Liability Release and Assumption of Risk Agreement.
I hereby affirm that I am a certified scuba diver
or a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly
understand the hazards of scuba diving including those hazards occurring during boat travel to and from
the dive site (hereinafter collectively referred to as “Excursion”).
I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries,
decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression
chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries
occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury
or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance
or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with
the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these
and all other risks involved in making such a boat trip and scuba dive(s), whether conducted as a certified
diver or a student diver in a diving class.
I understand and agree that neither the dive professional(s); nor the crew or owner of the vessel; nor the
vessel itself; nor its affiliate or subsidiary corporations; nor the owners, officers
employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter
“Released Parties”) may be held liable or responsible in any way for any personal injury, property damage,
wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result
of my participation in this Excursion, or as a result of the negligence of any party, including the Released
Parties, whether passive or active.
I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the
influence of alcohol or any drugs that are contradicted to diving. If I am taking medication, I affirm that
I have seen a physician and have approval to dive while under the influence of the medication/drugs. I
understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning
or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released
Parties responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver.
Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations,
and the prevailing water conditions and environment. I will not hold the Released Parties responsible
for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the
dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to
the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the
Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive
with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to sign this Agreement, or that I have
obtained the written consent of my parent or guardian. I understand the terms herein are contractual and
not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that
I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found
to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of
this Agreement will then be construed as though the unenforceable provision had never been contained
I understand and agree that I am not only giving up my right to sue the Released Parties but also any
rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death.
I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be
estopped from claiming otherwise because of my representations to the Released Parties.
BY THIS INSTRUMENT, I AGREE TO EXEMPT
AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY
AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL
DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE
NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY
DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION
OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND