Denver Skydivers, Inc.
Brush Municipal Airport
30055 Highway 34
Brush, Colorado 80723
WARNING!
SKYDIVING, PARACHUTING AND ALL RELATED ACTIVITIES CAN BE DANGEROUS AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE INJURED OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN SKYDIVING, PARACHUTING AND RELATED ACTIVITIES.
ALL PARTICIPANTS COMPLETE THIS SECTION
PLEASE PRINT CLEARLY!!
DATE
NAME: ______
Last First MI
STREET ADDRESS: ______CITY______
STATE______ZIP CODE______DATE OF BIRTH:______
HOME TELEPHONE: (______) ______OTHER PHONE :( )
EMAIL SEX: WEIGHT:
PERSON TO NOTIFY IN CASE OF AN EMERGENCY
Name: Relationship:
Telephone Number ( ) ( )
HOW DID YOU HEAR ABOUT US
TV___ Radio____ Yellow Pages____ Internet___ Newspaper ___ Friend ___Other_____
EXPERIENCED JUMPERS PLEASE COMPLETE THIS SECTION
USPA Membership #______Expiration Date: ______License #
Total Jumps Date of Last Jump Reserve Pack date:
CONTRACT
AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK
In consideration of being permitted to utilize the facilities and equipment of DENVER SKYDIVERS, INC. (its associated entities and facilities) to engage
in parachute activities, ground instruction, flying and related activities, skydiving, freefall and tandem jumping, hereinafter collectively referred to as “skydiving activities” as defined in paragraph 7 of this contract, I hereby agree as follows:
1. I understand I am not required to make a skydive, but if I desire to do so, I am not required to jump at “DENVER SKYDIVERS, INC.” I understand there are other drop zones within a 150 mile radius of the city of Denver. ( )
2. I understand that this document is a binding contract between myself and the entities described herein as “DENVER SKYDIVERS, INC.” and certify that I am of legal age and under no legal disability which would prevent me from entering into a binding contract. ( )
3. I am aware that “skydiving activities” are inherently dangerous and may result in injury or death and agree that the unforeseen may happen and no one can delineate all risks or possibilities or error. Therefore, I specifically include in this release, any injury resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated, which is in any way connected with my “skydiving activities” and/or presence on the premises commonly known as the airport, or any other place or entity connected with DENVER SKYDIVERS, INC.” ( )
4. PARTIES INCLUDED: I understand that this Agreement, Release of Liability and Assumption of Risk includes, but is not limited to, DENVER SKYDIVERS, INC. and any of it’s officers, board members, and shareholders, it’s or their agents, customers, associated entities, employees, volunteers pilots, instructors, jumpmasters, the owners of the aircraft (which shall also include but not be limited to airfoils and balloons), the owners of any land utilized for “skydiving activities,” adjacent property owners the United States Parachuting Association and it’s members, anyone working with or for DENVER SKYDIVERS, INC., any manufacturer of a piece of equipment or gear which I may use or am using at the time of my injury or death and anyone involved in any way, shape, form or manner in my “skydiving activities” and specifically including but not limited to tandem or experimental test parachute jumping to include tandem parachute jumping, hereinafter collectively referred to in this Agreement, Release of Liability and Assumption of risk as DENVER SKYDIVERS, INC. ( )
5. The undersigned acknowledges the “City of Brush” has a contract with “DENVER SKYDIVERS, INC.” to provide general services for the public. In consideration for the airport services from DENVER SKYDIVERS, INC. and it’s shareholders, officers, directors, employee’s, agents and assigns, and any and all other persons or entitles related airport services are included within the terms of this Contract Agreement, Release of liability and Assumption of Risk and does hereby release the City of Brush from any and all claims, demands or causes from action arising out of or related to, “skydiving activities. ( )
6.This entire Contract, Release and Assumption of Risk is expanded to include all parties mentioned anywhere in the body of the document by name or by category, all vendors or suppliers of materials or equipment for “skydiving activities”, including but all limited to the manufacturer of the equipment, it’s employees, directors, officers and shareholders, and all associated entitles, shareholders, partners, employees, and all persons in any way associated with any entity mentioned, either specifically or by implication, in the body of this document. ( )
