EXHIBIT 1 - Fun Jumper.com Skydive Sky Dive Parachutefunjumper.com/skyride/sda/doc398-1.pdf · EXHIBIT 1 Case 2:05-cv-02656 ... Since October 1995, I have owned and operated a skydiving

EXHIBIT 1

Case 2:05-cv-02656-MHM Document 398-1 Filed 02/18/10 Page 1 of 17

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Sid Leach (#019519)Monica A. Limón-Wyn (#019174)SNELL & WILMER L.L.P.One Arzona Center400 East Van Buren StreetPhoenix, Arzona 85004-2202Telephone: (602) 382-6390Facsimile: (602) 382-6070sleach(fswlaw.commlimon-wynncmswlaw.comAttorneys for Skydive Arizona, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF ARZONA

SKYDlVE ARZONA, INC.,

Plaitiff,

Case No. 2:05-CV-2656 PHX-MHM

DECLARTION OF JEN SHAvs.

CARY QUATTROCCHI; BEN BUTLER;USSO, LLC dba 1800SKYRDE; ATLANTASC, INC.; CASC INC.; IGOVICENT, INC.,a Georgia corporation; 1800SKYRDE.com;and DOES 1 through 50,

Defendants.

I, Jen Shar, being first duly sworn upon my oath, depose and say:

1. I am over the age of 18 years old and competent to testify to the matters set

forth below.

2. Since October 1995, I have owned and operated a skydiving center in Osage

City, Kansas called Sky dive Kansas.

3. Although there used to be five actual drop zones located in the State of

Kansas, there now are only thee drop zones operating.

4. I have enjoyed a good business relationship with each of Kansas drop zone

owners for many years. I know the owners personally and speak with them frequently.

5. As a result of my relationships with these drop zones, I know that at least

since 2002, none of the five drop zones in Kansas (includig the three existing drop zones1


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in Kansas) accept the 1-800-Skyride gift certificates or gift certificates sold by 1-800-

Skyride, Thril Planet or IGOVincent.

6. My drop zone is about 30 minutes south of Topeka. I have received calls

from persons inquirg whether my drop zone is "the place south of Topeka." We are the

only drop zone trly considered to be "south of Topeka." Although Ai Capital Drop

Zone is located about 2.5 hours southwest of Topeka, it is more common to refer to that

skydiving center as being located in Wichita.

7. The 1-800-Skyride Defendants and their affiliates, including Thrll Planet,

maintain web sites that represent to consumers that gift certificates may be purchased from

their websites for use at a skydiving center in Kansas.

8. The 1-800-Skyride Defendants use the name of my company, "Skydive

Kansas," throughout their websites to target consumers who are interested in purchasing a

skydive in Kansas. See attached pritout from htl1~.~f.lk!:~§9:S.Sky'gt~~.e.:9.~-?m.

9. Another of Defendants' website uses the term "Skydive Kansas Pictues."

None of the those of Skydive SeeKansas.pictues are

http:lh.vw\v.1800skyrlde.eom!Skvdiving/Topeka/. Another of Defendants' websites that

uses the name "Skydive Kansas" clais to be an entity called "Adventue Skydiving

Kansas" that found this UR:is at

httl?~L((~:§:ßSf:s.§kyçHy'jgg:.ç9m!.kftm~§;EG~kY9:t'(~Dg_mJ~stÜ::DÍi:ht!J1l. (See attached.)

10. Websites maintained by Defendants represent that they have a relationship

and/or affliation with skydiving centers in the State of Kansas, when no such

relationships or affiliations exist. For example, Defendants' website,

kansasskydiving.com, represents to consumers that they can skydive in Kansas:

"Experience the adrenaline pumping action of skydiving from an airlane high in the

Kansas sky!"

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11. In another website, topekaskydiving.com, Defendants represent that they are

located in Topeka:

Welcome to Topeka Skydiving!

Topeka Skydiving invites you to join us for the mostexhlarating skydive in Kansas !

12. One of Defendants' websites even represents that it is located south of

Topeka. As stated above, my drop zone, Skydive Kansas, is the only dropzone considered

to be "south of Topeka" in Kansas. I have no business relationship with nor any

affiliation with Defendants or the other entities though which they do business, such as

Thril Planet.

13. The kansasskydiving.com website expressly represents that skydiving

occurs in Topeka:

Skydiving in Topeka, Kansas!

Get ready for the ride of your life! Kansas Skydivingspecializes in making dreams come true. Students out ofTopeka have several options with their first skydive! Videopackages are offered to record every minute of youradventue, from star to finish. Safety is our number onepriority, so remember to give us a call to take your firstskydive out of Topeka, Kansas!

