SSI and Ascuba Venture Inc. Recreational Scuba Assumptionof Risk, Liability Release & Hold Harmless Agreement
This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing. Warning - Scuba diving uses life-support equipment and techniques that have
inherent risks which may cause serious injury, illness or death.
In consideration of being allowed to participate in scuba activity or training, I [PARTICIPANT 1 FIRST NAME] [PARTICIPANT 1 LAST NAME], expressly agree to be bound by this Agreement and comply with the SSI Responsible Scuba Diver Code. I understand this Agreement is between me, my family, estate, heirs and or anyone who may have a claim on my behalf; and Ascuba Venture inc and its staff. including all instructors, leaders, facilities, boats, and diving/training sites I participate, receive training with or at; Scuba Schools International ("SSI"); and each of their respective owners, officers, employees, representatives, volunteers, agents, contractors and any others on their behalves, whether specifically named or not (herein referred to as "Released Parties").
I voluntarily assume all risks of injury, illness and death, caused by scuba diving and all related activities, whether foreseeable or not, including but not limited to risks associated with: swimming, entering and exiting the water, falling on, struck by or abandoned by a boat, separation or lost underwater, holding my breath, pre-existing health conditions, heart failure,over-exertion, panic, drowning, pressure related injuries, decompression illness, environmental and marine life injuries, unknown causes, equipment malfunctions, improper dive planning, or improper action of other divers or support personnel (including failure to rescue,recover,resuscitate, or provideemergency assistance).
I agree to waive, release, not sue, discharge, save, indemnify, and hold harmless the Released Parties of all claims, demands, causes of action, lawsuits and damages by me, my estate, family (including minor children), heirs, or others who may have a claim for my injury, illness or death as a result of any act or failure to act, including negligence by the Released Parties, associated with my scuba training and all related activities. I agree that it is my responsibility to inform my family and all those who may have legal rights on my behalf that I have entered into this Agreement and it is my intent that they be bound by this Agreement. I agree that me or my estate shall be fully liable (pay for) for the cost to the Released Parties for any claim brought on my behalf as a consequence of my participation in scuba diving and all related activities.
I have carefully read, understand and agree to comply with the SSI Responsible Scuba Diver Code during all diving activities. I understand and agree that I am responsible for my own safety and well-being during all dive training and related activities. I am responsible for being physically, medically and mentally fit to participate in scuba diving. I affirm that all personal information I have provided on medical questionnaires is truthful and accurate to the best of my knowledge, and I will not hold others responsible or liable for any injury, illness or death caused by my failure to disclose a known medical condition. I am responsible for my own equipment configuration, assembly, and pre-dive inspection to verify it is appropriate and functioning properly. I am responsible for planning and performing all my dive activitie, including anticipating potential emergencies. I will not hold anyone, including the Released Parties, responsible for failure to protect my well being, ensure my proper use of equipment, or conduct my dive activities competently. I will not dive in conditions or at times that are not within my abilities and comfort level. If conditions become dangerous or I do not feel wellorI become injured, I will immediately notify the dive leader and takeactionto correct the situation.Iunderstanddiveactivities areconducted at sites thatareremote, in timeand distance, from medical care or are compression chamber. I understand divetraining does not guaranteemy safety andthataccidents happen even when proper procedures are followed. I understand the importance of, and my responsibility to have, personal insurance that specifically covers dive-related emergencies, emergency transportation medical treatments.
I understand and agree that SSI licenses training centers, professionals and their affiliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI its parent, subsidiary, or affiliated corporations. I further understand that SSItraining centers, SSI professionals, and their affiliates' businesses are independent, and are neither owned, operated, or controlled by SSI and that while SSI establishes standards and materials for SSI training, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training and/or supervision of divers by SSI training centers, SSI professionals, their affiliated businesses, and/or their associated staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during dive activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI training center, SSI professionals and other affiliated businesses or personnel l associated with mydive activities.
I have read this Agreement and the SSI Responsible Scuba Diver Code. I expressly understand my responsibilities and that I am giving up legal rights by signing this Agreement. I understand this is a legal contract and I am voluntarily signing it without duress or further inducement. I understand this is an unconditional and complete release of all liability to the greatest extent allowed by law. If any portion of this Agreement is found to be legally unenforceable or invalid, that portion shall be severed, and the remainder shall have full force and effect. I agree to be bound by this Agreement without modification of the preprinted text. The terms of this Agreement shall continue in effect for all scuba diving training/activities (including entry-level training, continuing education training, and diving activities for a period of one year from the date I signed this agreement. I am over 18 years of age and legally competent to engage in this Agreement, or I have acquired the written consent of my parent or guardian by completing a Youth Addendum form.
