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Ozone Indoor Skydiving Release of Liability and Indemnity Agreement
PLEASE READ AND DIGITALLY SIGN THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS CONDITIONS.
I acknowledge and agree that by clicking the initial the boxes contained in this Agreement and by signing my name at the end of this Agreement, I am providing an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ('E-Sign') and the Uniform Electronic Transactions Act ('UETA') and that this Agreement will be valid and enforceable.
WHO WE ARE: For the purposes of this Agreement, the "Company" is Triple Front General Company, and includes the Company's affiliates, parents, representatives, officers, managers, employees, owners, directors, agents, investors, members, instructors, outside trainers, independent coaches, agents, landowners, landlords, subsidiaries, franchisees, contractors, affiliated companies or entities, successors, heirs and assigns.
The Company is the supplier of an instructional athletic activity and interactive experience which simulates freefall skydiving in an indoor setting. It also conducts related activities which are supplied in connection with the main activity, including the use of Ozone Virtual Reality (VR) and games such as Flight Lights (all activities collectively called the "Ozone Activities").
WHAT YOU AGREE TO: In consideration for being permitted to participate in the Ozone Activities, ____________________________ DOB: _________________ execute this Release of Liability and Indemnification Agreement (Agreement) on behalf of myself and any minors identified herein (collectively, "Participants"), and hereby agree to the following conditions:
- REQUIREMENTS:I and Participants understand and agree that I and they must:
- possess athletic ability, balance, coordination, skill, good judgment and experience in order to properly participate in the Ozone Activities; and
- not suffer from any physical or psychological conditions that would prevent myself or Participants from participating in the Ozone Activities; and
- view and follow the instructional safety video and obey the commands of all instructors and other Company employees at all times.
- RISKS:I and Participants understand and agree that:
- ANYONE THAT HAS CURRENT OR PRIOR HEAD, NECK, BACK OR SHOULDER INJURIES OR HEART PROBLEMS SHOULD NOT PARTICIPATE IN IFLY ACTIVITIES. PREGNANT WOMEN ARE PROHIBITED FROM PARTICIPATING DUE TO THE RISK OF COLLISIONS AND ABDOMINAL TRAUMA.
- participation in Ozone Activities is strenuous and requires considerable exertion and physical stress;
- we will be exposed to inherent and other risks (including obvious risks) associated with participation in simulated freefall skydiving, including, but not limited to, vertical winds of up to 165 miles per hour, changing or extreme simulated freefall skydiving conditions, strenuous bodily movement and physical exertions, improper use or possible malfunction of equipment, and contact or collisions with other participants (including due to the negligent acts of other participants), the wind tunnel walls and cable floor, and related machinery or parts;
- the Ozone Activities are INHERENTLY DANGEROUS ACTIVITIES and among the risks participants will be exposed to are the risks of SERIOUS BODILY INJURY AND DEATH;
- the Ozone Activities are instructional in nature;
- as with any physical activity, it is advised that we consult with a doctor before participating in Ozone Activities; and
- we may be exposed to and/or infected by COVID-19 or other viruses, bacteria or infectious diseases, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
- ASSUMPTION OF RISKS:Despite the risks involved with Ozone Activities, including, but not limited to, use of the equipment, facilities or premises, I AND PARTICIPANTS VOLUNTARILY AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY, ILLNESS OR DEATH that might be associated with participation in the Ozone Activities, including the alleged negligence of the Company and its employees, instructors, coaches and agents.
- EXPRESS ASSUMPTION OF RISK:I and each Participant expressly agree that in exchange for being permitted to participate in the Ozone Activities:
- I and each Participant release from liability, agree never to sue, and agree to hold harmless to the maximum extent permitted by law, the Company, as well as the owners, sellers, manufacturers and installers of equipment used in connection with the Ozone Activities, for any bodily injury, illness, death or damage or loss of personal property which I or Participants may incur while on the Company's premises or which arises from my or Participants' participation in the Ozone Activities, regardless of cause, including the alleged negligence of the Company; and
- I, Participants and any heirs or legal representatives are prevented from filing suit or making any claim for damages in the event of any loss, injury, illness or death arising from participation in Ozone Activities;
- this is a release of liability that will apply whenever I or Participants participate in Ozone Activities; and
- if I, Participants or any heirs or legal representatives file a claim or lawsuit arising out of my or Participants' participation in the Ozone Activities, I agree to defend, indemnify and hold harmless the Company for any damages, legal fees or costs arising out of such claim or lawsuit.
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- VIRTUAL REALITY:The following restrictions apply to Ozone VR:
- Participants using the VR services must be at least 6 years old and cannot be over 70 years old;
- Participants aged 6 - 12 are limited to one 1 VR flight per day;
- The intensity of this experience will vary according to the content and nature of the VR, as well as to the particular individual. Parents/guardians must exercise their own judgment and discretion in determining whether a child should fly with VR;
- Individuals with heart conditions cannot fly with VR;
- If a Participant has a history of seizures, Participant should not use VR unless a doctor has advised Participant that it is safe to participate in VR;
- I and each Participant acknowledge that the VR equipment contains magnetic components and/or components that emit radio waves that could interfere with and/or affect the operation of medical devices (such as pacemakers, defibrillators, or hearing aids) and other electronics. Individuals with heart conditions that are likely to be affected by the components discussed above are not permitted to fly with VR; and
- I and each Participant understand and acknowledge that the use of VR may cause eye conditions (such as eye strain, dry eye sensation, headaches, and other visual-related symptoms), dizziness, disorientation and nausea. If such symptoms do appear, you must stop or reduce your use of VR and report your symptoms to a staff member.
