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BOAT TRAVEL AND SCUBA DIVING

VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK

 

Please read carefully and fill in all blanks before signing.

 

I, ________________________________________________, hereby affirm that I am a certified diver or a student diver

(passenger/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. I understand that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, 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. By signing this release, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a dive or dives, whether conducted as a recreational dive or part of a diving class.

I understand and agree that neither The Scuba Shop , William M Atkins , all heirs, the crew or owner of the vessel, nor  the vessel, nor International PADI, PADI, Inc., nor its affiliate or subsidiary corporations, nor the owners, officers, employees, agents, or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence on this dive trip or boat ride to and from or during which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this boat trip and scuba dive(s) or as a result of the negligence of any party, including the Released Parties, whether passive or active.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have obtained the written consent of my parent or guardian.

I ____________________________________________________________, BY THIS INSTRUMENT, DO HEREBY

(passenger/diver)

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 ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THIS BOAT TRIP AND SCUBA DIVE(S), AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

PRINTED NAME_________________________________________________________________________________

 

 

 _____________________________________________________________                  ______________________

                                                             Participant’s Signature                                                                                                                                           Date (Day/Month/Year) 

 

 

 _____________________________________________________________                  ______________________

                                                                     Signature of Parent of Guardian (where applicable)                                                                                                                                     Date (Day/Month/Year)

 

G PRODUCT NO. 10077 (Rev. 1/99) Version 1.2                                                                                                                               © International PADI, Inc. 1999

A-11    

 

 

 

 

 

 

 

The Scuba Shop

Liability Release

Liability Release and Express Assumption of Risks.

This is a release of your rights to sue.

This release may be used against you in a court of law if you

sue any released party or person.

Please read carefully, fill in all blanks and initial each

paragraph before signing.

 

 

 Name: ________________________________________________

 Level of certification:______________/ Student__________________

 Certifying Agency is PADI, NAUI, SSI YMCA other:___________________

 Year of certification:__________________________

 Approximate # of dives up to date:_______________

 Approximate date of last dive:__________________

Rate your experience… Novice          Advanced         Very Advanced

 

 ______ I am a certified diver or student and have been  trained in proper use of scuba equipment, sport diving, air

 procedures and/ or enriched air diving procedures.  I also hereby affirm that I have been advised and thoroughly

 informed of the inherent risks and hazards of recreational and/ or technical diving activities.

 ______ I understand and agree that neither The Scuba Shop of Spartanburg, S.C. nor any of its respective employees,

 officers, agents, or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way of

 injury, death and/ or other damages to me or my family, heirs or assigns that may occur as a result of my participation in

 diving while diving with The Scuba Shop of Spartanburg, S.C. as a result of the negligence of any party, including the

 released parties, whether passive or active. 

 ______ In consideration of being allowed to dive with The Scuba Shop of Spartanburg, S.C., I hereby personally

 assume all risks in connection with said diving, for any harm, injury, or damage that may befall me while I am a diver

 with The Scuba Shop of Spartanburg, S.C., including all risks connected therewith foreseen or unforeseen.

 ______ I further save and hold harmless released partied from any claim or lawsuit by me, my family, estate, heirs, or

 assigns arising out of my participation in said diving with The Scuba Shop of Spartanburg S.C..

 ______ I understand that diving underwater with compressed air, enriched air nitrox, oxygen or mixed gas supplied by

 standard scuba equipment, semi-closed or closed rebreather, may involve inherent risks, including but not limited to

 decompression illness, gas embolism, oxygen toxicity, hypoxia, nitrogen narcosis, marine life injuries may require

 immediate metical attention and/ or hyperbaric oxygen therapy that may not be close and available.

 ______ I also agree to take full responsibility for my own actions and safety while diving with equipment, transportation

 of other services provided by The Scuba Shop of Spartanburg, S.C..

 ______ I understand that diving activities are physically strenuous and that I will be exerting myself while participating

 in said diving activities and I expressly assume the risks of any and all injuries and I will not hold the above named

 individual(s), facility, or released parties responsible if I am injured as a result of heart attack, panic, hypoxia,

 hyperventilation, oxygen toxicity, nitrogen narcosis, decompression illness, gas embolism, drowning, etc.

 ______ I further state that I am of lawful age and legally competent to sign this liability release or that I have acquired

 the written consent of my parents of guardian that has also read this document.

 ______ I understand that the terms herein are contractual and not a mere recital, and that I have read and  signed this

 document of my own free act.

 

 THIS IS THE INTENTION OF (your name)________________________________ BY THIS INSTRUMENT TO

 EXEMPT THE SCUBA SHOP OF SPARTANBURG, S.C. AND ALL RELATED ENTITIES AS DEFINED ABOVE,

 FROM ALL LIABILITY AND/ OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY

 DAMAGE, OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO THE

 NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.  I HAVE FULLY INFORMED

 MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASED AND EXPRESS ASSUMPTION OF RISKS BY

 READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS.

 

                                                                                                       /

   _________________      _______________________________________________________________

      Date (Day/Month/Year)                                                                         Signature of diver and guardian