owners of the aircraft, (which shall also include but not be limited to airfoils and balloons), the owners of any land utilized for "skydiving activities", adjacent property owners, SkyHi Aero, the United States Parachute Association and its members, The PIA and any and all equipment manufacturers, anyone working with or for Against The Wind INC.., including independent contractors and/or any manufacturer of, owner or entity charged with the maintenance of any piece of equipment which I may use or am using or is in any way, shape or form being used in connection with my "skydiving activities" at the time of my INJURY or DEATH and anyone involved in any way, shape, form or manner in my "skydiving activities," including the person or entity who pays for my jump, and specifically including but not limited to tandem or experimental test parachute jumping to include tandem parachute jumping, hereinafter collectively referred to in this Agreement, Release of Liability and Assumption of Risk as "SKYDIVE." I Agree 3. This entire Contract, Release of Liability and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of this document by name or by category, all vendors, manufacturers, suppliers or owners of materials or equipment used for "skydiving activities," including but not limited to the manufacturers of the equipment, its employees, directors, officers and shareholders, and all associated entities, shareholders, partners, employees, independent contractors and all other persons or entities in any way, shape or form associated with any entity mentioned, either specifically, by category or by implication, in the body of this document whom are referred to herein as "SKYDIVE." I Agree 4. I understand that this document is a legally binding contract between myself and the entities described herein as "SKYDIVE" and certify that I am of legal age and under no legal disability that would prevent me from entering into a binding contract. I have read, understand and intend to be bound by all of its terms. I Agree 5. By signing this document, I acknowledge that I have been advised, understand and accept that tandem masters, jump masters, parachute packers, load organizers, those charged with the maintenance of the parachutes and parachute equipment, those charged with the maintenance of the aircraft, and pilots are independent contractors. As independent contractors, no other entity, including but not limited to those coming under the heading of "SKYDIVE" can be held responsible for that independent contractor's actions, including but not limited to gross negligence, ordinary negligence and willful and/or wanton misconduct. I accept this limitation. I Agree 6. I acknowledge that I am being advised by this paragraph that neither the aircraft nor parachutes are owned by Against The Wind Inc.. I specifically acknowledge that the owner of the aircraft and parachutes are separate entities and are included in the definition of Released Parties herein referred to as "SKYDIVE" and specifically agree that the owners of the aircraft and the parachutes have the maximum protection afforded any other entity mentioned by name or category in this document for any INJURY to my person or my DEATH even if caused by the negligence or other fault of those entities. I further acknowledge that the maintenance of the aircraft and the maintenance of the parachutes and parachute equipment are performed by independent contractors and "SKYDIVE", cannot be held liable for any INJURY to my person or my DEATH even if caused by the negligence or other fault of those independent contractors. I further agree that this paragraph in no way limits any other paragraph of this Agreement, Release of Liability and Assumption of Risk and acknowledge and agree that this paragraph expands the protection granted to all parties whether mentioned by name, category, implication or otherwise. I Agree 7. I am informed by reading this paragraph and agree that the land used for parachuting activities by Against The Wind INC. located in Jasper, TN. is open to the public for recreational purposes as defined by Tennessee Statute and as such the owner of the land is immune from lawsuits for negligence or other fault to the extent provided for by Tennessee Statute. I accept this limitation. I Agree 8. RISKS CONTEMPLATED: This Agreement is made in contemplation of all "skydiving activities," which for purposes of this agreement shall include but not be limited to all occurrences contemplated or not contemplated, foreseen and