14. For years I have personally received calls from consumers who were led to

believe that they had purchased a gift certificate over the Internet that could be redeemed

at my drop zone. I have felt badly for the consumers who were misled, but stil have not

accepted the 1-800-Skyride gift certificates. I stil receive calls from consumers who are

unclear whether they have reached an actual drop zone or are simply talking to one of the

1-800-Skyride representatives.

15. N one of the drop zone owners in Kansas have the financial resources to take

on Defendants to bring an end to their deceptive marketing practices.

I declare under penalty of perjur that the foregoing is tre and correct.

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Skydive Kansas - Kansas's Premier Skydiving Provider

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Skydive Kansas - Kansas's Premier Skydiving Provider

htt://kansasskydive.com/(2 of2) (2/17/2010 3:24:31 PM)


Skydive Topeka - The Kansas Skydiving ProfessiomibCase 2:05-cv-02656-MHM Document 398-1 Filed 02/18/10 Page 8 of 17

Topeka Skydiving Questions Page 1 of 4

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FAQ's

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Skydive KansasFrequently Asked Questions

W.b.~l.~ie..t!Je..~k;y'i;U.Y1ng..~.9e..r~g.Ll1r.e.m.e.ol~1.What are the physical requirements?What do I wear to sky dive?

What does the training consist of?How much does it cost?What is Tandem Skydiving?WtH~tJf.Y.QMr..p.~.r~.ç.b.llJe..gQ~~lfl.Qp.~n1.

tI.Qw.f~!?twmJ.fau.1.How hard is the landing?How do you breath in freefall?Where can l try Sky-surfing or BASE jumping?Glossary of skydiving terms & abbreviations

What are the age requirements for K~.ns.~.s..!?k;y'~jy.lng?You must be at least 18 years of age to make a skydive.

What are the physical requirements?In general, you should be in reasonably good physical shape, as skydiving is most definitely a sport.

You wil be required wear around 35 Ibs of equipment for AFF skydiving but for tandem skydive onlya harness is needed.

For students that are approximately 250 Ibs or more, Tandem Jumps are available as the bestalternative.

People with medical conditions that may impair them, who experience fainting spells, blackouts, orhave a weak heart should not be jumping. Someone with respiratory ilness may have a problemdue to atmospheric changes at altitude. The better your physical condition, the more you wil enjoythe experience. This being said, very few people have medical or physical conditions which actuallyprohibit jumping.

Adventure Skydiving Kansas will work with you. If you have a question, ask us, and as always, askyour doctor. You may be surprised at the relatively few physical constraints involved (back to topl

What do I wear?Wear comfortable clothing that suits the weather. We wil provide you with everything elsenecessary for your jump(s).

Wear lace-up running shoes (no hiking boots or sandals, please). You can jump with your glassesor contact lenses, as we wil provide goggles for you to wear OV3r your glasses. I~!!r;.kJgJQPl

http://kansasskydi ving. com/kansas _ sky diving_ questions.h 'Il 211612010


Topeka Skydiving Questions

What does the training consist of?The First Jump Course teaches you every thing you need to know to safely make your jump if yourare making an AFF first skydive. For Tandem 5 to 15 minuets is all that is needed. r!?~_ç.iqr,JQP'l.

How much does it cost?For your convenience, our rates are listed on the website. (back to topJ

What is Tandem Jumping?Tandem jumps consist of an experienced jumper called a "Tandemmaster" and a passenger. Moreinformation can be found on our Tandem Information page. (back to topJ

What if my parachute doesn't open?Clearly, this is the most Frequently Asked Question posed by all prospective jumpers.

By law, all intentional parachute jumps must be made with a single harness, dual parachute systemwith both a main canopy AND a reserve canopy. In other words, you have a second (or spare)canopy in case the first one fails to open properly.

However, it must be noted that the technology utilzed in today's sport parachuting equipment islight years ahead ofthe old military surplus gear used in the '60s and '70s. The materials arestronger, lighter and last longer. The packing procedures are simpler, the deployment sequence ismuch more refined, etc.

The reserve canopies are even more carefully designed and packed. The reserve parachute mustbe inspected and repacked every 120 days by a certified parachute Rigger - even if it has not beenused during that time.

The student's main canopy is always packed either by a rigger, or under a rigger's supervision byexperienced packers.

