WARNING! TANDEM SKYDIVING (JUMPING FROM AN AIRPLANE WHILE ATTACHED TO AN EXPERIENCED SKYDIVER WHO WEARS A PARACHUTE) AND ALL ITS RELATED ACTIVITIES MAY BE DANGEROUS. THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. SHOULD YOU VOLUNTARILY MAKE A TANDEM SKYDIVE OR PARTICIPATE IN ANY RELATED ACTIVITIES, YOU CAN BE SERIOUSLY INJURED OR KILLED. I HAVE SEEN AND HEARD THE VIDEO WAIVER.
April 24, 2024 EXPLANATION OF CIVIL CONTRACT, RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE Attached to this document you will find a contract written in plain English. You must complete and agree to the provisions of this contract with Skydive KY, LLC (hereinafter “SDKY”) before attending receiving instruction. The following information is offered to help familiarize you with the attached contract and some of the risks involved in tandem skydiving and its related activities. This document is not an attempt to identify and describe all the risks involved in skydiving. The ways in which accidents can and do occur are too numerous to provide a detailed list. These are the unavoidable facts of skydiving life: 1. The instructors, pilots, riggers and ground crew are human beings who are capable of making mistakes, which may result in your injury; 2. Your parachute and related equipment has been designed and packed by human beings and can malfunction; 3. Your training cannot be totally adequate, because there is no physical way to simulate the free fall sensation or the sensation of stepping away from an airplane while receiving instruction on the ground. Jumping out of an aircraft is one of the most dangerous things you can do. We tell you this repeatedly so that you cannot say we told you that it was safe. It is not. We do NOT guarantee or warrant that either or both of your parachutes will open properly. We do NOT guarantee or warrant that our staff will function without error. We do NOT guarantee or warrant that you will land in the correct location. We do NOT guarantee or warrant that any of your backup/reserve parachute and related devices will function properly, and we certainly do NOT guarantee or warrant that you won't get hurt. You may get hurt EVEN IF WE AND YOU DO EVERYTHING CORRECTLY! The human body is not designed for the downward impact which you receive upon landing, and it may break your bones or cause internal injuries and death. The only warranty we make is that the equipment provided by SDKY has been previously used for tandem skydiving activities. This warranty is the only warranty made. We make no other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose. You will be performing a tandem skydive or skydives in a program under a temporary exemption to the Federal Aviation Regulations, which exemption was granted to S. E., Inc. d/b/a Strong Enterprises and Strong Certified Tandem Instructors, for tandem parachute jumps by persons wearing a dual harness, dual parachute pack. Because tandem skydiving is relatively new, we cannot anticipate all the things which may go wrong. Typical skydiving injuries consist of broken legs, broken ankles, broken wrists/fingers, back injuries and death from hitting the ground or obstacles (power lines, trees, water and hard surfaces, including runways, taxiways, roof tops, motor vehicles, roadways, or people). These same injuries can also occur in airplane crashes. By doing as we train you to do, we are NOT guaranteeing or warranting that your jump will be injury free. By receiving instruction with us, we are only working to minimize the possibility of injury. The staff and owners of SDKY skydive for fun. While we would like to share this experience with you, we are not willing to risk everything we have worked for over the years because you did something you KNEW to be dangerous and got hurt. If you are the kind of person who contemplates suing when you get hurt, please leave. We will give you a refund and the names of other parachute centers where you might jump. If you jump here, you will be knowingly giving up your right to sue. Tandem skydiving is dangerous. Your equipment is not perfect. The tandem instructor may make a mistake. YOU may commit errors and you cannot be totally trained. For these reasons, we will agree to train you and let you jump here ONLY IF you agree not to sue us if you get hurt, even though your injury results from the parachute center's negligence or gross negligence. In Kentucky, negligence means "the absence of ordinary care" and gross negligence means "the absence of slight care." Negligence could also mean poor equipment, bad training, misrepresentation as to the safety of skydiving, physical or judgmental errors by the staff, or other situations. Some of these might include the failure to address the obvious, such as forgetting to fuel the aircraft, failing to pack the parachute properly or your tandem instructor failing to pull your rip cord. It could be said that YOU are negligent (failing to exercise ordinary care) by even attempting to make a tandem skydive. SDKY provides tandem skydiving instruction and the opportunity to skydive as its principal