unforeseen, likely or unlikely to occur, including but not limited to instruction, parachute jumping, tandem or experimental test parachute jumping, ground instruction, flying and related activities, the exit from the aircraft, skydiving, freefall, canopy opening, time under the canopy, the landing, including but not limited to crash landings, either under canopy or not, inside or outside the aircraft, equipment malfunctions of any kind, any rescue operations or attempts by "SKYDIVE," whether on or off the designated landing area or any facilities used by "SKYDIVE", ground transportation provided to me by any entity in any way associated with "SKYDIVE" and any activity whatsoever in any way, shape, form or manner connected with my "skydiving activities" or my presence on or near the facility and grounds of "SKYDIVE", or any location which is used for my "skydiving activities". I further agree that this includes but is not limited to all recreational activities that I may engage in including but not limited to horseback riding, swimming, canoeing, or any other recreational activities whatsoever, that are in any way associated with "SKYDIVE". This includes any activity which may or does or be claimed to cause or contribute to my INJURY or DEATH, even if caused directly or indirectly by negligence or other fault which terms shall include but not be limited to gross negligence and ordinary negligence on the part of "SKYDIVE". These risks shall be referred to for purposes of this agreement as "skydiving activities". I Agree 9. NEGLIGENCE: The term negligence as used anywhere in the body of this document shall include, but not be limited to gross negligence, ordinary negligence, and/or willful, wanton, or reckless conduct. I Agree 10. I am aware that "skydiving activities" are inherently dangerous and may result in INJURY or DEATH and agree that the unforeseen may happen and no one can delineate all risks or possibilities of error. Therefore, I specifically included in this Release, any INJURY or my DEATH resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated which I any way shape or form is in any way connected with my "skydiving activities" and/or presence on the premises used for my skydiving activities or any other place or entity connected with "SKYDIVE." even if caused by the negligence or other fault of "SKYDIVE." I Agree 11. PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability, and Assumption of Risk be binding not only on myself but on anyone or any entity, including but not limited to my estate and my heirs and any one or any entity that may be able to or does sue because of my INJURY or DEATH. It is further my understanding and agreement that this Release is intended to and does, in fact, release "SKYDIVE" from any and all claims or obligations whatsoever, foreseen and unforeseen, contemplated and not contemplated, arising in any way from my participation in "skydiving activities",even if caused by the negligence or other fault of "SKYDIVE". I Agree 12. RELEASE OF LIABILITY: I hereby release and discharge "SKYDIVE" from any and all liability, claims, demands or causes of action that I or any person or entity may have for my INJURY or my DEATH or other damages arising out of my participation in "skydiving activities" even if caused by negligence or other fault of "SKYDIVE". I Agree 13. COVENANT NOT TO SUE: In exchange for good and valuable consideration, the sufficiency of which is acknowledged I further agree that I, MY ESTATE, OR ANYONE OR ANY ENTITY ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE WILL NOT SUE OR MAKE CLAIM against "SKYDIVE" for damages or other losses, including my INJURY OR DEATH, sustained as a result of my "skydiving activities" even if caused by negligence or other fault of "SKYDIVE." I Agree 14. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD "SKYDIVE" HARMLESS from all claims, judgments, and costs, including but not limited to reasonable attorney's fees, and to reimburse "Skydive" for any expenses whatsoever incurred in connection with any action or lawsuit brought as a result of my participation in "skydiving activities," including but not limited to actions brought by myself or on behalf of myself or my estate, including but not limited to repayment to "SKYDIVE" of any judgments obtained against or collected from "SKYDIVE", even if "SKYDIVE" is claimed or found to be negligent or otherwise at fault. I Agree 15. ASSUMPTION OF RISK: I understand and acknowledge that "skydiving