8. AGREEMENT NOT TO SUE
In consideration for being permitted to engage in
parachuting activities by the released parties, I promise
not to sue the released parties or make any claims against
them for damages, injuries, suffering, or death, even if these
are wholly or partially a result of negligence by the released
parties. This agreement shall be binding on my heirs, spouse,
and family members, dependents, legal representatives, and
assigns, and I instruct them to abide by my agreement with the
released parties, including my promise not to sue.
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9. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
I agree to indemnify and hold harmless the released parties
from all claims and liability, including judgments, and
cost, including attorney fees, incurred in connection with
any actions brought on my behalf as result of my participation
in parachuting activities. Not withstanding any other
provision of this contract including paragraph 8, the prevailing
party in any litigation relating to this contract shall be
awarded all their litigation cost and attorney fees. Including
USPA and manufacturers, distributors and dealers of skydiving
equiptment.
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10. ACCEPTANCE OF FINANCIAL RESPONSIBILITY
I understand that the released parties have no liability
or personal accident insurance or general liability insurance.
I agree that I am solely responsible for any expenses, medical
or otherwise, that I may incur from participation in parachuting
activities. I also agree that the released parties are in no
way responsible to me, my spouse and family, dependents, or my
heirs for any hardship from the loss of income or from expenses
that may result from injuries or death. Furthermore, I agree to
indemnify the released parties for any loss, liability, damage,
or expense, including but not limited to personal injury or
property damage that the released parties, or any third parties,
may suffer as a result of my acts or omissions while participating
in parachute activities. I agree I am responsible for reimbursing
the released parties for damages I cause to any skydiving equipment.
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11. MEDIA RELEASE
I agree that if my image appears on any film or videotape taken
by the released parties, I am willing to allow the released
parties to use it for publicity, informational, or entertainment
purposes at no charge. I also state my willingness to be named
in such materials without remuneration.
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12. DATA USAGE
I agree to the usage, transfer, storage and holding of
my data and information, both entirety and partiality,
contained both within and out of
ANY form, webpage,
website, device, document or medium submitted electronically.
I waive the right to hold the released parties liable
for any and all, but not limited to, data breaches, data
loss, information obtained, information lossed, or any
transfer of my personal and impersonal data or information.
I agree to not sue the released parties for any and all
topics of, pertaining or related to physical or digital
information or data.
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13. CONTINUATION OF OBLIGATIONS
I agree that all of the terms of this agreement apply any
time now or in the future that I am engaged in parachuting
and related activities with the released parties.
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14. FULL CONSENT
By signing this document, I am giving up important legal
rights in exchange for the opportunity to participate in
parachuting and skydiving activities. I understand that
this agreement can and will be used against me in a court
of law, and that similar documents and agreements have been
upheld in Oklahoma and most other states. However, I fully
consent to all the terms of this document and am signing it
with complete understanding and of my own free will. I also
understand that there are many other parachute centers that
offer similar services as this one, but I have chosen to
engage in parachuting activities with the released parties
in spite of the above warnings.
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Lastly, I wish to state that I have READ the foregoing
document carefully and that
I FULLY UNDERSTAND IT and
AGREE TO EVERYTHING CONTAINED WITHIN IT, even if I
have inadvertently failed to Initial each and every clause
contained within, as witness, by my signature below:
Date
Participant Signature