There are also additional safety features employed to ensure canopy deployment, such asAutomatic Activation Devices (AAD) and Reserve Static Lines (RSL), which add still more layers ofsafety. (back to topJ

How fast wili fall?When you leave the aircraft, you are moving horizontally at the same speed as the aircraft, typically110-130 MPH. During the first 10 seconds, a skydiver accelerates up to about 110-130 MPHstraight down. (A tandem pair uses a drogue chute to keep them from fallng much faster than this).It is possible to change your body position to vary your rate offall. In a standard face-to-earthposition, you can change your fall rate up or down a few (10-20) miles per hour. However, by divingor "standing up" in freefall, any experienced skydiver can learn to reach speeds of over 160-200MPH. Speeds of over 200 MPH require significant practice to achieve. The record freefall speed,done without any special equipment, is 321 MPH. Obviously, it is desirable to slow back down to120 MPH before the parachute opening.

Once under parachute, descent rates of 800 ft./min. are typicaL. A lighter student with a biggercanopy may come down much more slowly, and obviously, a heavier person may have a somewhatfaster descent. Experienced jumpers' canopies descend (in normal glide) at up to 1500 ft./min.During radical turns, the descent rate can go well over 2000 ft./min. (back to top)

How hard is the landing?The canopies used today bear little resemblance to the classic round canopies of years gone by.Today, nearly all jumpers and jump schools use "ram air" canopies for parachuting. These canopiesare actually rectangular in shape, and when open, act like an airplane wing (or an airfoil). They are

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Page 2 of 4

2116/2010



more like gliders than umbrellas.

The aerodynamics ofthe square canopy provides it with exceptional maneuverability, allowing thejumpers to land almost anywhere they wish. This wing shape can also provide tiptoe soft landingsfor even the novice jumper. The days of landing like a sack of flour are history. Many students landstanding up on their first jump! (back to topl

How do you breath in freefall?One CAN breathe in freefall - if it were necessary. However, due to the high speed of terminalfreefall and vertical freefall dives, the jumper's body is exposed to 02 molecules at a much higherrate than someone walking around on the ground. The body is able to absorb the necessary 02through the skin. This is why jumpers flap their cheeks in freefall, it presents a larger surface area tothe airstream for oxygen osmosis. Once under canopy, the jumper resumes breathing normally.This is also why jumpers do not jump on cloudy days or when they might risk going through clouds.The moisture in the clouds can condense on their exposed skin surfaces preventing the absorptionof the necessary oxygen. (back to topl

Where can I try Skysurfing or BASE jumping?It's a nutshell, you can after you are certified.

"Skysurfng" or "Sky boarding" refers to skydiving with a small board, similar to a snowboard,attached to your feet. This allows for some radical maneuvers in freefall. However, such jumpsshould only be attempted by experienced skydivers, and preferably after long discussion with one ofthe many skysurfers who have experience. Some board manufacturers and experienced skysurfersoffer instructional classes or videotapes.

BASE jumping involves jumping off of fixed objects (like Buildings, Antennas, Spans (bridges), orEarth (cliffs)), and landing under a parachute. While being an expert skydiver isn't an absoluterequirement, you need a great deal of experience in parachute packing, canopy control, quickreflexes, and body position awareness before this can be attempted with any real safety. Start withskydiving, and then go from there. Furthermore, there are very few places where one may BASEjump legally, as most locations are private propert. r!?fl.Ç.~J9J!?.PJ.

Glossary of Skydiving Terms) Abbreviations, & Colloquialisms:

.AAD - Abbr.. n, "Automatic Activation Device". An altitude sensing device used to automaticallyactivate the opening sequence for a parachute. Most commonly refers to their application to sportreserve parachutes, but also used in other non sport scenarios such as ejection seats, etc.

AFF - Abbr.. n, "Accelerated FreeFall". A training program for first jump students where theskydiving skills development rate is accelerated over that of the older static line program.

Boogie - n, A gathering of jumpers for the purposes of jumping and socializing. Typically, boogieswil have large aircraft, unusual aircraft (balloons, helicopters), special events (record attempts), orsome sort of competition as a focal point to attract jumpers from widely diverse regions.

Bmmce - Colloquialism v, term for landing, after freefall, without the aid of a parachute. AI~o:hammer in, frappe, go in.

Canopy - n, parachute.

CFS - Abbroo, "Canopy Formation Skydiving". The new "offcial" term for a discipline of skydiving inwhich jumpers under canopy fly their parachutes together to form various formations. However,most skydivers still refer to it as "CRW'. (See CRW.)

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2116/2010



CRW- Abbrev., "Canopy Relative Work". Describes the maneuvering done by jumpers undercanopy to fly their parachutes together to form various formations. Sometimes referred to as CReW

(Crew). See CFS.

