In consideration of the services of AXIS Flight School, LLC, Inc.
their agents, owners, officers, volunteers, employees, and all other
persons or entities acting in any capacity on their behalf
(hereinafter collectively referred to as "AXIS"), I hereby agree to
release, indemnify, and discharge AXIS, together with the owners,
operators, lessors, and personnel of any aircraft, drop zone, or
indoor skydiving facility at or with which AXIS provides services,
wherever in the world that facility is located and whoever owns or
operates it (together with AXIS, the "Released Parties"), on behalf
of myself, my spouse, my children, my parents, my heirs, assigns,
personal representative and estate as follows:
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I acknowledge that my participation in skydiving, parachuting,
indoor skydiving (vertical wind tunnel flight), and the
instruction and coaching provided by AXIS in connection with
them (collectively, "the Activity") entails known and
unanticipated risks that could result in physical or emotional
injury, paralysis, death, or damage to myself, to property, or
to third parties. I understand that such risks simply cannot be
eliminated without jeopardizing the essential qualities of the
Activity.
The risks include, among other things: the
hazards of being struck by the equipment; slips and falls during
take-off or landing; improper use or operation of the equipment
and aircraft; use of the vertical wind tunnel, receiving
instruction, strenuous bodily movement, and exposure to extreme
wind conditions; collision or forcible contact with the tunnel
walls, netting, floor, door, or other flyers; falling within the
flight chamber; exposure to high noise levels; physical contact
from instructors, who may grip, position, or maneuver my body
during flight; improper parachute packing or assembly;
equipment being used failure to function; loss of flying
control, including collapse, stall, spiral, change in direction
or flight path, rapid rate of descent and ascent, pitch, yaw,
roll and change in turning radius; collision with structures or
other objects; high altitude; transmissible pathogen or disease;
major injuries are a risk as are sprains, strains, scratches,
bruises, abrasions, cuts, lacerations, broken bones, fractures,
musculoskeletal injuries including head, neck, and back
injuries; injuries to internal organs; loss of fingers or other
appendages; becoming lost or separated from other pilots,
guides, instructors or other participants; failing to act safely
or within one's own ability; my own physical condition; and the
physical exertion associated with the Activity.
Furthermore, AXIS personnel and the personnel of any facility
where the Activity takes place have difficult jobs to perform.
They seek safety, but they are not infallible. They might be
unaware of a participant's fitness or abilities. They might
misjudge the weather, wind speed or airflow settings, or other
environmental conditions. They may give incomplete warnings or
instructions, and the equipment being used might malfunction.
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I expressly agree and promise to accept and assume all of the
risks existing in the Activity. My participation in the Activity
is purely voluntary, and I elect to participate in spite of the
risks.
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I agree to follow all rules, briefings, and instructions given
by AXIS personnel and by the staff of any facility where the
Activity takes place. I understand that my participation may be
ended at any time, without refund, if I fail to do so or if I
appear to be under the influence of alcohol or drugs.
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I hereby voluntarily release, forever discharge, and agree to
indemnify and hold harmless the Released Parties from any and
all claims, demands, or causes of action, which are in any way
connected with my participation in the Activity, or with my use
of AXIS's equipment or facilities or of any aircraft, drop zone,
or indoor skydiving facility used in connection with the
Activity,
including any such claims which allege negligent acts or
omissions of the Released Parties.
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Should any of the Released Parties, or anyone acting on their
behalf, be required to incur attorney's fees and costs to
enforce this agreement, I agree to indemnify and hold them
harmless for all such fees and costs.
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I certify that I have adequate insurance to cover any injury or
damage I may cause or suffer while participating, or else I
agree to bear the costs of such injury or damage myself. I
further certify that I am willing to assume the risk of any
medical or physical condition I may have.
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I certify that I am 18 years of age or older.
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I confirm that I am not pregnant and that I have no medical or
physical condition — including but not limited to a previous
shoulder dislocation or separation, neck or back injury, heart
condition, epilepsy, or recent surgery — that would make my
participation unsafe. If I do have any such condition, I have
disclosed it to AXIS and to the facility before participating,
and I accept the risk of participating.
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In the event that I file a lawsuit against any of the Released
Parties, I agree to do so solely in the state of Arizona, and I
further agree that the
substantive law of that state shall apply in that action without
regard to the conflict of law rules of that state. I agree that
if any portion of this agreement is found to be void or
unenforceable, the remaining document shall remain in full force
and effect.
I hereby grant AXIS Flight School, LLC, Inc. (“AXIS”) the
irrevocable right and permission to photograph, video record, or
otherwise capture my likeness and/or voice in connection with my
participation in AXIS activities. I agree that AXIS may use such
recordings, images, or other media for any lawful purpose, including
but not limited to promotional materials, advertising, social media,
instructional content, and website use, without compensation to me.
I understand and agree that all such materials shall be the property
of AXIS and waive any right to inspect or approve the final product.
I release AXIS from any liability related to the use of my likeness
or voice as described herein.
By signing this document, I acknowledge that if anyone is hurt or
property is damaged during my participation in the Activity, I may
be found by a court of law to have waived my right to maintain a
lawsuit against the Released Parties on the basis of any claim
from which I have released them herein. I also agree that this
document is valid for subsequent visits and participation at AXIS
and at any facility where AXIS provides services. I have had
sufficient
opportunity to read this entire document. I have read and
understood it, and I agree to be bound by its terms.
