Tandem Waiver & Video

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Skydive OBX, LLC

Release and Waiver of Liability, Assumption of Risk, and Agreement Not to Sue

Skydive OBX, LLC Release and Waiver of Liability, Assumption of Risk, and Agreement Not to Sue This is an important legal document! By signing it, you are giving up certain rights. PLEASE READ IT CAREFULLY BEFORE SIGNING. For more information or questions about your skydive, please consult your instructor. For more information about this document, please seek professional legal advice. I AM AWARE THAT PARACHUTE INSTRUCTION, SKYDIVING, AND JUMPING ARE ULTRA HAZARDOUS ACTIVITIES, AND AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO WAIVE ANY RIGHT I MAY HAVE TO SUE SKYDIVE OBX AND ACCEPT ANY AND ALL RISKS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE 
Initials
1) RELEASE OF LIABILITY. I hereby release and discharge Skydive OBX LLC, N3546F LLC, N92419 LLC, USPA and manufacturers, distributors and dealers of skydiving equipment, the City of Manteo, Dare County Regional Airport, and any and all of their Instructors, contractors and subcontractors, pilots, riggers, drivers, officers, directors, agents, employees, and members; the owners and manufacturers of the aircraft, motor vehicles, boats, land and equipment utilized for parachuting and related activities, including ground and water transportation associated therewith; and all other landowners, tenants and sponsors of demonstration parachute jumps (hereinafter collectively referred to as “Releasees”), from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while participating in any of the activities covered by this agreement, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause.
2) 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 and other applicable regulations, 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 parachuting activities in which I will be participating include but are not limited to parachute jumping, ground instruction, flying and related activities, the exit, the freefall, time under canopy, the landing, any rescue operations or attempts by Skydive OBX, LLC whether on, above, or off area known as Manteo, North Carolina, or any facilities used by Skydive OBX, LLC. 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.
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 Releasees, their officers, directors, agents, employees, representatives, servants, shareholders, suppliers, operators of motor vehicles, operators of ground transportation, 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, defend, save and hold harmless the Releasees, their officers, directors, agents, representatives, servants, employees, and shareholders, suppliers, and operators of ground transportation and 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) DAMAGES, ATTORNEY’S FEES AND COSTS. Should any suit or action at law or otherwise be instituted in violation of this Agreement against any of the Releasees, 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, attorney’s fees and costs incurred in the defense of such action, including any appeals there from.
6) VALIDITY OF AGREEMENT. If I institute, or if anyone on my behalf institutes, any lawsuit, cause of action, or claim for damages against any of the Releasees because of injury to my person or property, or my death, as a result of my participation in the activities covered by this Agreement, I understand that this Agreement can and will be used in court, and that agreements like this one have been upheld by courts in similar circumstances.
7) REVOCATION. I agree that this Agreement cannot be revoked after I have started the parachute jump process. I agree that any revocation of this Agreement shall be made in writing, signed by me, and delivered to an officer of Skydive OBX LLC, by hand delivery. The revocation is not effective unless a written delivery receipt is issued by Skydive OBX LLC. Any revocation will make an express reference to this Agreement. I understand that until a valid revocation is delivered, accepted, and documented by a delivery receipt as required in this paragraph, this Agreement will remain in full force and effect and will continue indefinitely. In the event that this Agreement is claimed to be in conflict with any other waiver, release, or agreement that I may have signed, it is my intent that this Agreement be interpreted to extend maximum protection to the Releasees.
8) NO INSURANCE AVAILABLE. I understand that the activities covered by this Agreement are not covered by any accident or liability insurance policy issued to any of the Releasees.
9) GROUND TRANSPORTATION NOT MANDATORY. I understand that my use of ground transportation provided by the Releasees between the landing area and the airport is not mandatory, and that I may walk or provide my own transportation if I choose to do so.