form of business. We provide a lift-to-jump altitude, a trip from point A to point A, with the aircraft ride to jump altitude being incidental to the business of tandem skydiving and skydiving instruction. Therefore, all of our jump aircraft and pilot training guidelines fall under part 91 of the Federal Aviation Regulations (FAR). The fee which you pay for tandem skydiving at our center includes the following: A fee for training (if training is used), a Strong certified tandem instructor, use of the Strong Enterprises dual harness and parachute pack, and the sharing of expenses of the aircraft. All of these activities are allowable under FAR part 91. Commercial carriers whose prime business is providing aircraft transportation from point A to point B are licensed under FAR part 135, which requires a much higher standard of care for both aircraft and pilot training. If you believe the instruction or equipment is bad or if you believe we misrepresent tandem skydiving to be safe, or if you think the tandem instructor is not capable of carrying you safely, DON'T JUMP and insist on better gear, training, or a different instructor for your skydive. The time to address these decisions is BEFORE YOU JUMP, NOT AFTER. We can make mistakes, you can make mistakes, or luck can just run against you, any or all of which might cause you to get hurt. By signing the release and agreement not to sue, you are admitting that you have been informed of the potential of injury or death and specifically waive the right to sue even in the event of negligence or gross negligence. I (the jumper) HAVE READ THE EXPLANATIONS ABOVE.
April 24, 2024 VOLUNTEER TANDEM SKYDIVER CIVIL CONTRACT RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE This document is a binding contract. It is entered into on,Date of Signing by and between Skydive Ky, LLC® (hereinafter "SDKY®"), United States Parachute Association (hereinafter "USPA") S.E. Inc. d/b/a Strong Enterprises (hereinafter "Strong Enterprises"), their officers, employees, agents and servants, stockholders, successors and assigns and, Additional Signature Box tandem skydiver volunteer. As consideration of this agreement, SDKY®, USPA, and Strong Enterprises grant the tandem volunteer the privilege to participate in the sport of tandem skydiving, including the use of aircraft flights, Strong Enterprises certified tandem skydiving instructors, the use of the facilities and the Strong Enterprises parachute equipment consisting of a dual harness, dual container parachute pack for the purpose of performing an intentional parachute jump. In consideration for this privilege, the undersigned tandem volunteer agrees to be bound by the following terms and conditions: (Initial each condition). I (the person jumping) know how to read and write and understand the English language. I have read and understand the "Explanation of Civil Contract" attached hereto. I understand that I will be performing a tandem skydive or skydives in a program under a temporary exemption to the Federal Aviation Regulations, which exemption was granted to S.E., Inc. d/b/a Strong Enterprises and Strong Certified Tandem Instructors, for tandem parachute jumps by persons wearing a dual harness, dual parachute pack. SDKY® carries no insurance of any kind: no medical insurance, no liability insurance, and no property damage insurance. I agree that if I am hurt or killed, I or my survivors will not look to the parachute center for any insurance payments of any sort. Further, SDKY® does not employ a doctor for medical advice, and we do not advise you as to whether any past or current injury or physical condition will increase your risk of injury or death. (You must consult your doctor for advice regarding your health and physical ability). I Agree I come to this skydiving center of my own free will. I am inducing the owners and staff of SDKY® to allow me to attend their training session to make a tandem skydive by paying money and by signing this legally binding contract. I understand that if I do not pay for my tandem skydive or sign this contract, I will not be allowed to train or jump here. I Agree I acknowledge that SDKY® only warrants that the equipment provided by it has been previously used for tandem skydiving and that this warranty is the only warranty made and is in lieu of any other warranties, express or implied, including but not limited to a warranty of merchantability or fitness for a particular purpose. I Agree I understand that tandem skydiving is a dangerous, calculated-risk activity that CAN and sometimes DOES result in bodily injury or death to its participants. I understand that I will be jumping out of a flying airplane while attached to an instructor and that it is very dangerous to do so. I understand that the parachute will cause me to land in a roughly vertical position and that the human body is not designed for this sort of impact. Nonetheless, I am accepting this risk in order to train and jump here. I Agree I understand that I can be injured or killed EVEN IF SDKY® AND I DO EVERYTHING IT AND I WERE TRAINED TO DO. Nonetheless, I