Bay Area Skydiving Waiver-Sport

BAY AREA SKYDIVING

THIS IS AN IMPORTANT DOCUMENT-READ CAREFULLY

WARNING!!!! By signing this legal document you are giving up important legal rights. You will probably not be able to win a lawsuit, even though your injury(s) is the fault of someone other than yourself. Do not sign this document until you have thought about the consequences. Discuss these consequences with whom ever you desire.

NOTICE: If you do not want to sign this document we will be glad to furnish you a list of other skydiving centers where you can go for training and/or jumping.

NOTICE: There is an accident report file available for your inspection. These reports detail some of the accidents and injuries that have occurred in skydiving.

INSURANCE: Your skydiving activities are not covered by any insurance policy. If you require insurance you must furnish your own through your insurance carrier.

WARNING: Skydiving and all associated activities are HIGH RISK. They include the risk of sprains, breaks, serious injury and risk of death.

I HAVE READ AND UNDERSTAND THE ABOVE 5 PARAGRAPHS.

In consideration for being allowed to utilize the facilities and equipment of BAY AREA SKYDIVING and to engage in INSTRUCTION, GROUND TRAINING, FLYING, SKYDIVING and any and all related activities (here-in-after referred to, collectively, as skydiving activities)

NOTE: Read and understand each provision of this agreement and so indicate by placing an X in the space provided at the end of each important item or paragraph. RELEASE OF LIABILITY, INDEMNITY, AGREEMENT, ASSUMPTION OF RISK, CONVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT, CONTINUATION OF OBLIGATION AND WAIVER OF RIGHTS.

1. I hereby forever RELEASE AND DISCHARGE, BAY AREA SKYDIVING, WEST COAST AIR SPORTS, Inc., Byron Aviation Services, Inc., Byron Aviation Holdings, Inc., Skydiving Support & Services, LLC., Airspeed Aviation, LLC., CONTRA COSTA COUNTIES, UNITED STATES PARACHUTE ASSOCIATION, SHAUN J. FENNER, Manufacturers, Distributors and Dealers of Skydiving equipment, land owners, aircraft owners, instructors, concessionaires, contractors, pilots, officers, agents, employees, staff, representatives of any of the above named parties and other parties as may be named by BAY AREA SKYDIVING (here-in-after referred to as ‘the released parties’), from any and all liability, claims, or causes of action what-so-ever, arising out of any damage, loss or injury to me or my property while participating in skydiving activities, including, but not limited to, losses CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES OR HIDDEN, LATENT OR OBVIOUS DEFECTS in the equipment used or in/on any part of the premises.

2. I further agree the I WILL NOT SUE OR MAKE A CLAIM against the released parties for loss or damage sustained as a result of my participation in skydiving activities. I also agree to INDEMNIFY AND HOLD-HARMLESS the released parties from all CLAIMS, JUDGMENTS AND COSTS, INCLUDING ATTORNEY’S FEES, incurred in connection with any action brought as a result of my participation in skydiving activities. I hereby instruct my heirs, executors and administrators never to institute any suit or action at law against any of the released parties, even if losses are caused by the PASSIVE OR ACTIVE NEGLIGENCE OF ANY OR ALL RELEASED PARTIES OR OBVIOUS OR HIDDEN DEFECTS OF THE PREMISES, 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 AND DISCHARGE IS TO REMOVE ANY DUTY OF CARE TO ME BY THE RELEASED PARTIES, WHAT-SO-EVER.

3. I understand and acknowledge that skydiving activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS associated with skydiving 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 my be PASSIVE OR ACTIVE NEGLIGENCE, HIDDEN, LATENT OR OBVIOUS DEFECTS in or on the premises, equipment or aircraft disclaimers.

4. I understand that the parachutes and associated equipment I will use are provided without warranty. They are expressly not warranted that they are fit for a particular purpose, what-so-ever. PARACHUTES DO NOT ALWAYS WORK THE WAY THEY ARE EXPECTED OR INTENDED. Furthermore, I understand my body position and stability can drastically effect the deployment and operation of the parachute. I accept these disclaimers.

