Asia Airborne Group Parachute Registration Agreement
Name: _________________________________________________________________ (Name to be show on the certificate/diploma) Address: ________________________________________________________________
Nationality:____________________________________ Passport Number:
Phone: ________________________________ Email:______________________________ Weight: ______
In Case of Emergency, Please Notify
Name: ______________________________________ Relationship: ________________ Address: ________________________________________________________________ Phone: ________________________________________
AGREEMENT
ACTIVITIES/RISKS CONTEMPLATED This Agreement is made in contemplation of all parachuting activities, including, but not limited to, parachute jumping, ground and air instruction and/or training, flying, and all activities and/or hazards associated therewith, the exit, free fall, time under canopy, landing, and any and all rescue operations and/or attempts by any Indemnified Party (as hereinafter defined). GENERAL RELEASE FROM LIABILITY I hereby RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY the Indemnified Parties, namely The Asia Airborne Group and from any and all suits, claims, liabilities, demands, and/or causes of action that I may hereafter have for injuries or any other damages arising out of my participation in parachuting/skydiving activities, including, but not limited to, DEATH, PERSONAL INJURY, AND/OR DAMAGE TO OR LOSS OF MY PROPERTY, WHETHER OR NOT SUCH DAMAGE IS CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY.
ASSUMPTION OF THE RISK I understand that I will be performing a parachute jump or jumps and that parachute jumping will expose me to risk of personal injury and death. I understand that the success of my jump depends upon the perfect functioning of the airplane/helicopter from which I intend to jump and of the parachute system, but that neither the airplane/helicopter nor the parachute system can be entirely depended upon to function perfectly, because each of them is subject to mechanical malfunction and operator error. For the enjoyment of participating in this activity, I freely and voluntarily choose to assume all risks inherent in parachute jumping, including, but not limited to, risk of equipment malfunction or failure to function, which may result from some defect in design or manufacture, or from improper or negligent operation or use of the equipment. I know, understand and acknowledge the scope, nature and extent of the risks involved in skydiving and/or flying and all other related activities contemplated by this Agreement. I further know, acknowledge, and understand that skydiving is an inherently dangerous activity and that no amount of care, caution, instruction or expertise can eliminate the dangers associated with skydiving. I EXPRESSLY, VOLUNTARILY AND IRREVOCABLY ASSUME ALL RISK OF DEATH, PERSONAL INJURY AND/OR DAMAGE TO OR LOSS OF MY PROPERTY SUSTAINED WHILE PARTICIPATING IN ANY AND ALL PARACHUTING/SKYDIVING ACTIVITES, WHETHER OR NOT CONTEMPLATED IN THIS AGREEMENT AND WHETHER OR NOT SUCH DAMAGE IS CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY OR ANY DEFECT IN THE AIRCRAFT OR EQUIPMENT PROVIDED OR LANDING AREA AND/OR SURROUNDINGS. I know and understand that some dangers cannot be foreseen. I understand that these risks include, but are not limited to: equipment malfunction or failure to function; defective or negligent design or manufacture of equipment; improper or negligent parachute packing or assembly; improper or negligent operation or use of the equipment; carelessness or negligence of other participants; and improper or negligent instruction or supervision. I voluntarily, freely, and expressly choose to incur all risks associated with the activities covered by this Agreement, understanding that those risks may include bodily and personal injury, damage to property, disfigurement, or death. I voluntarily and freely choose to incur such risks and take responsibility therefore. I agree that the Indemnified Parties shall not be liable for an injury to or death resulting from the inherent dangers of parachuting activities and neither I nor my parent, guardian, or representative shall have or make any claim against or recover from any of the Indemnified Parties for any injury, loss, damage, or death resulting from any of the inherent dangers of parachuting activities. I acknowledge that I have knowingly agreed to assume all inherent dangers of parachuting activities and agree that I will not maintain an action against or recover from any of the Indemnified Parties for any injury or death caused by my being engaged in a parachuting or related activity. I acknowledge that I have received adequate notice of the inherent dangers of parachuting activities.
