IMPORTANT: This document contains important legal information about your rights. Do not sign without reading it thoroughly and ensuring you fully understand its contents. By signing, you acknowledge that you are voluntarily waiving certain legal rights, including the right to bring specific claims in court. Seek clarification or independent legal advice if needed.
This agreement is a waiver and release of liability between the undersigned participant (the “Participant”) and 1546376 B.C. LTD., operating under the brand name GravityWorks (referred to herein as “GravityWorks”), including its directors, officers, employees, agents, contractors, volunteers, affiliates, and any facilities, properties, or equipment used by or in association with GravityWorks (collectively also referred to as “GravityWorks”). By signing this waiver, the Participant acknowledges and agrees to the following terms and conditions:
1. Scope of Services
This waiver applies to all services provided by GravityWorks, including but not limited to: parachute rigging, inspection, assembly, and maintenance; skydiving instruction, coaching, and skills development; supervision during jump operations; advice and consultation regarding skydiving or parachuting activities; provision of written or verbal information, resources, or opinions; use of any equipment, tools, or facilities; and any other assistance or service, whether formal or informal, paid or unpaid.
2. Acknowledgment of Risks
The Participant acknowledges that skydiving, parachuting, and related services involve real and inherent risks, including but not limited to serious injury, permanent disability, death, or property damage. These risks may arise from equipment failure, human error, environmental conditions, or reliance on information or guidance provided. The Participant accepts that even services performed competently and in good faith may result in harm. The Participant voluntarily assumes all such risks, foreseen or unforeseen, and accepts full personal responsibility for any consequences.
The Participant further confirms that they are physically and mentally fit to participate in such activities and that they have not been advised otherwise by a qualified medical professional. The Participant acknowledges it is their sole responsibility to determine whether their health and skill level are sufficient for the activities involved.
3. General Release of Liability
In consideration for receiving services from GravityWorks, the Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, fully releases, waives, and forever discharges GravityWorks and all associated directors, officers, employees, agents, contractors, volunteers, affiliates, and facility operators from any and all liability, claims, causes of action, demands, or damages arising out of or related to any injury, illness, death, property damage, economic loss, or other harm resulting from services rendered, instruction or advice given, or participation in any activity connected to GravityWorks—including those resulting from negligence or improper service. This release does not apply to acts of gross negligence or willful misconduct by GravityWorks.
4. Third-Party Claims
This release also applies to any claims or liabilities brought by third parties arising from the Participant’s use of or reliance on GravityWorks services, instruction, equipment, or facilities—or from any third-party use or misuse thereof, whether authorized or not. The Participant waives any right to recovery or contribution from GravityWorks in the event a third party suffers harm related to such use or reliance. This clause does not apply to claims arising solely from gross negligence or willful misconduct by GravityWorks.
5. No Guarantees or Warranties
The Participant understands and agrees that GravityWorks makes no guarantees or warranties regarding training outcomes, the safety or performance of equipment used or serviced, or the accuracy, completeness, or applicability of any advice, instruction, or information. All services are provided in good faith; however, the ultimate responsibility for safety, decision-making, and use of information lies solely with the Participant.
6. Indemnification
The Participant agrees to indemnify, defend, and hold harmless GravityWorks and all associated directors, officers, employees, agents, contractors, volunteers, affiliates, and facility owners or operators from and against any and all claims, demands, damages, losses, liabilities, judgments, or expenses (including reasonable legal fees and any monetary awards, settlements, or costs) arising from:
(i) the Participant’s use of any GravityWorks services, facilities, or equipment;
(ii) the Participant’s reliance on any instruction, advice, or information provided;
(iii) any injury, harm, or loss suffered by a third party resulting directly or indirectly from the Participant’s transfer, sharing, or facilitation of GravityWorks’ services, equipment, or information to that third party, whether authorized or not; or
(iv) any legal or regulatory action brought against GravityWorks as a result of such third-party use or reliance.
This includes, without limitation, the Participant’s obligation to pay any and all damages, settlements, penalties, legal expenses, or related costs arising from such third-party claims. This obligation applies regardless of whether the claim alleges negligence or improper service and includes a duty to defend GravityWorks from the outset of any such action.
However, this indemnity shall not apply to claims arising solely from the gross negligence or willful misconduct of GravityWorks.
7. No Agency or Partnership
Nothing in this agreement shall be construed to create any partnership, joint venture, agency, or employment relationship between the Participant and GravityWorks. The Participant agrees that they are not authorized to make representations, enter agreements, or act on behalf of GravityWorks in any capacity.
8. Media Release (Optional)
The Participant grants GravityWorks the right to capture and use photographs, video, or audio recordings taken during the provision of services for marketing, educational, or promotional purposes. The Participant waives any right to compensation or approval of such use. (You may opt out of this clause by notifying GravityWorks in writing.)
9. Governing Law and Severability
This agreement shall be governed by the laws of the Province of British Columbia and the applicable laws of Canada. If any provision is found to be invalid or unenforceable, all other provisions shall remain in full force and effect.
10. Survival
All provisions of this agreement relating to waiver, release, indemnification, assumption of risk, and limitations of liability shall survive the expiration or termination of this agreement and remain in full force and effect.
11. Acknowledgment and Acceptance
By signing below, the Participant affirms that they have read and fully understood this waiver, and that they voluntarily accept its terms without reservation. The Participant further confirms that they are at least the age of majority in their province of residence, legally competent to enter into this agreement, and are signing freely and voluntarily, having sought independent legal advice or clarification where needed.