am accepting this risk in order to train and jump here. I Agree I agree to accept all risks associated with the instruction and tandem skydiving. These risks include but certainly are not limited to, those stated above and injuries received while getting in or out of the aircraft, practicing exits from a parked or moving aircraft, getting hit by the aircraft or propellers while in or around the runway, and aircraft taxi area, getting hit by landing parachutists, hitting the ground too hard or landing on dangerous objects due to parachute malfunctions or wind conditions and other calamities both foreseeable and unforeseeable. I Agree I expressly and voluntarily assume the risk of death or other personal injury sustained while participating in skydiving activities, whether or not caused by the negligence, gross negligence, or other fault of SDKY®. I Agree I acknowledge that I have been advised that parachutes don’t always open properly and that ram-air parachutes have a malfunction rate of approximately 0.3%. Many deaths are a result of equipment malfunction. I Agree I agree to cooperate fully in the instruction. If I complete the instruction and make a tandem skydive, I am releasing any claim whatsoever, either present or future, as to the nature of the instruction. I agree that if I am in any way dissatisfied with the instruction or my instructor, I will not jump or I will insist on further instruction or another instructor. I Agree I agree to release SDKY®, S.E., Inc. d/b/a Strong Enterprises, Addington Air Field, the United States Parachute Association, their officers, agents, employees, servants, stockholders, successor and assigns, and all persons who may be directly or indirectly liable for any and all claims, including claims for negligence or gross negligence. I Agree I will not file, nor cause to be filed, nor participate in any lawsuit against SDKY®, S.E., Inc. d/b/a Strong Enterprises, and the United States Parachute Association, their officers, stockholders, agents, servants, employees and any other person who may be in any way connected with the airport, including but not limited to the property owner, the staff with whom I am jumping, their employees and agents for injuries and/or death as a result of skydiving, instruction or use of the facility. I AGREE NOT TO SUE EVEN IN THE EVENT OF NEGLIGENCE OR GROSS NEGLIGENCE OF ANY PERSON. I Agree I understand that I will be jumping with parachute equipment, and there is no promise made or implied that the equipment has been fabricated, certified, or maintained in accordance with any federal, state, or local standard. The only representation is that the equipment has been used for tandem skydiving. I Agree This signed contract and the "Explanation of Civil Contract" is the total agreement between this parachute center and myself. It cannot be amended or nullified by any verbal agreement with anyone. I Agree I understand that I can go elsewhere to make a tandem skydive if I do not agree to these terms. I have not been forced in any way to agree to or sign this document, and I am doing so because I am willing to accept all risks associated with tandem skydiving in order to jump here. I Agree I agree that if any portion of this contract or release is found to be unenforceable or against public policy, only those portions so found to be unenforceable or against public policy shall fail, and the remainder of the release and contract shall be fully enforceable. I Agree I agree to indemnify and hold Skydive Ky, S.E., Inc. d/b/a Strong Enterprises, Addington Air Field, and the United States Parachute Association, their officers, stockholders, agents, servants, employees, and any landowners, their successors and assigns harmless from any and all claims for damages, including reimbursement of all legal fees and costs incurred by the indemnified party resulting from my actions, whether intentional, willful, negligent, or wanton. I Agree I agree that if I take any steps to make a claim for damages against Skydive Ky, S.E., Inc. d/b/a Strong Enterprises, and the United States Parachute Association, their officers, stockholders, agents, employees, or any other released parties arising out of my participation in skydiving and the use of the facilities, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim. I Agree I agree that in the event any of SDKY® agents, employees or staff should determine that I am not competent to further use the facilities, I agree to be bound by their decision. I Agree I understand that this contract and release applies to all phases of my use of SDKY® facilities, including but not limited to all phases of tandem skydiving, skydiving instruction, powered flights, instruction, take off, flight landing, taxiing, and parking. I Agree I further state that I am eighteen (18) years of age or older and that I am not under the influence of alcohol, drugs or medication. I Agree I understand I will be wearing a tandem harness, which will need to be adjusted by SDKY® personnel. I specifically agree to this physical contact between SDKY® personnel and myself. I