I and each Participant acknowledge and agree to comply with these restrictions when using VR.
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- ADDITIONAL QUESTIONS
- The Company provides Participants with all equipment they will need for the Ozone Activities. If you are an experienced flyer, you may instead choose to use your own equipment. Do you plan to use your own equipment today or in the future?
- Do you or any of the Participants have a current or prior shoulder injury?
- Do you or any of the Participants have current or prior head, neck or back injuries or heart problems?
- Does your weight or any Participant's weight exceed 260 lbs?
- If you are currently pregnant, you may not participate in Ozone Activities.
Are you currently pregnant?
- CONFIRMATION OF RESPONSES
On behalf of myself and each Participant, I confirm the following:
- I did not bring my own equipment nor plan to bring equipment for future flights.
- I have not had a shoulder injury in the past.
- I do not have current or prior head, neck or back injuries or heart problems.
- I am not currently pregnant.
I and each Participant understand that participation in Ozone Activities is voluntary, and that it is a revocable privilege. I and each Participant understand the importance of answering the preceding questions accurately
If you are an experienced tunnel flyer, military member or skydiver, you are permitted to use outside equipment, subject to the following conditions:
- Parachutes:parachutes and pilot chutes are not permitted inside the flight chamber at any time.
- Mock Parachute Containers or 'Dummy Rigs':The Company recommends that you do not use a mock parachute container and reserves the right to prohibit you from entering the flight chamber with a mock parachute container. However, you may be permitted to enter the tunnel with a mock parachute container, subject to your instructor's discretion and your acknowledgment of the increased risk of flying with foreign objects.
- Metal on Helmet:You may not enter into the wind tunnel with exposed metal components. If your helmet has exposed metal, please notify one of the Company's staff members who will provide you with substitute equipment. IF YOU ENTER INTO THE WIND TUNNEL WITH EXPOSED METAL DESPITE THIS WARNING, THE COMPANY MAY HOLD YOU FINANCIALLY RESPONSIBLE FOR ANY DAMAGE TO THE WIND TUNNEL EQUIPMENT.
- Plastic Helmet Mounts:The Company recommends that any plastic camera mounts be removed from your helmet before entering the flight chamber and reserves the right to prohibit you from entering into the flight chamber with any plastic helmet mount. However, you may be permitted to enter into the tunnel with plastic mounts, subject to your instructor's discretion and your acknowledgment of the increased risk of flying with foreign objects.
Acknowledgment of Increased Risk: If you choose to enter into the flight chamber with any foreign object, including but not limited to helmet mounts or mock parachute containers, you hereby acknowledge that flying with any helmet attachment, mock parachute container or other foreign object substantially increases your risk of injury, death or disability, and you knowingly choose to do so despite these increased risks.
I and each Participant understand and accept these policies.
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- MEDICAL EMERGENCIES:In the event of a medical emergency, I authorize the Company to provide emergency first aid treatment and/or to refer treatment to a duly licensed physician, dentist or other medical care professional. This care may be given under whatever conditions are necessary to preserve the life, limb, or well-being of myself or Participants for whom I am executing this Agreement. In doing so, I understand that I voluntarily give up my right to sue the above mentioned parties for any reason whatsoever.
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- PHOTOGRAPHS AND VIDEOS:The Company routinely takes photographs and videos for commercial purposes and patrons may be readily identifiable in these images. I grant exclusive permission to the Company to use my and each Participant's names, faces, likenesses, voices or appearances in photographs or videos in connection with exhibitions, publicity, advertising, promotional materials or other commercial purposes without compensation and without restriction as to frequency and duration. I also grant the Company the ability to create derivative works from such photographs and videos and the right to grant third parties the rights to the images. I further agree that the Company may provide online access to photographs, videos, and live streams of my and each Participant's experience.
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- Severability:I acknowledge that this Agreement is severable and that if any clause is found to be invalid, the offending clause will be struck out and the balance of the Agreement will remain in effect and will be enforceable.
- Governing Law:I agree that any action arising from or related to this Agreement will be subject to and interpreted under the laws of the Kuwait.
By executing this Agreement, I declare that I am doing so only for myself and/or Participants for whom I am authorized. If I execute this Release of Liability and Indemnity Agreement on behalf of another person, I understand and agree that I am acting as the agent for that person and my signature expressly confirms that I have permission to sign on the other person's behalf, and this agreement shall be binding upon that person if the other person brings a claim or issues proceedings against the Company. I agree to defend, indemnify and hold harmless the Company as fully set forth above. If I sign without the express permission of any other person, I understand and agree that I am committing fraud against the Company.
I have carefully read this release of liability and indemnity agreement in its entirety and have been provided the opportunity to ask questions and consider the effects of this agreement. I acknowledge and fully understand that this agreement is binding upon me and each Participant and our heirs, assigns and legal representatives.
THIS IS A RELEASE OF LIABILITY - DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS.