TANDEM PASSENGER AGREEMENT
RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE
THIS IS AN IMPORTANT AGREEMENT, PLEASE READ IT CAREFULLY BEFORE
SIGNING.
Tandem Skydiving is an inherently dangerous activity, that can cause
permanent injury or death, even when done properly, cautiously, and
safely.
Tandem Requirements
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Name: The name you fill in this waiver document should be the same as
the name written on your official ID.
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Age: Must be 18 years of age or older on the day of your skydive. A
medical clearance certificate is required for anyone 70 years of
age or older.
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Weight Limits: Female: 90.0 kilograms or less. Above 85
kilograms, a BMI limit of 27.5 applies.
Exceptions to the BMI limit may be made on a
case-by-case basis for females less than 85.0
kilograms.
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Male: 100.0 kilograms or less. Above 95
kilograms, a BMI limit of 30.0
applies. Exceptions to the BMI limit may be made on a
case-by-case basis for males less than 95.0
kilograms.
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Participants may not be under the influence of Drugs or
Alcohol.
In consideration for my, my child or my legal guardianship's
permission to participate in tandem skydiving and/or related
activities (hereinafter collectively referred to as the "activities
covered by this Release") conducted by
Skydive Dubai LLC (Skydive Dubai) and/or any of their
affiliates,
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CORONAVIRUS AND SKYDIVING As skydiving is a contact
sport, please understand that in addition to all the precautions and
safety measures Skydive Dubai has taken and will continue to take,
by skydiving with us you assume all responsibility to the risk of
exposure to COVID-19. Skydive Dubai and all its associated and
relevant entities cannot guarantee your protection. If you do not
accept the risk, despite all the safety measures we have taken and
will continue to take, then you should not participate in any
skydiving activities. Please DO NOT visit our location if you are
feeling unwell. Anyone who has a continuous cough will be asked to
leave.
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RELEASE OF LIABILITY I hereby RELEASE, AND
DISCHARGE released parties from any liability, claims, demands, or
causes of action that I may hereafter have for injuries or damages
arising out of my participation in tandem skydiving, even if caused
by NEGLIGENCE, either active or passive or other faults of released
parties.
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ASSUMPTION OF RISK I voluntarily, freely, and
expressly choose to incur all risks associated with the activities
including all risks during tandem skydiving
and I fully understand that those risks may include bodily and
personal injury, damage to property, disfigurement, or death.
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AGREEMENT NOT TO SUE I agree never, at any time now
or in the future, to institute any lawsuit or cause of action
against Skydive Dubai or anyone else claiming on my behalf, or
initiate or to assist in the prosecution of any claim for damages in
respect of injury to person or property, or my death,
or any other loss or damage, howsoever occasioned arising
from the said activities, whether caused by the act, omission,
negligence or fault, active or passive, direct or indirect or
from any other cause.
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APPLICABLE LAW/WAIVER OF TRIAL/VENUE HEADINGS I
agree that this release shall be subject to
the laws of Dubai and the applicable federal laws of the United
Arab Emirates (the laws)
and the laws shall apply to issues involving the
construction, interpretation, and validity of the release and that
the laws shall govern any dispute arising from or related to
this release or the activities covered by this release. Should this
release be violated and suit be brought against any of the
releasees, I hereby waive my right to a trial. The headings used
throughout this release are for convenience only and have no
significance in the interpretation of the body of release.
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NO PHYSICAL INFIRMITIES I have no physical
infirmity, chronic ailment, or injury of any nature and am not under
treatment for a physical infirmity or chronic ailment of any nature
and have never been treated for any of the following:
cardiac/pulmonary conditions or disease; high or low blood pressure;
fainting spells, seizures or convulsions; nervous system disorder;
dislocated shoulder or joint; artificial joints; kidney or related
diseases; shortness of breath, hearing loss or impairment. I am not
taking any medication of any kind. I have not taken any alcoholic
beverages or drugs within the last 12 (twelve) hours. I have not
been scuba diving within the last 24 (twenty-four) hours.
I confirm that I am physically fit and capable of undertaking the
activities covered by this release. I agree to abide by the decision of Skydive Dubai's
official or
agent regarding my approval to participate in tandem skydiving
activities.
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WAIVER OF RIGHTS. I understand that by signing this
release, I am giving up important legal rights, and it is my intent
to do so and I do so of my own free will and with full
acknowledgment of, and agreement to, the terms and conditions in
this release.
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TRAINING I understand that prior to participating
in tandem skydiving, I shall receive a safety briefing to prepare me
for my tandem skydive. I warrant the thoroughness and completeness
of any training and/or briefing I receive by voluntarily
participating in tandem skydiving.
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PHOTO & VIDEO RELEASE For valuable consideration
received, I hereby grant Skydive Dubai and its legal representatives
and assigns (hereinafter collectively referred to as the
"photographer"), the irrevocable and unrestricted right to use and
publish photographs and video images of me, or in which I may be
included, for editorial, trade, advertising, and any other purpose
and in any manner and medium and in any jurisdiction, to alter the
same without restriction, and to copyright the same. This includes
any and all uses
that the photographer deems necessary or desirable. I agree
that any photographs and video images purchased by me from the
photographer are for personal use only and may not be used
for commercial gain, and that I may request commercial licensing
information from Skydive Dubai by contacting 'pr@skydivedubai.ae' if
I wish to use any photographs and video images for that purpose. I
hereby release the photographer from all claims and liability
relating to any photographs or video images of me.
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PHOTOS & VIDEO While our camera flyers are highly
trained and use the latest equipment, given the nature of the
activity if the camera equipment does (on the rare occasion)
malfunction or there is a technical glitch that is beyond our
control, the incident will be escalated to Skydive Dubai's
management for reviewal and the customer may be eligible for a
refund of AED 300 only (i.e. the price of the photos and video).
Please note, that the decision of the management team will be final.
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CANCELLATIONS & POSTPONEMENTS Skydive Dubai
reserves the right to cancel a jump or refuse a student or skydiver
from performing a skydive for any reason.
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INSURANCE AVAILABILITY Medical insurance, passenger
liability insurance, accident insurance, or any other kind of
personal or general liability insurance coverage are not available
in respect of the activities covered by this release or in respect
of any of the services offered by any of the releases.
WITHOUT LIMITATION, I ACKNOWLEDGE AND AGREE THAT I HAVE
CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE
OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE TO BRING A
LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST
THE RELEASEES. IF ANY ATTEMPT FOR A CLAIM IS MADE, I UNDERSTAND I WILL
BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY THE RELEASEES.
SDD-MFS-01, Tandem Agreement Issue 1, Rev. 1 Jan-2024