Agree It is my understanding and intention that this Civil Contract, Release of Liability and Agreement Not to Sue, Indemnification, Hold Harmless and Limitation of Warranty be effective not only for my first jump but for any subsequent jumps or skydiving activities, and shall be in full force and effect from the signing of this agreement until such time as it is canceled by SDKY®. I Agree I hereby agree to waive any and all duty of care, whether by omission or commission, or any other duty which may be owed to me by SDKY®, United States Parachute Association (USPA), and S.E., Inc. d/b/a Strong Enterprises. I Agree 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. By initialing this paragraph, I expressly waive that rule and specifically agree that this document be broadly construed and that it be construed in favor of SDKY®, USPA, and Strong Enterprises and against me and that all ambiguities be resolved in favor of SDKY®, USPA and Strong Enterprises. I Agree It is further agreed between the parties that no matter where the venue lies, any lawsuit shall be filed in the state court of Hardin County, County, Kentucky. It is further agreed that in the event any lawsuit is filed, other than in state court of Hardin County, Kentucky, such lawsuit shall be moved to the appropriate court in Green County, Kentucky, or such other location SDKY®, USPA orStrong Enterprises shall specify, on motion and at the option of SDKY, USPA or Strong Enterprises. Finally, I agree that any move of such a lawsuit shall be at my expense. I Agree I agree that should I owe any monies to SDKY® for products and services rendered, the venue for all collection actions will be Hardin County, Kentucky. I Agree I hereby authorize SDKY® or its assignee to take any photographs and videos as they may deem appropriate for myself and to use those photographs in such a manner as they may deem appropriate and expressly waive any interest, proprietary or otherwise, I may have in such photographs. I Agree I understand that by signing this document, I am giving up important legal rights, and it is my intention to do so. I Agree 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 SDKY® and myself. I Agree I recognize that I do not have to agree to be trained by or jump with SDKY® in order to participate in tandem skydiving activities. I acknowledge that I can go elsewhere to make a tandem skydive, and I acknowledge that SDKY® has offered to provide the names of other skydiving centers where I may make a tandem skydive should I choose not to sign this Agreement. I Agree I understand that the terms herein are contractual and not a mere recital and that I have read, signed, and initialed each provision of this document as my own free act. I Agree I enter into this agreement with the understanding that it will bind me, my heirs, representatives, successors, assigns and administrators. I Agree I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE. April 24, 2024 STATEMENT OF MEDICAL FITNESS: “I, the participant, represent and warrant that I have no physical or mental infirmities (Physical and or Mental Disabilities, Disease, Illness, Fragility, Weakness, Impairments, etc.) except as listed below, am not under treatment of any other physical or mental infirmity or chronic ailment or injury of any nature, and have never been treated for or diagnosed to have any of the following: Mental Illness or Depression, Cardiac or Pulmonary Conditions or Diseases, Diabetes, Fainting Spells or Convulsions, Nervous Disorders, Kidney or Related Diseased, High or Low Blood Pressures, or any other disability which might in any way affect my ability to participate in skydiving, parachuting, flying or related activities.” Space provided later for a listing of any infirmities (if none, so state). April 24, 2024©William F. McMurry Strong Enterprises
"The parachute company with imagination."
11236 Satellite Blvd. Orlando FL 32537
Tel. (407) 859-9317 Fax: (407) 850-6978
www.strongparachutes.com sales@strongparachutes.com
tandem@strongparachutes.com VOLUNTEER PARACHUTE JUMPER WAIVER
AND ASSUMPTION OF RISK AGREEMENT READ BEFORE YOU SIGN. YOU ARE GIVING
UP IMPORTANT LEGAL RIGHTS. VOLUNTEER PASSENGER PARACHUTIST JUMPER WAIVER
ASSUMPTION OF RISK AGREEMENT I (passenger parachutist), hereby acknowledge that I have reached the age of majority as dictated by the state in which I am making my Tandem jump, and I have voluntarily applied to participate in parachuting instruction and training, culminating in a parachute jump at Skydive Kentucky. I AM AWARE THAT PARACHUTE INSTRUCTION AND JUMPING ARE ULTRA HAZARDOUS ACTIVITIES AND AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. In consideration of S.E. Inc. d/b/a STRONG ENTERPRISES, Strong Certified Tandem Instructors (hereinafter referred to as "Corporations") allowing me the privilege of utilizing a dual harness, dual container parachute pack assembly owned by the Corporations for the purpose of my performing an intentional parachute jump and use of their facilities, I agree as follows: 1. REPRESENTATIONS, WARRANTIES AND ASSUMPTION OF RISK.
