Orange Skies Free Fall Center, LLC. JUMPER INFORMATION:
EMERGENCY CONTACTS:
I authorize Orange Skies Free Fall Center to use photos and video footage of my skydive in promotional materials.
IMPORTANT LEGAL DOCUMENT READ CAREFULLY
Orange Skies Free Fall Center, LLC.
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 an 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 choose 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.
IMPORTANT LEGAL DOCUMENT READ CAREFULLY
I acknowledge I have read, understand and agree to all of the above:
1.
I hereby forever RELEASE AND DISCHARGE Orange Skies Free Fall Center, LLC., Robert J Intlekofer (land owner), Larimer County Colorado, Maxim Aviation LLC and the United States Parachute Association, their officers, directors, agents, employees, independent contractors, instructors, pilots, jumpmasters, Equipment Manufacturers, Distributors and dealers of equipment, 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 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 WHATSOEVER IN SO FAR AS IT IS POSSIBLE TO DO SO UNDER THE LAWS OF THE STATE OF COLORADO 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, and OR OBVIOUS DEFECTS in or on the premises, equipment or aircraft. I expressly authorize Orange Skies Free Fall Center, LLC. 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 merchant ability 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 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 Orange Skies Free Fall Center, LLC., Airport Property Ventures LLC, Larimer County, Colorado, Maxim Aviation LLC, and their concessionaries. I acknowledge that the drop zone (landing area) does contain, or is located in close proximity to, such dangerous objects as rivers, bodies of water, ditches,trees, fences, power lines, 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 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 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 Orange Skies Free Fall Center., 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 THERE LEASED 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 Orange Skies Free Fall Center, LLC’s., safety rules. I understand that I may be prohibited from participation in skydiving if I exhibit behavior that Orange Skies Free Fall Center, LLC. 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 persons.
13.
It is further 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 the superior court of the State of Colorado, County of Larimer.
14.
If the Court shall decide that any clause in this contract is illegal or unenforceable, such determination shall not effect the validity or enforceability of the remaining provisions hereof, all of which would affect my ability to engage in parachute training and jumping and that I am not now under treatment of any physical or mental disorder, including but not limited to any of the following:
I 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 further certify that I am not skydiving within 24 hours of my last scuba dive. I also recognize that it is against Federal, State, United States Parachute Association and Parachute Center rules and regulations to take either alcohol or drugs while engaging in Parachuting Activities and agree to refrain from doing so. I understand that Orange Skies Free Fall Center. reserves the right to deny services to anyone deemed under the influence.
15.
Sport parachuting is defined in Colorado Revised Statute section 13-21-121 as a agritourism recreational activity. Colorado Revised Statute section 13-21-121(1) ”The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage these activities by limiting the civilliability of certain persons involved in providing the opportunity to participate in these activities”. I agree that the County of Larimer has not charged any fee for my participation in parachuting activities. I acknowledge,accept, and assume the risk that serious bodily injury or death may occur as a result of my voluntary decision to participate in this activity. Neither the County of Larimer nor any of its employees have any duty to warn me of the risks associated with this activity. I acknowledge that neither 7 the County of Larimer nor any of its employees are involved with the operation or maintenance of the aircraft used in this activity, the drop zone, or any other facility or equipment used in this activity. I further acknowledge and agree that the County of Larimer has not promoted the participation or observance of this hazardous recreational activity. I further acknowledge the County of Larimer has made no representation or warranty about Orange Skies Free Fall Center, LLC. or anyone else associated with this activity.
I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF LIABILITY, I FULLY UNDERSTAND AND AGREE TO ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL.