5. I understand that the nature of skydiving makes it impossible for an instructor to determine, with any degree of certainty, that I have been trained properly and adequately or that I have grasped and comprehend the instruction given to me. Furthermore, it is impossible for an instructor to predict how I will react under the high speed conditions and stress that are inherent in skydiving activities. I understand that there is no warranty, expressed or implied, what-so-ever, as to the adequacy of the training provided to me. I understand that if I am not sure of any part of the training I can return and re-train with any scheduled class at no additional cost to me. Furthermore, I understand that I will be required to warrant that based on my own evaluation and understanding of training I have received that I can safely perform a skydive and cope with high speed stress conditions and stress, before I will be allowed to skydive.

6. I specifically agree that I have been afforded the opportunity to inspect all of the aircraft and facilities provided by BAY AREA SKYDIVING and their concessionaires. I acknowledge the landing area does contain such dangerous objects as trees, fences, power lines, hills, canals, buildings, rocks, holes, uneven terrain, clods, unpredictable wind conditions and other natural and man-made objects that can cause injury to me upon landing. Furthermore, I understand the landing area is in the vicinity of an active aircraft taxi-way and runway and if I land on or near aircraft that are running, taxing, landing or taking off. I risk the high probability of injury or death upon landing. Even under the best circumstances landing can be an extremely dangerous activity in which many injuries occur.

7. As part of the consideration for my being allowed to utilize the facilities of BAY AREA SKYDIVING INC. and participate in skydiving activities, I HAVE PROMISED NOT TO SUE ANY OF THE RELEASED PARTIES for any cause of action what-so-ever. Furthermore, I realize that the damages to the released parties, if I should decide to breach this promise, are uncertain and difficult to establish. Therefore, in the event I breach this promise I agree the LIQUIDATED DAMAGES I WILL BE LIABLE TO PAY EACH OF THE PARTIES, NAMED IN ANY LAWSUIT I MAY BRING, IS $25,000.00. 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 will be addition to any award made to the third party in each suit.

8. I certify that I have made adequate provision for those persons dependent upon me and my heirs, if any, so that in the event of my injury or death they will have suffered no financial loss.

9. It is specifically agreed that venue and jurisdiction for any legal action arising out of any matter, which is the subject of this document, shall be in Superior Court of the State of California, county of Contra Costa.

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

11. I hereby certify that I do not suffer from any physical infirmity, previous injury or chronic illness that could effect my ability to safely engage in skydiving activities. IIf there is any question how an injury, illness or medications might effect your ability to safely engage in skydiving activities you must check with your doctor and bring a signed statement that in the opinion of your doctor it is safe for you to participate in the sport. FURTHER, I CERTIFY I HAVE NOT CONSUMED ALCOHOL AND/OR DRUGS WHILE ENGAGING IN SKYDIVING ACTIVITIES. Warning: During the opening sequence of the canopy you decelerate from 120 mph to 10 mph in approximately 2 seconds. If you have skeletal problems, please check with your doctor as to the safety of your participation in this activity.

12. SUMMARY: I recognize this agreement is a contract pursuant to which I have released any and all parties from liability for any loss, either to my person or property, EVEN IF SUCH LOSS IS RESULT OF NEGLIGENCE, EITHER PASSIVE OR ACTIVE of any of the released parties, singly or collectively. Further, if I institute a lawsuit or action at law against any or all of the released parties the LIQUIDATED DAMAGES I AM LIABLE FOR IS $25,000.00 FOR EACH DEFENDANT. This document will be used in court in the event of a lawsuit. I UNDERSTAND AGREEMENTS OF THIS TYPE HAVE BEEN UPHELD IN COURTS IN SIMILAR CIRCUMSTANCES.

I HAVE CAREFULLY READ THIS CONTRACT AND RELEASE OF LIABILITY. I FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM 18 YEARS OR OLDER.

I UNDERSTAND THAT I AM NOT GUARANTEED TO TRAIN AND SKYDIVE THE SAME DAY.

I understand, Bay Area Skydiving has a strict No Refunds policy and ALL Sales are final.

I understand, Skydiving is Weather Dependent and should weather prevent my Skydive from taking place, I understand I will be afforded the opportunity to reschedule for a later date.