WAIVER/DISCLAIMER AND RELEASE FROM LIABILITY AGREEMENT



Note: In respect of children under the age of 18 years (hereinafter referred to as ‘Minor’), this form is to be signed by the parent/guardian of such Minor.



1. In consideration of the services provided by GravityZip Sports Pvt. Ltd. (‘GravityZip’)  and of the permission granted by GravityZip to use its property, facilities, and services and to participate in indoor sky-diving activities and other wind-tunnel activities ("Activity”/ “Activities"), I, on behalf of myself and/or Minor(s) as listed below, agree to the following terms and conditions. This Agreement is effective on the date signed by the releasing party, and can be signed electronically or in person as the case may be.



2. Safety Precautions



1. For undertaking the Activities at GravityZip, a person must be a minimum of Three (3) years of age.  Women who are pregnant, persons with hard cast or prosthetic that cannot be removed, persons under the influence of alcohol or drugs are restricted from undertaking the said Activities.  Persons having a history of neck, back or heart conditions, need to check with their doctor.



2. Persons who weigh above 120 kg may not be able to fly without evaluation conducted by the staff of GravityZip, and GravityZip reserves the right to deny the provision of services to such individuals, based on its assessment of the risk both to the individual as well as to the Flying Instructors.
3. Acknowledgment of Risks



1. I understand that while Indoor skydiving Activity is a relatively safe sport, there are certain risks, such as, including but not limited to, slipping and falling, collisions with fixed objects and/or other participants, falling off equipment, unexpected failure of equipment, exposure to high speed winds and associated over-exertion, failed attempts of jumps and stunts, accidents and other incidents, which are inherent in such Activity which cannot be avoided or eliminated.  I understand that in the light of such inherent risks, there is a possibility of me/Minor(s) under my care, exposing myself/themselves to bodily injury, disability or death.
2. I acknowledge that I am and/or the Minor under my care is voluntarily participating in the Activities offered by GravityZip including but not limited to, the use of their equipment, facilities and premises.  I am assuming on behalf of myself and the Minor, all risk of personal injury, death or disability to me and/or to the Minor that might result from that participation, or any damage to any personal property.
3. I have read and understood the contents of para 2 above as to eligibility to undertake the Activities.  I certify that I and/or the Minor under my care do not fall under any of the prohibited categories mentioned in para 2 above and I undertake that I will bring to the notice of the officials/instructors of GravityZip well before the start of the activity, any circumstance which may affect my health and safety and/or the health and safety of the Minor(s) under my care. I further undertake to adhere to the instructions/guidance of instructors/other personnel of GravityZip in this regard.  I further understand that in respect of persons weighing over 120 kg, based on the evaluation of instructors/other personnel of GravityZip, certain restrictions in participation may apply.



4. I agree that if I/Minor under my care suffer injury or illness during the Activities, GravityZip can, at my cost, arrange medical treatment and emergency evacuation service, as it deems essential for my/their safety.



5. I further represent and warrant that I am over the age of 18 years and have the capacity to agree to this Release and Waiver Agreement and where I am signing on behalf of a Minor, I represent and warrant that I am authorized to do so.  I further confirm that the information provided by me in this form is true and correct and that GravityZip has relied on such information in allowing me/the Minor under my care to participate in Activities at GravityZip.



4. Release from Liability. After being fully informed of the above risks and having understood the nature of such risks, I, on my own behalf and/or on behalf of the Minor, to the fullest extent allowed by law, expressly release and discharge GravityZip, its affiliates, directors, officers, instructors, employees, contractors, etc., from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, disability or death to me and/or the Minor under my care, while participating in any of the Activities at GravityZip.  By signing this form, I am giving up my right and the right of such Minor(s) to recover from GravityZip in a lawsuit or other proceeding for any damages, claims whatsoever, on account of any personal injury, disability or death to me or the Minors that results from such risks. I understand that I have the right to refuse to sign this form, and GravityZip has the right to refuse to let me or the Minors under my care, to participate in the Activities if I do not sign this form.



5. Promotional Materials. GravityZip may include statements and may use my name and logos, on its website, commercial advertisements, and promotional materials for the sole purpose of indicating that I am the Customer/user of GravityZip.

 

6. Dispute Resolution and jurisdiction. I agree and acknowledge that any claim or dispute arising from or related to this Waiver and Release Agreement or the relationship of parties in any respect thereto, shall first be submitted to mediation, which will be a condition precedent to any claim arising out of this Agreement and in the event of failure of such mediation, I agree that Courts at Hyderabad, Telangana, India shall have sole jurisdiction in respect of any such claim or dispute.  



7. I acknowledge that having carefully gone through the provisions of this Waiver and Release Agreement, I fully understand that it is a release of all liability and a waiver of any right that I may have on behalf of myself and/or the Minor under my care to bring a legal action or assert any claim arising out of injury, disability, death or loss of any kind against GravityZip and its personnel as enumerated hereinabove.  I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me.
8. I further agree that in the event that any provision of this agreement is unenforceable under applicable law, the remaining provisions shall be enforced to the fullest extent permissible under law.



9. I acknowledge that my signing this agreement and/or clicking “I Agree” constitutes a binding agreement between me and GravityZip.