10) WAIVER OF JURY TRIAL/APPLICABLE LAW/VENUE/ARBITRATION. I agree that the law of the State of North Carolina shall apply to issues involving the construction, interpretation, and validity of this Agreement, and that North Carolina law shall govern any dispute between the parties arising from the activities covered by this Agreement. I acknowledge that I have waived my right to sue the Releasees for any and all reasons, and I would be violating this Agreement if I bring a lawsuit or claim against any of the Releasees, organizations and/or persons described herein. If an action is commenced regarding the construction, interpretation and validity of this Agreement, I agree that Dare County, North Carolina 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 agree that I am waiving and not entitled to a jury trial on any claim, matter, or issue arising out of the Agreement and Release or my dealings and interactions with the Releasees. I further agree that the Releasees, in their sole discretion, for claims they may have against me or my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns, may compel me, my heirs, next of kin, distributees, executors, administrators, guardians, legal representatives and assigns to submit said claim to arbitration to be held in Dare County North Carolina in accordance with the Arbitration Rules of the American Arbitration Association.
11) LIMITATION OF WARRANTY. The Releasees warrant that the equipment provided for Skydiving/parachuting activities has been previously used for skydiving/parachuting activities or is the type of equipment used in skydiving/parachuting 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. I understand and accept this limitation of warranty.
12) SEVERABILITY OF PROVISIONS. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina and if any portions of this Agreement are found to be unenforceable or against public policy, that only those portions shall fail, and I agree to be bound to the remainder of the Agreement. I specifically waive any unenforceability or public policy argument that I could make or could be made on behalf of my estate or by anyone who would sue the Releasees as a result of my participation in the activities covered by this Agreement.
13) CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions or the foregoing ASSUMPTION OF RISK, RELEASE OF 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.
14) REPRESENTATIONS AND WARRANTIES. I represent and warrant that (a) I have no physical infirmity or chronic ailment, except those listed below, am not under treatment for any physical infirmity or chronic ailment or injury of any nature, and have never been treated for the following: Cardiac/pulmonary conditions or disease, diabetes, high or low blood pressure, fainting spells, seizures or convulsions, nervous system disorder, kidney or related diseases, shortness of breath, hearing loss or impairment. (b) I am not taking any medication of any kind. I have not taken or consumed any alcoholic beverages or drugs within the last twelve hours. I have not been scuba diving within the last 24 hours.
15) UNDERSTANDING OF AGREEMENT AND WAIVER OF RIGHTS. I have read and understand this Agreement and Release. If English is not my native or first language, I either can sufficiently read English such that I fully understand the terms of this Agreement and Release, and/or this Agreement and Release has been read to me in my native language and I fully understand the terms of this Agreement and Release. I understand that signing this document surrenders important legal rights for me, and that I intend to do so after fully reading, understanding, and contemplating this Agreement and the rights I am waiving.
16) RULES AND CONDITIONS. I have reviewed and understand all applicable rules and conditions; I accept that all rules and conditions are subject to change without notice; and I agree to follow all applicable rules and conditions.
17) TRAINING. I represent and warrant that I will be thoroughly and completely trained in all activities contemplated by this Agreement.
18) TANDEM EQUIPMENT. I understand that it is necessary for me to be suited with a harness which will allow me to be hooked to my instructor's harness. I further understand that, for safety reasons, it is imperative that this harness fit snugly about my body and it may be necessary for my instructor or other employees or Operator to touch me in places I find personal and offensive. I further understand that the harness, when attached to the instructor during the actual skydive, places my body in close proximity to that of my instructor. By agreeing beneath this paragraph, I acknowledge that I understand the procedure of fitting me with a tandem harness and waive any claim which I might have against the Operators by reason of same.
19) PHOTO & VIDEO RELEASE. For valuable consideration received, I hereby grant to “Skydive OBX LLC” (referred to in this section as “Photographer”) and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish any and all photographic, sound or video imagery of me, or in which I may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction; and to copyright the same. This includes any and all uses. The purchase price is for personal use only. I hereby release Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.
20) ENTIRE AGREEMENT. I understand this Release contains the entire agreement between parties to this agreement and the terms of this Release are contractual and not a mere recital.

Uninsured United Parachute Technologies, LLC TANDEM PARACHUTE JUMPER AGREEMENT

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*Please read each paragraph carefully. Your initial indicates you understand and agree to all of the information and terms contained therein.
Name
Gender
Birth Date
If none, then write “NONE”
Jumped Before
Do you wear corrective lenses?
Type what you would like your name to be on your Jump Certificate. (Optional)
Address
How did you find us?
Electronic Signature Consent

Make sure to watch the video above