DZ - Abbrev. n, "Drop Zone". A place where parachuting operations take place. This is may be adesignated area, or frequently, a commercial business which supplies aircraft, instruction, gearsales and seivices.

Flam - v, to pull down on both of the canopy's steering toggles in order to lower decent rate andforward speed just prior to landing. The forward speed is traded-off for lift. A flare penormed too latehas no effect, a flare penormed too early can result in a stall in which the canopy looses forwardspeed and drops straight down. A correctly penormed flare results in an exceptionally soft landing.

FS - Abbrev., "Formation Skydiving". The new "offcial" term for a dicipline of skydiving in which twoor more jumpers fly relative to each other in freefall in order to form various formations. However,most skydivers refer to it as Relative Work, or "RW." (See RW.)

Hoo!\ tum - n, A high-speed turn with either the steering toggles or the front risers penormed atvery low altitude in order to build up speed before landing. See "tun sun."

JM -Abbrev. n, "JumpMaster". A jumper trained and certified to supeivise students and/or novicesduring their jump.

Main - n, the primary parachute.

Opening shock - n, The force experienced by the jumper due to the sudden deceleration fromterminal velocity due to the deployment of a parachute.

RW - Abbrev., "Relative Work". Describes the freefall maneuvering whereby two or more jumpers flyrelative to each other in freefall in order to form various formations. See FS.

R~1selV~ - n, the secondary, or backup, parachute.

RS)und - n, a class of parachutes designed to simply decelerate a body in a fluid medium. Theclassic parachute.

Square - n, a class of parachutes designed to inflate and take the shape of an ainoil. These aremore accurately rectangular in shape and are semi-rigid wings.

Turf smf - v, (also, to "sun it'') a high-speed style of landing. The jumper builds up speed (see HookTurn) and then flares mere moments before touchdown, resulting in a spectacular landing in whichthe jumper skims mere inches above the ground at 30-40mph, for up to 100 yards. Or, if the jumperflares too late, resulting in a spectacular landing in which the jumper impacts the ground, leading tomedical bils, orthopedic surgery, and/or death. Attempt this maneuver at your own risk!

WhuffS) - Colloquialism, n, A person who is not a skydiver (from the often-asked phrase "Whuffoyou jump out of them airplanes?''). (back to top)

http://kansasskydiving. com/kansas _ sky diving_ questions ,html

Page 4 of 4

2116/2010


Go Skydiving in Kansas! FREE Information Available Now! Page:1 of2

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Looking for the perfect place to skydive in Topeka? Topeka Skydivingrepresentatives can help you book your first skydive with one of our safe,experienced vendors. We have trained, professional customer service agentswaiting to assist you seven days a week! Call now and let us walk you throughthe most exciting adventure of your lifetime!

When you choose to skydive with Topeka Skydiving, you can rest assured thatyou are in the best hands available. Our professional skydiving vendors use thebest equipment in the business and maintain it to meet or exceed FAA standardsto completely ensure your safety. When you choose Topeka Skydiving to makeyour skydive reservation, you can rest assured that your safety is our top priority.

You will especially enjoy our professional skydiving customer servicerepresentatives. With years of skydiving experience, they wil provide you with

the guidance you need to make your decision between Tandem Skydiving orAccelerated Free Fall as well as any other questions you may have about yourskydive. They can also help you with a Skydiving Gift Certificate so you can givea gift that will never be forgotten!

Contact Topeka Skydiving today at 1-800-585-5555! This is definitely a call youwon't regret!

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Skydiving in Topeka, Kansas!

Get ready for the ride of your life! Kansas Skydiving specializes in making dreams come true.Students out of Topeka have several options with their first skydivel Video packages are offered torecord every minute of your adventure, from start to finish. Safety is our number one priority, soremember to give LiS a call to take your first skydive out of Topeka, Kansas!

Call 1.800.766-0446 Today for FREE Informationl

If you tiave any family or frienejs in the Topeka area. give Kansas Skydiving a call today to have agift certificate sent out to \l1em in tiie mail' Tliere are endless possibilies for a skydiving adventurein Topeka! Call a Kansas Skydiving representative today to receiv¡¡ more information on how to

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Your First SkydiveStarts With KansasSkydiving!

? Frequently AskedQuestions AboutSkydiving.

Do you have questionsabout skyd iving inKansas? Good news! We

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Skydiving is one of !fiemost exciting sports ofthe modern age.

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Documents

EXHIBIT 1 - Fun Jumper.com Skydive Sky Dive Parachutefunjumper.com/skyride/sda/doc398-1.pdf · EXHIBIT 1 Case 2:05-cv-02656 ... Since October 1995, I have owned and operated a skydiving