I understand that I will be performing a parachute jump or jumps in a program pursuant to Federal Aviation Regulations 14 CFR Part 105.45, for tandem parachute jumps by persons wearing a dual harness, dual parachute pack. I understand that parachute jumping is very dangerous and that parachute jumping will expose me to risk of serious personal injury, death and/or property damage. I understand that the success of my jump depends upon the perfect functioning of the airplane from which I intend to jump and of the parachute system, but that neither the airplane nor the parachute system can be entirely depended upon to function perfectly, because each of them is subject to mechanical malfunction and operator error. For the thrill of participating in this activity, I freely and voluntarily choose to assume all the risks inherent in parachute jumping, including but not limited to risks of equipment malfunction or failure to function which may result from some defect in design or manufacture, or from improper or negligent operation or use of the equipment. 2. EXEMPTION FROM LIABILITY. I, my heirs, next of kin, assigns, distributees, executors, administrators, guardians, legal representatives, exempt, release and forever discharge the Corporations, their officers, directors, agents, representatives, servants, employees, shareholders, successors, assigns, suppliers and the operators of the airlift aircraft as well as the owners and lessees of land upon which the parachute jumping and related aircraft operations are conducted from any and all liability, claims, demands or actions or causes of action whatsoever arising out of damages, loss, death, injury to me or my property while participating in any of the activities contemplated by this Agreement, whether such loss, damage, or injury results from the negligence, and/or gross negligence, of the Corporations and/or any other person or business or from any other cause including injuries that may be suffered by me before, during or after the parachute jump. 3. COVENANT NOT TO SUE. I, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns agree never to institute any suit or action at law or otherwise against the Corporations, their officers, directors, agents, employees, representatives, servants, shareholders, suppliers, operators of airlift aircraft, or against the owners or lessees of land upon which the parachute jumping and related aircraft operations are conducted, nor to initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, next of kin, distributees, executors, administrators or assigns hereafter may have by reason of death or injury to my person or to my property arising from the activities contemplated by this Agreement which I ever had or may have in the future. 4. INDEMNITY AGAINST CLAIMS. I hereby agree that, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns will indemnify, save and hold harmless the Corporations, their officers, directors, agents, representatives, servants, employees, and shareholders, suppliers, and operators of airlift aircraft as well as the owners and lessees of land upon which these activities are conducted from any and all losses, claims, actions, or proceedings of every kind and character which may be presented or initiated by any persons or organizations arising directly or indirectly from my parachute jumping. 5. CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions or the foregoing ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGAINST CLAIMS shall continue in full force and effect now and in the future at all times during which I participate either directly or indirectly in parachute jumping and shall be binding upon my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns of my estate. 6. Waiver of Jury Trial/Applicable Law/Venue/Arbitration. 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 by bringing a lawsuit or claim against any of the organizations and/or persons described herein, I waive my right to a jury trial, and agree that Orange County, Florida shall be the sole venue for any suit or action arising from the activities covered by this Agreement, to which jurisdiction I, on behalf of myself, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns, agree to submit. I further agree that the Corporations, in their sole discretion, may compel me, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns to submit said claim to arbitration in accordance with the Arbitration Rules of the American Arbitration Association. 7. Damages, Attorneyʼs Fees and Costs. 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 herein, I, on behalf of myself, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns, agree that such organizations and/or persons shall be entitled to recover, in addition to any other damages which may be incurred, attorneyʼs fees and costs incurred in the defense of such action, including any appeals there from. 8. Headings. 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. I FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OR THE PROVINCE OR STATE IN WHICH THE PARACHUTE JUMP IS MADE, AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. I HAVE FULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO ALL THE TERMS CONTAINED HEREIN BETWEEN MYSELF AND SKYDIVE KY LLC, AND/OR ITʼS AFFILIATED ORGANIZATIONS, AND I HAVE SIGNED IT OF MY OWN FREE WILL. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE, April 24, 2024. |
