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Waiver of Liability

WARNING!!!

IMPORTANT LEGAL DOCUMENT

ASSUMPTION OF RISK WAIVER OF RIGHTS INDEMNITY AGREEMENT & RELEASE OF LIABILITY ACKNOWLEDGMENT OF RISKS AND HAZARDS  


In consideration for being permitted to utilize the facilities and equipment of, Skydive Elsinore Inc., Skydive Elsinore LLC, Xtreme Airsports LLC, Gold State Gear INC, Ground Rush INC, Speedstar Express LLC, Rampart Aviation LLC, Arne Aviation LLC, Win Win Aviation Inc. to engage in ground training, skydiving, parachute jumping, and related activities (hereinafter collectively referred to as “parachuting activities”),

I hereby agree as follows: 

1. I agree that parachuting activities, as used in this document includes all activities of any nature whatsoever that occur at Skylark Airport, or any other location and the operation of the facilities and equipment supplied by any of the released parties as described below.


2. I hereby forever release and discharge  Skydive Elsinore Inc., Skydive Elsinore LLC, Xtreme Airsports LLC, Gold State Gear INC, Ground Rush INC, Speedstar Express LLC, Rampart Aviation LLC, Arne Aviation LLC, Win Win Aviation Inc., United States Parachute Association, all manufacturers, distributors and dealers of skydiving equipment, owners of the aircraft, any and all concessionaires of Skylark Airport, any and all members, officers, directors, shareholders, agents, employees, instructors, pilots, tandem instructors, photographers, and the owners of the foregoing released parties, the aircraft and land utilized for parachuting activities (hereinafter and collectively referred to as ‘“released parties”), from any and all liabilities, claims, demands, or causes of action that I may hereafter have for injuries and damages arising out of my participation in parachuting activities, including, but not limited to losses caused by the passive or active negligence of the released parties or hidden, latent, or obvious defects on the drop zone or in the equipment used.


3. I further release and discharge the released parties, insofar as it is possible to do so under the applicable law, of any duty of care whatsoever toward me. This release and discharge from duty includes a release from liability for conduct, actions, and activities that I do not foresee or anticipate at this time. This release from liability and discharge from duty is intended to be as full and complete a release from liability and discharge from duty as it is possible to make under the applicable law and is intended to be binding upon not only myself, but also upon any other person that might otherwise be able to bring an action for wrongful death in the event I am killed.


4. I further agree that I will not sue or make a claim against the released parties for damages or other losses sustained as a result of my participation in parachuting activities

I also agree to indemnify and hold the released parties harmless from all claims, judgments and costs, including attorneys fees, incurred in connection with any action brought as a result of my participation in parachuting activities including but not limited to losses caused by the passive or active negligence of the released parties: or hidden, latent or obvious defects at the drop zone or in the equipment or aircraft used.


5. I understand and acknowledge that parachuting activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I expressly and voluntarily assume all risk of death or personal injury sustained while participating in parachuting activities including the risk of passive or active negligence of the released parties; or hidden, latent, or obvious defects at the airport and drop zone or in the equipment or aircraft used.


6. I have been advised and recognize that my parachuting activities may not be covered by any personal accident or general liability insurance policy issued to the released parties and that even if there is an insurance policy, this release is intended to deny me any benefits under such policy.


7. I understand that because of the dangers involved in parachuting activities, the released parties are making no warranty of any kind, express or implied, concerning any and all equipment, aircraft, or facilities provided by the released parties.

Parachuting activities can be dangerous and associated equipment such as parachutes and aircraft do not always work the way they are expected to function. I understand that the parachuting equipment provided by the released parties is provided without any warranty that they are fit for use for any purpose whatsoever. They are provided without any warranty of merchantability or airworthiness. The approval for use of any equipment by the released parties is not a warranty that the equipment is suitable for any purpose. But merely an opinion. I understand these disclaimers and I accept them.


8. I understand that because of the nature of parachuting activities, it is impossible for an instructor to determine with any degree of certainty that I have been properly trained to participate in the sport or that I have fully grasped and comprehended the instruction presented to me.

Furthermore, it is impossible for an instructor to predict how anyone will react under the conditions and stress that are inherent in parachuting activities. For that reason, I understand that there is no warranty whatsoever, as to the adequacy of training provided by the released parties to me. I understand that I will be required to warrant to the released parties, that based upon my own evaluation of the training I have received that I believe that I have been adequately trained and that I can safely perform parachuting activities and cope with the conditions and stress of parachuting activities, before I will be allowed to make my first jump.