This Agreement shall be for the benefit of The Asia Airborne Group and , the landlords, landowners, and tenants whose property is used for parachuting activities, shareholders, officers, directors, members, agents, insurers, and employees of any of the foregoing, the owners, lessors, lessees, and/or operators of any parachuting equipment or aircraft used or intended for use in connection with parachuting activities, any person, whether amateur or professional, who trains, assists, equips, guides, or instructs anyone with the intent to skydive, any pilot or flight crew member or ground crew member of an aircraft engaged in skydiving activity, any passenger aboard an aircraft engaged in parachuting activity, any person visiting, touring, or utilizing the parachuting facility, or any person who assists a participant or parachuting activity sponsor or management in a parachuting activity and any other person and/or entity connected in any way with my training, flying, or parachuting (the “Indemnified Parties”). The term "engages in a parachuting activity" also includes being a spectator at a parachuting activity. The inherent dangers of parachuting activities include those dangers or conditions that are an integral part of parachuting activities, including, but not limited to, (i) certain hazards such as surface conditions; (ii) collisions with other natural or manmade obstacles; (iii) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the parachute or not acting within the participant's ability; and (iv) the contingent and unpredictable nature of weather conditions. A participant is any person, whether amateur or professional, who engages in a parachuting activity, whether or not a fee is paid to participate in the parachuting activity. A parachuting activity includes the descent of one or more persons to the ground from an aircraft in flight when a parachute is intended to be used during all or part of that descent; parachuting training or teaching activities; and packing, closing, rigging, and inspecting, or evaluating parachute equipment belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equipment or is permitting a prospective purchaser of the equipment to use, inspect, or evaluate the equipment. A parachuting activity sponsor includes any person or his agent who, for profit or not for profit sponsors, organizes, or provides the facilities for parachuting activities, including but not limited to clubs, parachuting schools, school-sponsored and college-sponsored classes and programs, and operators, instructors, and promoters of parachuting facilities, including but not limited to locations, fields, airports, and airfields at which the activity is held. A parachuting professional is a person or his agent engaged for compensation in instructing a participant or renting to a participant any parachuting equipment for the purpose of parachuting or learning to parachute or renting equipment to a participant.
EXEMPTION FROM LIABILITY I exempt and release the Indemnified Parties, namely The Asia Airborne Group and from any and all liability, claims, demands, or actions or causes of action whatsoever arising out of damage, loss, or injury to me or my property while participating in any of the activities contemplated by this Agreement, whether such loss, damage, or injury results from the negligence of any person or business or any other cause.
COVENANT NOT TO SUE I agree never to institute any suit or action at law or otherwise against any of the Indemnified Parties, nor to initiate or assist the prosecution of any claim for damages or cause of action that I, my heirs, executors, or administrators hereafter may have by reason of injury to my person or to my property arising from the activities contemplated by the Agreement. INDEMNITY AGAINST CLAIMS I will indemnify, save and hold harmless the Indemnified Parties from any and all losses, claims, actions, or proceedings of every kind and character that may be presented or initiated by any persons or organizations arising directly or indirectly from any parachute jumping. PARTIES BOUND BY THIS AGREEMENT It is my understanding and intent that this Agreement will be binding not only on myself, but will also be binding on all other persons or entities including my estate, executors, heirs, personal representatives, administrators, or other successors who may initiate any suit, action, claim, or other proceeding arising out of my participation in any and all skydiving activities, WHETHER OR NOT SUCH INJUIRES, DAMAGES OR LOSSES ARE CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY. LIMITATION/EXCLUSION OF WARRANTIES I understand that the equipment provided to me has been previously used for parachuting activities and that there is no warranty made with respect to such equipment, express or implied, including, but not limited to, a warranty of merchantability or fitness for a particular purpose. In the event that I have purchased or rented any equipment from any of the Indemnified Parties, I understand that none of them makes any representation or warranty, express or implied, with respect to said equipment. Specifically, I understand and agree that THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THE TRANSACTION AND THAT ALL SUCH EQUIPMENT IS PURCHASED OR RENTED “AS IS”. NEGLIGENCE I understand that this Agreement specifically releases, discharges, and holds harmless any and all Indemnified Parties from any and all liability for any and all INJURIES, DAMAGES OR LOSSES CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY. DURATION It is my understanding and intention that this Agreement is effective not only for my first jump or plane flight, but also for ALL SUBSEQUENT JUMPS OR FLIGHTS made at the facilities or with the equipment of, or in any way involving the personnel or relying on the training provided by, any Indemnified Party. I agree and acknowledge that the terms and conditions of this Agreement shall continue in force and effect now and in the future at all times during which I participate either directly or indirectly in parachute jumping and shall be binding upon my heirs, executors, and administrators of my estate.