7. RISK CONTEMPLATED: This Agreement is made is contemplation of all “skydiving activities” which for purposes of this Agreement shall include but not be limited to all occurrences contemplated or not contemplated, foreseen and unforeseen, instructions, flying and related activities, the exit from the aircraft, skydiving, freefall, time under canopy, the landing, any rescue operations or attempts by “DENVER SKYDIVERS, INC.”, ground transportation provided to me by any activity whatsoever in any way, shape, form or manner connected with my “skydiving activities”, or my presence on or near the facility or the grounds of “DENVER SKYDIVERS, INC.”, or the airport which is used for my “skydiving activities.” These risks shall be referred to for purposes of this agreement as “skydiving activities.” ( )
8. PARTIES BOUND BY THIS AGREEMENT: It is my understanding and intention that this Agreement, Release of Liability, and Assumption of Risk be binding not only on myself, anyone or any entity, including but not limited to my estate and my heirs, and anyone or any entity that may be able to or do sue because of my injury or death. It is further my understanding and agreement that this Release is intended to or does in fact release “DENVER SKYDIVERS INC.” as defined in paragraph 3 from any and all claims or obligations what so ever, foreseen and unforeseen, contemplated activities, even if caused by the negligence or other fault of “DENVER SKYDIVERS, INC.( )
9. RELEASE OF LIABILITY: I hereby release and discharge “DENVER SKYDIVERS, INC”. From any and all liability, claims, demands of causes of action that I may hereafter have for injuries or damages arising out of my participation in “skydiving activities” even if caused by negligence or other fault of “DENVER SKYDIVERS, INC”. ( )
10. COVENANT NOT TO SUE: I further agree I WILL NOT SUE OR MAKE CLAIM against “DENVER SKYDIVERS, INC”, for damages or other losses sustained as result of my “skydiving activities” even if caused by negligence or other fault of “DENVER SKYDIVERS, INC” ( )
11. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD “DENVER SKYDIVERS, INC” HARMLESS from all claims, judgments and costs, including but not limited to reasonable attorneys fees, and to reimburse them for any expenses whatsoever incurred in connection with any action brought as a result of my participation in “skydiving activities” including but not limited to actions brought by myself or on behalf of myself or my estate. ( )
12. ASSUMPTION OF RISK: I understand and acknowledge that “skydiving activities” are inherently dangerous and I EXPRESSLY AND VOLUNTARILY ASSUMED ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN “SKYDIVING ACTIVITIES” WHETHER SUCH RISKS IS FORSEEN OR UNFORSEEN CONTEMPLATED OR NOT CONTEMPLATED, AND WHETHER OR NOT CAUSED BY THE NEGLIANCE OR OTHER FAULTS OF “DENVER SKYDIVERS, INC”, including but not limited to equipment malfunction from whatever cause, inadequate training, any deficiencies in the landing area, rescue attempts, the weather, bad landings, or any other cause whatsoever, including but not limited to those set forth in paragraph 7, even if those injuries are caused by negligence or any fault of “DENVER SKYDIVERS,INC.(_____)
13. I HEREBY AGREE to waive any and all duty of care, whether by omission or commission, or any other duty which may be owned to me by “DENVER SKYDIVERS, INC”. ( )
14. LIMITATION OF WARRANTY: “DENVER SKYDIVERS, INC” warrants that the equipment provided by “DENVER SKYDIVERS, INC” has been previously used for “skydiving 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 have read the above paragraph, acknowledged that I understand it, and accept the limitation of warranty. ( )
15. In the event of any agent of “DENVER SKYDIVERS, INC” is guilty of willful and wanton conduct, or any conduct outside of the scope of this contract, I agree that agents actions shall be beyond the scope of his/ her employment and not attributable to “DENVER SKYDIVERS, INC” for any other entity on any agency theory, or any other theory. ( )