9. I am fully aware of the hazards of skydiving and accept all risks associated with skydiving. 


10. I specifically agree that I have inspected all of the land, facilities, equipment, aircraft, and parachutes at Skylark Airport. I acknowledge that airports and drop zones contain such dangerous objects as trees, fences, power lines, hills, streams, buildings, rocks, hidden holes, uneven terrain, clods of dirt, poisonous snakes, lakes, and other natural and man-made objects that can cause injury to me upon landing. Furthermore, I understand that the drop zone is in the vicinity of an active runway and that if I land near a taxiing aircraft my parachute may be caught by the aircraft or I may be struck by the aircraft, and I assume the risk of injury or death upon landing and I understand that even under the best conditions, landing can be an extremely dangerous activity and injuries can occur. Based upon my independent evaluation of all the risks, I reaffirm my assumption of the possible extreme risk and danger set out above.


11. It is specifically agreed that each person involved in providing instruction or other skydiving or parachuting activities related services or equipment to me, is an independent contractor and is not an employee or agent of any other of the released parties and that the released parties are not liable for any of the acts of any other persons.


12. As part of the consideration for my being allowed to utilize the facilities of Skydive Elsinore, Inc. Skydive Elsinore, LLC and Xtreme Airsports, LLC, and to participate in parachuting activities, I promise not to sue any of the released parties for any cause of action whatsoever.


13. I certify that considering my lifestyle and the manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any, my children, if any, my heirs, if any, and all other persons dependent upon me so that in the event of my death they will have suffered no financial loss.


14. It is further specifically agreed that venue and jurisdiction for any legal action arising out of any matter which is the subject of the document shall be in the Superior Court of the state of California, County of Riverside.


15. If the court should decide that any clause in this contract is illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force effect.


16. I hereby certify that I do not suffer from any physical infirmity or chronic illness including, but not limited to hearing problems or vision problems which would affect my ability to engage in parachuting activities. I further certify that I am not on any regular medication and have not taken any alcoholic beverages or drugs within the last twelve (12) hours. I also recognize that it is against federal, state, and flight center rules and regulations to take either alcohol or drugs before participating in parachuting activities and I agree to refrain from doing so. I, the participant, represent and warrant that I have no physical infirmities, except as 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 or diagnosed to have and of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous disorders, kidney or related diseases, high or low blood pressure, or any other disability which might in any way affect my ability to participate in skydiving. 


17. I agree that parachuting activities are of little value to the public and no one has to engage in them. 


18. I understand and acknowledge and further agree that including but not limited to tandem diving, there will be substantial physical contact with Skydive Elsinore personnel as is reasonably required under the circumstances to properly fit equipment.


19. This release is intended to be a continuing agreement and shall remain in effect at any and all times I am engaged sport parachuting whether here or at any other location. I understand that parachuting activities involve travel in three dimensions and such activity is subject to mishaps, injury or possibly even death; therefore I again reaffirm my voluntary assumption of all of the risks of engaging in parachuting activities and I again forever release and discharge, insofar as it is possible to do so under the law, the released parties in this agreement from any duty of care whatsoever owed to me.


20. I agree to release to the released parties, the right of use of all video and photographic images, recorded of myself for any purpose chosen by the released parties. I agree not to dispute the use of such materials, nor seek compensation for said use, regardless of any profit derived therefrom.


 

First Experienced Skydiver Name

First Name*

Last Name*

Phone*
First Experienced Skydiver Date of Birth*
First Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
First Experienced Skydiver Signature*
Second Experienced Skydiver Name

First Name*

Last Name*
Second Experienced Skydiver Date of Birth*
Second Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Third Experienced Skydiver Name

First Name*

Last Name*
Third Experienced Skydiver Date of Birth*
Third Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Fourth Experienced Skydiver Name

First Name*

Last Name*
Fourth Experienced Skydiver Date of Birth*
Fourth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Fifth Experienced Skydiver Name

First Name*

Last Name*
Fifth Experienced Skydiver Date of Birth*
Fifth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Sixth Experienced Skydiver Name

First Name*

Last Name*
Sixth Experienced Skydiver Date of Birth*
Sixth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Seventh Experienced Skydiver Name

First Name*

Last Name*
Seventh Experienced Skydiver Date of Birth*
Seventh Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Eighth Experienced Skydiver Name

First Name*

Last Name*
Eighth Experienced Skydiver Date of Birth*
Eighth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Ninth Experienced Skydiver Name

First Name*

Last Name*
Ninth Experienced Skydiver Date of Birth*
Ninth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Tenth Experienced Skydiver Name

First Name*

Last Name*
Tenth Experienced Skydiver Date of Birth*
Tenth Experienced Skydiver Information

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
Experienced Skydiver 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. In case of Accident Please Notify: (please, no one who will be in the aircraft with you)

Name: *

Relationship: *

Address:

City:

State:

Zip Code:

Telephone (C): *

Telephone (W):
For Experienced Jumpers Only

USPA/Foreign Membership# *

Expires: *

License Number: *

Number of Jumps: *

Exit Weight: *

Occupation:
Insurance

Provider:

Policy Number:
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

List any Infirmities, if none, state "NONE" *
Corrective Lenses*
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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