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, 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 and indoor
skydiving activities 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; 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 this activity.
Furthermore, AXIS personnel 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 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 this activity. My participation in this
activity is purely voluntary, and I elect to participate in
spite of the risks.
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I hereby voluntarily release, forever discharge, and agree to
indemnify and hold harmless AXIS from any and all claims,
demands, or causes of action, which are in any way connected
with my participation in this activity or my use of AXIS's
equipment or facilities,
including any such claims which allege negligent acts or
omissions of AXIS.
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Should AXIS 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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In the event that I file a lawsuit against AXIS, 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 this activity, I
may be found by a court of law to have waived my right to maintain
a lawsuit against AXIS 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. 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.