IMPORTANT LEGAL DOCUMENT
READ CAREFULLY
TSUNAMI SKYDIVERS, INC.
ASSUMPTION OF RISKS AND HAZARDS,
WAIVER OF RIGHTS, RELEASE AND INDEMNITY AGREEMENT
WARNING!!!! By signing this document, you are giving up valuable legal rights in the event you should be injured and attempt to sue someone for your injuries. You will probably not be able to win your lawsuit even though someone other than yourself was legally at fault. You further are granting us the express authority to summon emergency and medical care for you in the event you are incapacitated and hereby are agreeing to be financially responsible for any such service summoned on your behalf.
ATTENTION!!!! YOU MAY NOT SKYDIVE WITHIN 24 HOURS OF YOUR LAST SCUBA DIVE.
FURTHERMORE, there is no insurance coverage provided by the Released Parties for any injuries that may happen to you while parachuting, skydiving or riding in aircraft, and even if insurance exists, this document is intended to waive and release your right to collect any such insurance benefits.
NOTICE!!!! There are a number of other parachuting schools that you may chose if you do not want to sign this Assumption of risks and Hazards, Waiver of Rights, Release and Indemnity. Ask the instructor for a list if you do not want to sign this document and it will be furnished to you.
DO NOT SIGN THIS DOCUMENT until after you have thoroughly read it and you have had an opportunity to think about the consequences of signing this form and discuss them with whomever you desire including an attorney of your choice.
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TSUNAMI SKYDIVERS, INC.
INDEMNITY AGREEMENT & RELEASE OF LIABILITY ACKNOWLEDGMENT OF RISK AND HAZARDS
ASSUMPTION OF RISK
WAIVER OF RIGHTS
In consideration for being permitted to utilize the facilities and equipment of the TSUNAMI SKYDIVERS INC. and to engage in parachute jumping, ground instruction, flying and related activities (hereinafter referred to “Parachuting Activities”).
I,, hereby agree as follows:
1. I hereby forever RELEASE AND DISCHARGE () Tsunami Skydivers, Inc., their officers, directors, agents, employees independent contractors, instructors, pilots, jumpmasters, owner of aircraft and land utilized for Parachuting Activities (hereinafter “RELEASED PARTIES”), including, but not limited to, losses CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE “RELEASED PARTIES” as aforementioned above, including any obvious or latent defects on the drop zone or landing area or in the equipment used. ().
2. 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. ().
3. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney’s 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
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defects on the drop zone or in the equipment or aircraft used. I acknowledge and agree that this agreement shall remain in full force and effect now and in the future. (). This agreement shall be binding upon my heirs, executors, and administrators of my estate. (). THE INTENT OF THIS RELEASE IS TO RELEASE AND DISCHARGE THE RELEASED PARTIES OF ANY DUTY OF CARE TO ME WHAT-SO-EVER IN SO FAR AS IT IS POSSIBLE TO DO SO UNDER THE LAWS OF THE STATE OF CALIFORNIA OR ANY OTHER PROPER JURISDICTION WHATSOEVER. ().
4. I understand and acknowledge that Parachuting Activities have inherent dangers that no amount of care, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS () ASSOCIATED WITH PARACHUTING ACTIVITIES. I am fully aware that skydiving activities include the possibility of SERIOUS INJURY AND/OR DEATH. Knowing this I ASSUME ALL RISKS OF INJURY OR DEATH, even though there may be PASSIVE OR ACTIVE NEGLIGENCE, HIDDEN, LATENT, OR OBVIOUS DEFECTS in or on the premises, equipment or aircraft. () I expressly authorize Tsunami Skydivers Inc. to summon medical care on my behalf in the event that I am incapacitated. ().
5. I have been advised and recognize that my Parachuting Activities are not covered by any personal or general liability insurance policy issued to or maintained by the RELEASED PARTIES. ().
6. I understand that because of the unavoidable and unpredictable dangers involved in the use of parachutes, the RELEASED PARTIES are making no warranty of any kind, expressed, or implied, concerning any and all equipment, aircraft or facilities provided by the RELEASED PARTIES, PARACHUTING is a dangerous sport and associated equipment, such as PARACHUTES DO NOT ALWAYS WORK the way they are expected. Furthermore, I understand that my stability and body positions can drastically affect the operation of the parachute. (). I understand that the parachutes provided by the RELEASED PARTIES are provided without any warranty that they are fit to use for any purpose whatsoever, without the warrant of merchantability and in particular without any warranty that they are fit to use in descending from an aircraft. Furthermore, I understand that there is no warranty that the parachutes have been packed without a hidden defect in the packing. I UNDERSTAND THAT I NEED NOT USE THE EQUIPMENT SUPPLIED BY A RELEASED PARTY, BUT I MAY USE MY OWN EQUIPMENT, IF IT IS APPROVED BY A CERTIFIED RIGGER. ().
The approval for use of any equipment by a rigger is not a warranty that the equipment is suitable for any purpose, but merely an option. I understand these disclaimers and I accept them. ().
7. I understand that because of the nature of the sport parachuting it is impossible for any 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 high-speed conditions and stress that are inherent in sport parachuting. 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
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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 a parachute jump and cope with the high speed conditions and stress of sport parachuting, before I will be allowed to make a parachute jump. ().
8. I specifically agree that I have inspected all the land, facilities, equipment and aircraft of Tsunami Skydivers, Inc.,. I acknowledge that the drop zone (landing area) does contain, or is located in close proximity to, such dangerous objects as sand, ocean waters, coral, trees, fences, powerlines, hills, streams, buildings, rocks, hidden holes, uneven terrain, clods of dirt, native wildlife, freeways, highways and other roads, homes, businesses, unpredictable wind conditions, 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 taxing 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 is an extremely dangerous activity and many injuries occur. Based upon my independent evaluation of all risks I REAFFIRM MY ASSUMPTION OF THESE EXTREME RISKS AND DANGERS SET OUT IN THIS AGREEMENT ().
9. As part of the consideration for my being allowed to utilize the facilities of the Tsunami Skydivers, Inc., I PROMISE NOT TO SUE () any of the RELEASED PARTIES for any cause of action whatsoever; furthermore, I realize that the damages of the RELEASED PARTIES for any breach of this promise are uncertain and difficult to establish and that in the event I breach this promise I agree that the LIQUIDATED DAMAGES THAT I WILL BE LIABLE TO PAY TO EACH OF THE RELEASED PARTIES NAMED IN ANY LAWSUIT I MAY BRING IS $25,000.00 () FOR EACH DEFENDANT. I further agree that this provision for liquidated damages shall apply to any action in which I am required to indemnify the RELEASED PARTIES and it shall be in addition to any award made to the third party in each suit. ()
10. I agree to follow all Tsunami Skydivers Inc. safety rules. (). I understand that I may be prohibited from participation in skydiving if I exhibit behavior that Tsunami Skydivers Inc. believes is or could be detrimental to myself or other participants ().
11. I certify that, considering my life style and 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. ().
12. I further agree that in the event I have any claim whatsoever against any of the RELATED PARTIES arising out of my parachuting or skydiving activities including an action for personal injury, that it all be a condition precedent to the filing of a lawsuit against any of the RELATED PARTIES that the matter first be arbitrated by an arbitration board appointed by the board of governors of the society and that the decision and finding of that board shall be final and binding upon all person. ().
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