ENFORCEMENT I agree and understand that if any portion of this Agreement should be found to be unenforceable or against public policy, only that portion shall be invalid while the remainder of this Agreement shall continue to be binding and enforceable against me and all other parties or entities bound by this Agreement who may initiate any suit, action, claim, or other proceeding arising out of my participation in any and all skydiving activities. JURY TRIAL I hereby WAIVE MY RIGHT TO A JURY TRIAL, and agree that any and all claims, suits, disputes, or actions of any kind whatsoever arising from or in connection with this Agreement shall be commenced, filed, and litigated, if at all, before a court of proper jurisdiction. WHOLE AGREEMENT I acknowledge and understand that this is the whole and entire agreement between me and The Asia Airborne Group and relating to the subject matter hereof. I am relying on no other oral or written terms, representations, or assurances or other written or printed materials of any kind. VALIDITY OF WAIVER I have read this Agreement and understand its terms and conditions. I understand that I am giving up important legal rights by executing this Agreement and that if I institute any suit, action, claim, or other proceedings as a result of any personal injury or other damages or losses arising out of my participation in any skydiving activities, this Agreement can and will be used against me and all other parties or entities bound by the Agreement in court. INSURANCE I understand and acknowledge that my parachuting activities ARE NOT COVERED by any personal, accident or general liability insurance issued to any Indemnified Party, I further assume all responsibility for any and all injuries, damages, or other losses that my parachuting activities may cause to myself or to others CONVENANT NOT TO SUE, INDEMNIFICATION, AND HOLD HARMLESS I agree that I WILL NEVER SUE OR MAKE ANY CLAIM OR INSTITUTE ANY SUIT OR ACTION WHATSOEVER against any Indemnified Party for any injuries, damages, or other losses arising out of my participation in any parachuting activities, WHETHER OR NOT SUCH INJURIES, DAMAGES, OR LOSSES ARE CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY. I also agree to INDEMNIFY AND HOLD ANY INDEMNIFIED PARTY HARMLESS, from all claims, judgments, and costs, including attorney’s fees, incurred in any action brought by me, my estate, my heirs, or any other person for damages or other losses sustained as a result of my participation in parachuting activities. I hereby expressly recognize that this Agreement is a contract pursuant to which I have released any and all claims against the Indemnified Parties resulting from my participation in parachuting activities, including any claims caused by the negligence of the Indemnified Parties.
I have carefully read this Agreement, fully understand its contents, and sign it of my own free will. I understand that this Agreement is a binding contract and that no oral representations or statements of any kind by any person can modify the rights or defenses it created in the Indemnified Parties, which rights and defenses may be in addition to those available under statute, common law, and/or the laws of my country of residence or those of the indemnified parties. I fully understand that any written modification of this Agreement shall be enforceable only if in writing, separately signed, and against only the individual signing such modification. I recognize and understand that by signing this Agreement I am giving up important legal rights and it is my intention to do so. I have been advised that I am free to seek independent advice or counsel of my own choosing before signing this Agreement.
Please write the following in the space below: I have read and fully agree to all the terms and conditions of this Agreement. Signature: _________________________________________ Date: ________________ Print Full Name:_________________________________________________________ Country:_______________________________________________ Passport Number:_________________________________________
TERMS AND CONDITIONS FOR PARTICIPATION, ASIA AIRBORNE GROUP EVENTS
1. APPLICATION. APPLICATION FOR REGISTRATION SHALL BE MADE BY MEANS OF THE PROVIDED REGISTRATION FORM, ACCOMPANIED BY THE LIABILITY WAIVER FORM, AND SUPPORTING DOCUMENTATION CERTIFYING MILITARY PARACHUTE QUALIFICATION. THE CONTRACT WILL BE IN EFFECT UPON DISPATCH OF NOTIFICATION BY THE ASIA AIRBORNE GROUP. THE ASIA AIRBORNE GROUP RESERVES THE RIGHT TO REFUSE REGISTRATIONS BY ANYBODY, AND FOR ANY REASON. 2. PAYMENT REQUIRED. A DOWN PAYMENT OF USD 500/- MAKE PAYABLE TO THE ASSOCIATION BANK ACCOUNT, IN US CURRENCY. THIS DOWN PAYMENT IS REFUNDABLE IN ACCORDANCE WITH THE CANCELLATION POLICY (SEE PARA 5). THE BALANCE OF THE PARTICIPATION COST SHALL BE PAYABLE NO LATER THAN THE PUBLISHED REGISTRATION DEADLINE. NONPAYMENT OF THE BALANCE BY THE REGISTRATION DEADLINE SHALL CONSTITUTE A VOLUNTARY CANELLATION BY THE PARTICIPANT. 3. CANCELLATION OF REGISTRATION. CANCELLATIONS BY THE PARTICIPANT SHALL BE MADE IN WRITING. THE DATE OF CANCELLATION SHALL BE THE DATE ON WHICH SUCH WRITTEN
NOTICE IS RECEIVED AT THE OFFICE OF THE ASIA AIRBORNE GROUP. THE FOLLOWING CANCELLATION CHARGES WILL APPLY: - UP TO 90 DAYS PRIOR TO THE DATE OF DEPARTURE, FULL REFUND; - 60 DAYS PRIOR TO THE DATE OF DEPARTURE, 25% OF THE TOUR COST; - 45 DAYS PRIOR TO THE DATE OF DEPARTURE, 50% OF THE TOUR COST; - 30 DAYS OR LESS, PRIOR TO THE DATE OF DEPARTURE, AND NOSHOWS, 100% OF THE TOUR COST.
