DROP ZONE OPERATOR AGREEMENT
The undersigned (the “Drop Zone Owner - DZO”) agrees to provide skydiving training
and skydiving related services (collectively, the “Skydiving Services”) to participants of a certain
skydiving fundraising event known as Operation Freefall: The Two-Mile High Stand Against
Sexual Assault®. Because skydiving is a potentially dangerous, ultra-hazardous activity that can
result in injury or death to a skydiver, the DZO agrees that the Skydiving Services will be
provided in accordance with the provisions set forth in this agreement.
1.
The DZO shall maintain one or more liability insurance policies with an amount
of coverage that is, at a minimum, commercially reasonable and adequate for the Skydiving
Services and as otherwise required by federal, state, and local laws and regulations and as may
be recommended by the United States Parachute Association guidelines. The DZO shall cause
such insurance policies to name Speaking Out About Rape, Inc.® (“SOAR®”) as additional
insured. The DZO shall promptly provide to SOAR certificates from the applicable insurers
indicating the amount of insurance coverage, the nature of such coverage, and the expiration
dates of each applicable policy, and indicating that SOAR is an additional insured.
2.
The DZO shall comply with all federal, state, and local laws, regulations and rules
and shall provide the Skydiving Services in accordance with the FAA, The United States
Parachute Association Basic Safety Requirements and other industry standards.
3.
The DZO agrees to promote Operation Freefall® by hanging posters at the drop
zone and placing the event on their website, calendar, and social network sites (Facebook,
Twitter, MySpace, Etc.).
4.
In the event of inclement weather, the DZO agrees to issue rain checks to the
participants, which are non-transferable and valid for 6 months following their scheduled
skydive. A rain date has been set for May 11, 2013.
5.
For a period of three (3) years following the completion of the DZO’s
participation in Operation Freefall 2013, the DZO covenants and agrees that it shall not in any
way organize, host, sponsor, promote or participate in a fundraising or awareness raising
program which involves skydiving to benefit an anti-sexual violence organization. In the event of
any breach of this covenant, SOAR shall be entitled to obtain injunctive relief from a court of
competent jurisdiction without the requirement of posting a bond, and in lieu thereof, at its
election, shall be entitled to receive fifty percent (50%) of the gross proceeds of such event as
liquidated damages.
6.
Subject to the terms and conditions hereof, SOAR hereby grants the DZO the
limited license to use the trademarks “Operation Freefall” and “Operation Freefall: The TwoMile High Stand Against Sexual Assault,” and the Operation Freefall parachutist logo that
appears on the top of each page of this agreement (collectively, the “Marks”) solely in
connection with the fundraising and awareness raising events contemplated by this agreement,
and for no other purpose. The Marks shall be used exactly as aforesaid and may not be modified
in any way. The DZO agrees to provide samples of its uses of the Marks to SOAR upon request
and to immediately comply with any changes to the manner in which the Marks are being used
as may be requested by SOAR in its sole discretion. This limited license shall expire on May 11,
2013. Any use of the Marks other than in accordance with the express terms of this agreement
shall be deemed a material breach hereof and SOAR shall have the right, upon notice to the
DZO, to terminate this agreement and any license granted hereunder and SOAR shall thereby be
released from any of its obligations to the DZO hereunder.
7.
The DZO agrees to immediately contact SOAR by telephone and in writing if a
participant is injured while participating in Operation Freefall. The DZO further agrees to
provide SOAR with a copy of the injured participant’s unedited video within 3 days of the
injury.
8.
The DZO hereby agrees to indemnify, defend, and hold harmless SOAR and their
officers, directors, employees, stockholders, affiliates, agents, representatives, and any and all
event Sponsors from and against any and all damages, losses, charges, actions, suits,
proceedings, interest, penalties, claims, liabilities, deficiencies, costs, fees (including attorneys’
fees), and expenses imposed on or sustained, incurred or suffered by SOAR resulting from,
arising out of, or incident or related to the Skydiving Services and/or this Agreement.
9.
The DZO, for itself and its past, present, and future parents, subsidiaries,
predecessors, successors, affiliates, trustees and assigns, and their past, present and future
officers, directors, stockholders, members, partners, agents, attorneys, representatives, and
employees (or any of them), and their heirs, executors, personal representatives, administrators,
successors and assigns (separately and collectively, “Releasors”), does hereby irrevocably and
unconditionally release, acquit, remise, exonerate and forever discharge SOAR, their past,
present and future parents, subsidiaries, predecessors, successors, trustees, and assigns, and the
past, present and future officers, directors, stockholders, members, partners, agents, attorneys,
representatives, and employees of SOAR and the other foregoing entities (or any of them), and
their heirs, executors, personal representatives, administrators, successors and assigns, and any
and all event Sponsors (separately and collectively, the “Releasees”), of and from any and all
actions, causes of action, suits, debts, dues, sums of money, accounts, claims, demands,
grievances, allegations, covenants, contracts, controversies, promises, agreements, damages,
costs and expenses, attorneys’ fees, obligations, liabilities and judgments, of whatever kind or
nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, in law or in
equity or otherwise, that the Releasors (or any of them) ever had, now have, or can, shall or may
have, against the Releasees (or any of them), in any way arising from or relating to the Skydiving
Services and/or this Agreement, whether prior to or upon the date of execution of this release or
at any time thereafter. This release is not an admission of liability of any kind.
10.
The DZO, for itself and the Releasors, agrees not to make or file any lawsuits,
complaints, or other proceedings against the Releasees or to join in any such lawsuits,
complaints, or other proceedings against the Releasees concerning any matter that arises from or
is related to the Skydiving Services or this Agreement. The DZO further agrees and covenants
not to assist or encourage others in making or filing any lawsuits, complaints, or other
proceedings against the Releasees.
11.
This agreement may not be modified or amended except by a writing signed by
the parties hereto. This agreement shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to its conflicts of laws principles, and any dispute
arising out of this agreement that cannot be settled amicably by the parties shall be adjudicated in
the state or federal courts of the State of Florida, the exclusive jurisdiction and venue of which
the parties hereby acknowledge and agree to.
Please indicate acceptance of these terms and conditions by signing and dating this
agreement and returning it to SOAR at the address below.
Accepted and Agreed:
___________________________________________
______________________
Signature
Date
_________________________________________
Printed Name
________________________________________
Drop Zone
_____________________________________________________________________________________
Mailing Address
City
State
Zip
(_____)_______________________________________________________________________________
phone
email
website