activities" are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN "SKYDIVING ACTIVITIES" WHETHER SUCH RISK IS FORESEEN OR UNFORESEEN, CONTEMPLATED OR NOT CONTEMPLATED, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF "SKYDIVE" including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, the weather, (including but not limited to wind conditions) bad landings, rescue attempts, or any other cause whatsoever, including but not limited to those set forth in other paragraphs of this document, even if those INJURIES or my DEATH are caused by the negligence or any fault of "SKYDIVE." I Agree 16. I hereby agree to waive and do waive any and all duty of care, whether by omission or commission, or any other duty, which may be owed or claimed to be owed to me by "SKYDIVE." I Agree 17. LIMITATION OF WARRANTY: "SKYDIVE" hereby warrants that the equipment provided by "SKYDIVE" has been previously used for "skydiving 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.In accepting this limitation of warranty, I specifically waive any claim I may make for defect in design, manufacture, workmanship or any other defect in equipment and waive any claim I may have that an alternate design was available that would have been safer or in any way better, or that the design employed failed to comply with industry standards. I have read the above paragraph, acknowledge that I understand it and accept the limitation of warranty. I Agree 18. In the event any agent of or claimed agent, independent contractor, or employee of "SKYDIVE" is guilty of willful and/or wanton conduct or misconduct, or any conduct claimed to be or deemed to be outside the scope of this contract/document, by action or law or for any other reason, I agree that entity's action shall be beyond the scope of his/her or/its employment and not attributable to "SKYDIVE" or any other entity, on any agency theory, or any other theory. This shall also apply to any acts which are alleged to be or are deemed to be willful and wanton on the part of any agent, employee, or any person or entity acting on behalf of or instead of any entity included in the definition of "SKYDIVE". I Agree 19. RENTAL EQUIPMENT: I Understand that "SKYDIVE", including but not limited to Against The Wind INC. does not provide rental equipment. "SKYDIVE", including but not limited to Against The Wind INC., acts only to facilitate my rental of any equipment with the provider. The provider of the rental equipment is an independent contractor and as such, I understand that the independent contractor's failings or shortcomings, included but not limited to negligence or other fault in the maintenance or inspection of the equipment which I have rented cannot be attributed to "SKYDIVE", including but not limited to Against The Wind INC.. I have read, understand and accept the limitations of paragraphs 5& 6. I Agree 20. If I am making a student jump, I understand that I will be wearing a separate harness that may need to be adjusted by the jumpmaster. If my jump is a tandem jump, I understand that the jump master and/or tandem master will attach my harness to his/her person and that this will put my body in close proximity to that of the tandem master. I specifically agree to this physical contact between the tandem or jump master and myself. I Agree 21. REFUNDS AND OTHER RECREATIONAL ACTIVITIES. There are no refunds, 24-hour advanced notice is required to cancel or reschedule. I agree to 2 year rescheduling from the date of the first reservation if canceled due to weather or unplanned aircraft maintenance. Reservations and gift certs are fully transferable within the 2-year time limit. I agree to No Refunds due to Inclement Weather, Unplanned Aircraft Maintenance, or Refusal to jump or physical condition rendering the participant unable to jump, This Agreement shall also be effective for and include any recreational activity which is organized, provided by or in any way associated with "SKYDIVE" or takes place on the grounds of "SKYDIVE", or the property owned by any entity in any way associated with, organized or provided by "SKYDIVE", including but not limited to camping canoeing, swimming,or horseback riding. I Agree 22. DURATION OF RELEASE: It is my understanding and intention that this Release and Agreement be effective not only for my first jump but for all subsequent jumps or "skydiving activities" and shall be in full force and effect from the signing of this Agreement. I further agree that any subsequent release signed by me shall include the terms of this release to the extent they are not inconsistent with the subsequent release, and that any and all inconsistencies be decided in favor of "SKYDIVE". I agree that this contract may be terminated upon (180) days' written notice, sent by either party by certified mail return receipt requested. I further agree that such termination shall not effect events occurring or which have occurred prior to the effective date of the termination. I Agree 23. ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be against public policy or unenforceable for any reason, only that portion shall fall, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on behalf of myself, my estate or by anyone or entity who could or does sue because of my INJURY or DEATH. I Agree 24. DOCUMENT BROADLY CONSTRUED AND AMBIGUITIES CONSTRUED AGAINST ME. I am by reading, this paragraph, being made aware that the general rule is that this type of document is to be narrowly construed and ambiguities are to be decided against the person or entity preparing the document. I EXPRESSLY WAIVE that rule and I specifically agree that this document be broadly construed in favor of "SKYDIVE" and against me AND THAT ALL AMBIGUITIES BE RESOLVED IN FAVOR OF "SKYDIVE". I Agree 25. Jurisdiction and venue of any dispute. I agree that I or any entity acting on my behalf or on behalf of my estate will only bring a lawsuit arising out of or related to my skydiving activities in the state courts (and not federal) Hamilton County, Tennessee (Hamilton County Courts). I agree that I, my estate or any entity acting on my behalf or on behalf of my estate will not contest the jurisdiction or venue of the Hamilton County Tennessee Courts. I further agree that by signing this document I am subjecting myself, my estate or any entity acting on my behalf or on behalf of my estate to the personal jurisdiction of the Hamilton County, Tennessee Courts, and agree not to Contest the Hamilton County, Tennessee Court's jurisdiction. I knowingly waive the right to contest the jurisdiction and venue of the Hamilton County, Tennessee Courts. I Agree 26. Law to be applied. I agree that in resolving any legal claim arising out of or related to my "SKYDIVING ACTIVITIES", the court shall apply the substantive statutes, substantive common law and legal precedent of the state of Tennessee. I make this agreement without reference to the "choice-of-law" rules of any state in which a claim related to my "SKYDIVING ACTIVITIES" is brought. I agree that I will not contest the application of Tennessee substantive law to any claim related to this contract and/or my "SKYDIVING ACTIVITIES. I knowingly waive my right to assert that any other state or federal law should apply to any claim related to this contract. I Agree 27. I am aware that I have a right to demand a jury trial in any lawsuit that I, my estate or anyone acting on behalf of me or my estate or heirs might file against "SKYDIVE." I am also aware that it may be to my advantage to do so. I hereby irrevocably waive and give up the right to a jury trial in any lawsuit I might file, or might be filed on behalf of myself, my heirs or my estate against "SKYDIVE". I further understand "SKYDIVE" and "SKYDIVE" alone, at its option, may demand a jury trial. I Agree 28. I am being made aware by this paragraph that the Tennessee Wrongful Death Act provides for the allowance of pecuniary damages for loss of society, grief, sorrow and mental anguish to the survivors. Having been made aware of this, I specifically give up and relinquish the right of my heirs or family members to pursue that type of damage in any wrongful death or other action which may be filed on my behalf or on behalf of my estate and agree to indemnify " Skydive" for any judgment which may be entered on behalf of my survivors. I Agree 29. I hereby authorize "SKYDIVE" or its assignee to take any photographs and videos as they may deem appropriate of myself and to use those photographs, and my name and likeness in such a manner, as they may deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs. I Agree 30. I GIVE UP 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 Agree 31. In the event it is found that any portion or portions of this document conflict with any one or more other portion in this document the interpretation of that portion which is most favorable to "SKYDIVE" shall control. I Agree 32. UNDERSTANDING OF AGREEMENT: I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS. EVEN THOUGH I MAY HAVE FAILED TO INITIAL SOME OR ALL OF THE PARAGRAPHS