6. VISAS & IMMUNIZATIONS. PROCUREMENT OF ANY VISAS AND/OR IMMUNIZATIONS, REQUIRED FOR TRAVEL TO CERTAIN COUNTRIES, SHALL BE THE SOLE RESPONSIBILITY OF THE INDIVIDUAL PARTICIPANT. THE INTERNATIONAL AIRBORNE SOCIETY WILL ASSIST WITH INFORMATION CONCERNING THE PROCUREMENT OF ANY SUCH REQUIREMENTS. 7. MEDICAL INSURANCE REQUIRED. ALL PARTICIPANTS SHALL CARRY THEIR OWN MEDICAL AND ACCIDENT INSURANCE. PROCUREMENT OF SUCH INSURANCE SHALL BE THE SOLE RESPONSIBILITY OF THE PARTICIPANT. HOST COUNTRY ORGANIZERS MAY REQUIRE PROOF OF INSURANCE, AND MAY EXCLUDE ANY PARTICIPANT FROM PARACHUTING ACTIVITIES WHO IS UNABLE TO PROVIDE SUCH PROOF. 8. PARTICIPANT'S STATUS. PARTICIPANTS ARE TAKING PART IN THE EVENTS IN A CIVILIAN, NON-MILITARY, STATUS (UNLESS DETAILED BY THEIR PARENT UNITS OR ON OFFICIAL TDY ORDERS) AND ARE SUBJECT TO ALL THE LAWS AND REGULATIONS OF THE COUNTRIES VISITED. ALL PARTICIPANTS WILL BE REGARDED AS EQUALS AND WILL RECEIVE EQUAL TREATMENT, REGARDLESS OF THEIR PRESENT OR FORMER MILITARY RANK OR SOCIAL STATUS. 9. EXCLUSION FOR IMPROPER BEHAVIOR. AT ALL TIME SHALL PARTICIPANTS FOLLOW THE LAWFUL DIRECTIVES OF THE IAS STAFF AND THE HOST COUNTRY'S MILITARY AND CIVILIAN PERSONNEL, REGARDLESS OF RANK, SEX, OR ETHNIC ORIGIN. ANY ACTION BY THE PARTICIPANT WHICH IS CONTRARY TO ANY LAW, ORDINANCE, OR COMMON CIVILIZED BEHAVIOR, INCLUDING THE INTERFERENCE WITH OPERATIONAL ASPECTS (i.e. BECOMING AN OFFICIOUS INTERMIDDLER) OR HINDERING OTHER PARTICIPANTS IN THEIR ENJOYMENT OF THE TOUR, WILL RESULT IN THE INDIVIDUAL'S IMMEDIATE EXCLUSION FROM FURTHER GROUP ACTIVITIES. ANY COST INCURRED FROM SUCH EXCLUSION
SHALL BE THE RESPONSIBILITY OF THE PARTICIPANT. THE ASIA AIRBORNE GROUP SHALL BE THE FINAL JUDGE IN ANY DISPUTES REGARDING EXCLUSION FROM GROUP ACTIVITIES. 10. FORCE MAJEUR. THE ASIA AIRBORNE GROUP CANNOT ASSUME RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY CHANGES TO THE SCHEDULED ACTIVITIES CAUSED BY THE HOST COUNTRY, OR ANY NATURAL OR SUPER NATURAL FORCE, BEYOND THE CONTROL OF THE ASIA AIRBORNE GROUP. 11. DOCUMENTATION REQUIREMENT. ALL PARTICIPANTS ARE REQUIRED TO FULLY COMPLETE THIS REGISTRATION FORM, AND EXECUTE A MEDICAL STATEMENT AND LIABILITY WAIVER PRIOR TO BEING CONSIDERED REGISTERED PARTICIPANTS.