16. If I am making a student jump, I understand that I will be wearing a separate harness, which may need to be adjusted by the jumpmaster. If my jump is a tandem jump, I understand that the tandem master will attach my harness to his and that this will put my body in close proximity to that of the tandem master. I specifically agree to this physical contact between the tandem master and myself. ( )
17. OTHER RECREATIONAL ACTIVITIES: This agreement shall also be effective for and include any activity which takes place on the grounds of “DENVER SKYDIVERS, INC”, or the property owned by any entity in any way associated with “DENVER SKYDIVERS, INC”. ( )
18. DURATION OF RELEASE: It is my understanding and intention that this release and agreement be effective not only for my first, but for all subsequent jumps or “skydiving activities” and shall be in full force in effect from the signing of this agreement, until such time as it is cancelled by “DENVER SKYDIVERS, INC. ( )
19. ENFORCEABILITY: I agree that if any portions of this Agreement, Release of Liability and Assumption of Risk are found to be unenforceable or against any public policy, that only that portion shall fall, but I specifically waive any unenforceability or any public policy argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury or death. ( )
20. I am, by reading this paragraph, being made aware that the general rule Is that this type of document is to be narrowly construed end ambiguities are to be decided against the person or entity preparing the document By initialing this paragraph, I expressly waive that rule and specifically agree that this document be broadly construed and that It be construed in favor of Denver Skydivers Inc. and against me and that all ambiguities be resolved in favor of “DENVER SKYDIVERS, INC (_____)
21. It is further agreed between the parties that no matter where venue lies, any lawsuits shall be filed in the Court of Common Pleas of Morgan County Colorado. It Is further agreed that in the event any lawsuit is filed other than in the Court of Common Pleas Morgan County Colorado, such lawsuit shall be moved to Morgan County Colorado or such other location as Denver Skydivers Inc.” shall specify, on Motion and at the option of “DENVER SKYDIVERS, INC. Such move shall be at my expense ( )
22. I hereby agree to reimburse “DENVER SKYDIVERS, INC” for loss or damage to any equipment of any kind whatsoever caused by my personal negligence or other wrong doing. ( )
23. I hereby authorize “DENVER SKYDIVERS, INC”. or its assignee to take any photographs and videos as they may deem appropriate of myself an to use those photographs in such a manner as they may deem appropriate and specifically waive any interest, proprietary or otherwise, I may have in such photographs. (_____)
24. I GIVE UP LEGAL RIGHTS: it has been explained to me, and I understand, that by signing this document I am giving up important legal rights and it is my intention to do so. ( )
25. Even though I may have failed to in initial some or all of the paragraphs of this document, I still intend to be bound by all paragraphs. I further understand that this document can only be amended in writing, with the amendment signed by the attorney for the drop zone and myself. ( )
26. UNDERSTANDING OF AGREEMENT: I HEREBY CERTFY THAT I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND I WISH TO BE BOUND BY ITS TERMS AND I UNDERSTAND THAT BY SIGNING THIS, I HAVE FOREVER GIVEN UP IMPORTANT LEGAL RIGHTS. ( )
27. I UNDERSTAND THAT WHEN I SIGN THIS DOCUMENT, I WILL BE GIVING UP ANY AND ALL RIGHT I OR MY HEIRS, PERSONAL REPRESENTATIVES OR ANYONE CLAIMINGBY OR THROUGH ME MAY HAVE TO SUE ANYONE IN ANY WAY, SHAPE OR FORMAS WITH MY SKYDIVE, EVEN IF THE ENTITY I INTEND TO SUE HAS CAUSEDMY INJURY OR DEATH BY THEIR NEGLIGENCE. ( )
I HAVE BEEN GIVEN AN OPPORTUNITY TO READ THIS DOCUMENT. I HAVE DONE SO. I UNDERSTAND ITS CONTENTS. I INTEND THAT NOT ONLY I, BUT MY HEIRS, MY FAMILY AND ANYONE WHO MIGHT ACT ON MY BEHALF IN ANY CAPACITY WHATSOEVER BE BOUND BY ITS TERMS. ( )
READ BEFORE YOU SIGN. YOU ARE
GIVING UP IMPORTANT LEGAL RIGHTS
DATED this ______day of , 20______
______
(Signature) (Print your name)
FOR INTERNAL USE ONLY
WITNESS
Name: ______Signature:______Date:______
Name: ______Signature:______Date:______
Type of identification:______ID#______D.O.B._____/______/______
Type of jump:______Checked by:______