RELEASE OF LIABILITY
I hereby affirm that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death.
I understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand that the open water diving trips which are necessary for training, for certification and for recreation may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such instructional and recreational dives in spite of the possible absence of a recompression chamber in proximity to the dive site.
I understand and agree that neither my instructor(s), Tec Clark, Inc., the ScubaGuru Academy Affiliate who promoted this course, nor any dive training agency mentioned, nor their affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this online course or as a result of the negligence of any party, including the Released Parties, whether passive or active.
In consideration of being allowed to participate in this online course, hereinafter referred to as “program,” I hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me as a result of this program including, but not limited to, the academics, confined water and/or open water activities.
I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program including both claims arising during the program or thereafter.
I also understand that skin diving and scuba diving are physically strenuous activities and that I will be exerting myself performing the skills associated with this program, and that if I am injured or die as a consequence of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said consequence and that I will not hold the Released Parties responsible for the same.
I further state that I am of lawful age and legally competent to agree to this liability release, or that I have acquired the consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have agreed to 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 is 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 herein.
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 I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE BY READING BEFORE PARTICIPATING IN THE PROGRAM ON BEHALF OF MYSELF AND MY HEIRS. BY PROCEEDING TO TAKE ANY SCUBAGURU ACADEMY ONLINE COURSE I AM AGREEING TO THIS LIABILITY RELEASE.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS STATEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF YOUR CHILD USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY PROCEEDING TO TAKE ANY SCUBAGURU ACADEMY PROGRAM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO AGREE WITH THIS STATEMENT, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT AGREE TO THIS STATEMENT. DO NOT LET YOUR CHILD PARTICIPATE IN ANY SCUBAGURU ACADEMY PROGRAM IF YOU DO NOT AGREE WITH THIS STATEMENT.