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DIVE RELEASE – SEPTEMBER 16, 2018
DIVE RELEASE – SEPTEMBER 16, 2018
This Liability Release covers the Goliath Grouper dive on September 16, 2018 with Pura Vida Divers
For the purposes of this release, South Florida Underwater Photography Society, Inc., a non-profit corporation organized and existing under the laws of the state of Florida, its Board of Directors, Officers, members, employees, and agents will be collectively called “SFUPS” and/or “the Club”. SFUPS is managing the booking for this dive as a convenience. ASSUMPTION OF RISK 1. . I assert that I am a certified scuba diver or a student diver, under the direct supervision of my instructor. I also assert that if I am using an enriched air mix that I am certified as an enriched diver or I am a student as an enriched diver and under the direct supervision of my instructor. I am aware that scuba diving is a hazardous sport and that the Club activities involve risks and dangers, including the risk of serious injury or death. I certify that I am aware of and accept full responsibility for all of the risks involved in Club activities, including but not limited to the risks inherent in scuba diving and in the scuba diving environment, whether caused by weather conditions, air expansion injuries, drowning, decompression sickness, slipping or falling while on board a boat, being cut or struck by a boat while in the water, injuries occurring while getting on or off the boat, inexperience in the scuba diving environment, including boating procedures, and other perils of the sea, ocean, lake, river, spring or quarry, and the actions or negligence or gross negligence of Club members or participants, or any other persons, or accidents or illness in remote areas without medical facilities. I further understand that conditions exist that are beyond the control of the Club, including but not limited to hazardous marine life, sudden change in weather conditions, natural disasters and other acts of God. 2. I understand that diving with compressed gasses (i.e., normal air, Nitrox, Trimix, etc.) involves certain inherent risks; decompression sickness, embolism or other hyperbaric injury can occur that require treatment in a recompression chamber. I further understand that open water diving trips which the Club may coordinate, 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 dives in spite of the possible absence of a recompression chamber in proximity to the dive site. 3. I also understand that skin and scuba diving and boating are physically strenuous activities and that I will be exerting myself during the activities. I expressly assume all risk for, and will not hold the Club responsible for any injuries that may befall me in conjunction with such activities, whether foreseen or unforeseen, including without limitation, injuries due to heart attack, panic, hyperventilation, drowning or other injuries caused by physical strain or exertion, whether or not occurring as a result of the negligence or gross negligence of the Club, or any vessel or charter dive operation chartered by the Club. 4. I acknowledge that if I choose to participate in Club-related or sponsored scuba dive, that I alone am responsible for my own activities while engaging in scuba diving and that I cannot rely upon anyone to advise me of my own improper or unsafe procedures and practices, negligence or recklessness while diving. I agree that I am responsible for my own actions and state that at no time will I knowingly or willfully endanger myself or other members or guests of the Club during any diving related event that the Club may sponsor. I understand the limitations of my dive certification as set forth by the certifying agency. 5. I hereby personally assume all risks in connection with participating in Club activities, and I understand and agree that the Club shall not be held liable or responsible in any way for any occurrence on or at any Club-related or sponsored dive trip, boating trip, Club meeting or function, or any Club-related activity or event, which may result in harm, personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of participation by myself, my family or my guest(s) in such Club activity or as the result of the negligence or gross negligence of the Club, whether passive or active. I agree not to sue or make a claim against the Club’s negligence relating to or in conjunction with the Club activities and in the event I shall prosecute any such claim, then I shall indemnify and hold the Club harmless from any loss or liability therefrom, including costs and legal fees. 6. I understand that although from time to time the Club, its officers, and its members may facilitate events and associations among its members, families and guests for the purpose of recreational boating, neither the Club, its officers or its members may make any representation as to the seaworthiness, safety, or reliability of any boat or any other equipment, nor as to the skill, experience, training or standard of care of any member of the Club. Nor does the Club, its officers or members make any representation that any member of the Club who operates any boat and invites other members of the Club, their families or their guests onto the boat, maintains any standard of liability insurance or otherwise possesses the capacity to compensate members or guests for damage they may incur from negligence or other operation of the boat or its equipment. WAIVER AND RELEASE 7. I release and forever discharge and hold harmless SFUPS, its Directors, Officers, members, employees and agents from any claim or liability or responsibility that I may have against SFUPS with respect to any bodily injury, personal injury, illness, death, or property damage however caused, including but not limited to the negligence of any Club member, whether passive or active, arising from or relating to any Club activity or event in which I or my family or guest participates that may result from participation with the Club. I also understand that SFUPS does not assume any responsibility for or obligation to provide financial assistance or other assistance, including, but not limited to medical, health or disability insurance, in the event of injury, illness, death or property damage. 8. I acknowledge that by signing this document I specifically and expressly assume all risks and release SFUPS, its Board of Directors, Officers, members, employees and agents and to hold them harmless from any and all liabilities which may arise as a consequence of any acts or omissions on its part, including, but not limited to negligence, or gross negligence of any released party for any dive related activities, including but not limited to getting on and off vessels, ladder related injuries, and other activities including those which are incidental to scuba diving, snorkeling, underwater photography and boating. I fully recognize and understand that I am giving up my right to make a claim or file a lawsuit against SFUPS, even if they negligently or by some other act or omission caused the injury or damage. 9. I agree to release, hold harmless, indemnify and defend SFUPS from any and all liability claims and causes of action arising out of or connected in any way with participation in any of club-sponsored activities by myself or any minor for whom I am signing this Release as well as any costs or expenses, including reasonable attorneys’ fees, incurred in connection with such claims. I further acknowledge that this agreement shall be binding on all family members, including minors, guardians, heirs and any executor or personal representative. MEDICAL TREATMENT 10. I hereby release and forever discharge SFUPS from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency. Should emergency medical services become necessary to the undersigned, the expenses are the sole responsibility of me and not that of the Club. Further, I agree on my behalf that I will not hold the Club liable regarding the provision of medical and/or emergency care or the adequacy or inadequacy of any such care that may be rendered. ACKNOWLEDGEMENT I understand the terms herein are contractual and not a mere recital, and that I accept this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. This Release shall be governed by and interpreted in accordance with the laws of the state of Florida without regard or effect being given to any choice-of-law principles. This Release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Release is held to be invalid or legally unenforceable for any reason, the remainder of this Release shall not be affected thereby and shall remain valid and fully enforceable. I have read this document. I understand that this is a full and complete release of all claims for all liability not only on my behalf but also on behalf of my heirs, all family members, representatives, and assigns.
I have read and agree to the above Liability Release.