OF THIS DOCUMENT, I STILL INTEND TO BE BOUND BY ALL PARAGRAPHS. I FURTHER UNDERSTAND THAT THIS DOCUMENT CAN ONLY BE AMENDED IN WRITING, WITH THE AMENDMENT SIGNED BY THE ATTORNEY FOR AGAINST THE WIND , INC. (WHOSE NAME, ADDRESS AND PHONE NUMBER WILL BE SUPPLIED UPON REQUEST) AND MYSELF. I Agree 33. I ELECT NOT TO ATTEMPT TO NEGOTIATE A CHANGE IN THIS AGREEMENT. I Agree 34. I hereby certify that if using my own gear, my reserve parachute has been packed by an appropriately rated FAA certified parachute rigger and will be "in-date", under the Federal Aviation Regulations, on all parachute jumps I make. Should my reserve parachute become "out-of-date", I will have it properly packed PRIOR to making any parachute jumps. I Agree 35.I understand that the quality of my video is affected by many factors that may be beyond Against the Wind, Inc control. Cameras are machines and may not perform correctly at all times.The light and my body position may greatly affect the quality. Editing Services are available. Prepaid promotional deals that include video or Free Video have no cash value and there is no refund. ALL VIDEOS ARE POSTED TO OUR YOUTUBE CHANNEL WHERE YOU CAN VIEW THEM AND SHARE THEM AS YOU SEE FIT. Please allow up to 24-48 hours for video & still picture uploads. Please provide a VALID EMAIL address so we may share the link to our YOU TUBE channel. Keep your head up and look at the camera! I Agree 36. REFUNDS.There are NO REFUNDS issued for ANY reason what so ever. This includes weather, plane maintenance, medical conditions, personal issues, not being able to schedule your skydive before expiration, family emergencies, media not turning out, rescheduling multiple times, military deployment, leaving the country, work conflicts, not living in the state or never going to come back for any reason what so ever. Unruly passengers are subject to being ejected from the facility and funds being forfeided. However, monetary value, either credit card or cash, that you have paid will be added to your account and can be used at a later time before the date of expiration at which time the funds will be considered abandoned and forfeited. You may transfer your funds from your account, excluding your deposit, to others. Your deposit is for you and you alone and cannot be used by anyone else for any reason. Exceptions to this paragraph cannot be made in any way shape or form. ALL SALES FINAL. I Agree THIS WAIVER MEANS THAT IF YOU SIGN, YOU ARE BOUND BY THIS ENTIRE DOCUMENT. IT MEANS IN THE BROADEST GENERAL TERMS THAT IF YOU SUE "SKYDIVE" YOU CANNOT WIN AND, FURTHER, YOU WILL OWE "SKYDIVE" MONEY, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, REPAYMENT OF ANY JUDGMENT OBTAINED AND OTHER EXPENSES INCURRED BY "SKYDIVE" AND "AGAINST THE WIND INC." IN DEFENDING YOUR LAWSUIT AND YOU WILL HAVE TO REIMBURSE "SKYDIVE." FOR ANY JUDGMENT YOU MIGHT GET AGAINST "SKYDIVE" EVEN IF YOUR INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE OF "SKYDIVE". I UNDERSTAND AND AGREE TO BE BOUND BY THIS PARAGRAPH AND ALL OTHERS IN THIS DOCUMENT. I Agree I UNDERSTAND THAT WHEN I SIGN THIS DOCUMENT, I WILL BE GIVING UP ANY AND ALL RIGHTS I OR MY HEIRS MAY HAVE TO SUE ANYONE IN ANY WAY, SHAPE OR FORM ASSOCIATED WITH MY SKYDIVE, EVEN IF THE ENTITY I OR MY HEIRS INTEND TO SUE HAS CAUSED MY INJURY OR DEATH BY THEIR NEGLIGENCE OR OTHER FAULT. I Agree I HAVE BEEN GIVEN AN OPPORTUNITY TO READ THIS DOCUMENT. I HAVE READ EVERY SINGLE WORD ON EVERY SINGLE PAGE. I UNDERSTAND ITS CONTENTS. I INTEND THAT I, AND MY HEIRS, MY FAMILY AND/OR ANYONE WHO MIGHT ACT ON MY BEHALF OR ON BEHALF OF MY ESTATE, IN ANY CAPACITY WHATSOEVER BE BOUND BY ITS TERMS. I Agree I read and understand the English language I Agree YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU NEED MORE TIME TO READ THE DOCUMENT, PLEASE DO, ALL YOU NEED TO DO IS ASK. DATED this day of April 24, 2024
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 Against The Wind INC. DBA CHATTANOOGA SKYDIVING COMPANY, 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 dual harness, dual-container parachute pack assembly to which I will Uninsured United Parachute Technologies, LLC TANDEM PARACHUTE JUMPER AGREEMENT 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. 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 on the day of April 24, 2024. *Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein. IN ORDER TO RECIEVE YOUR VIDEO MEDIA, YOU MUST SUPPLY A VALID EMAIL THAT DOES NOT END IN .EDU . THESE EMAIL ADDRESSES WILL NOT WORK!!! |