SSI Responsible Diver Code
Scuba diving is an adventure activity that requires the use of specialized life support equipment in an underwater environment where humans could not otherwise exist. As with other adventure activities, scuba diving has elements of risk that cannot be totally eliminated regardless of the amount of training, care, caution or expertise. SSI believes these risks may be reduced through the SSI Diver Diamond - development of proper Knowledge, Skills, Equipment and Experience. Ultimately it is up to each individual diver to assume the inherent risk associated with scuba diving and each diver’s responsibility to minimize the risk through exercising good judgment, common sense, respect and personal awareness during all diving activities. SSI has developed a Responsible Diver Code to remind divers of your responsibilities for each dive.
As a Responsible Diver - I pledge to:
1. DIVE COMPETENTLY - Always dive within my training, certification, experience, comfort and ability.
2. MAINTAIN APPROPRIATE DIVER HEALTH - Including appropriate fitness, physical health and mental awareness to dive.
3. UTILIZE A DIVE PLAN - Plan my dive and dive my plan. Listen to and follow dive briefings.
4. BE A RESPONSIBLE DIVE PARTNER - Remain with my dive partner from start to finish of my dive. Know our plan to reunite if separated underwater.
5. INSPECT MY DIVE EQUIPMENT - Before each dive, I will inspect my equipment and make sure everything is working properly. I will confirm my cylinder valve is completely open. When using blended gas (i.e., Enriched Air Nitrox) – I shall analyze my gas and know its limitations. I will establish proper weighting, know how to release my weights, and verify my buoyancy compensator (BC) and inflator are connected and functioning properly. I will secure my submersible pressure/depth gauge and/or dive computer where it is easily accessible, and know how to use each.
6. DIVER AWARENESS - Monitor my cylinder pressure; making sure to surface with reserve gas and never run out of gas. Monitor my depth and time, respect no decompression limits, perform controlled ascents, safety stops, and monitor my dive partner.
7. MAINTAIN PROFICIENT SCUBA SKILLS - I understand scuba skills and knowledge are perishable. If it has been more than six months since my last dive, I understand the importance of taking a Scuba Skills Update course. I will maintain proper buoyancy throughout my dive, ascend slowly, and breathe properly to avoid overexpansion injuries.
8. RESPECT THE ENVIRONMENT - Be aware of currents, waves, visibility, temperature, weather, boat traffic, slippery, uneven and unstable surfaces, overhead environments, entanglements, and hazardous marine life. I understand boats are unsteady surfaces and will always use one hand to stabilize myself. I understand the importance of taking an orientation dive with a local professional when diving in unfamiliar environments. I will obey all diving and applicable regulations, statutes and codes.
9. PLAN FOR EMERGENCIES - In addition to inspecting all of my dive equipment, I will verify my dive partner’s equipment is functioning properly, configured appropriately and that I know how to remove our weights in case of an emergency. I will make sure our alternate air sources are properly secured and easily accessible in case of a low air or out of air emergency. I will know scuba hand signals and how to alert others in case of an emergency. I will have an emergency action plan in case my dive partner or I have an emergency.
10. ACCEPT RESPONSIBILITY - I am ultimately responsible for my safety during all diving activities. Failure to comply with these responsibilities will increase my risk of serious injury or death. Accidents can happen even when all safety guidelines are followed, therefore I should obtain personal dive accident insurance.
I understand the importance of being a responsible diver and I pledge to abide by the SSI Responsible Diver Code. I understand failure to abide by the SSI Responsible Diver Code will jeopardize my safety and well-being.
SCUBAPRO
PHOTOGRAPHY RELEASE, LIABILITY RELEASE & ASSUMPTION OF RISK
I hereby authorize Johnson Outdoors Diving, LLC to publish photographs taken of me, or persons under my legal guardianship, for use in print and online publications and social networks, as well as by any outside third party interests. In consideration for my voluntary participation in publications produced by Johnson Outdoors Diving, LLC, or any outside third party interests' I agree that I will receive no financial compensation. Furthermore, I agree that participation in any print or online publication produced by Johnson Outdoor Diving, LLC, or any outside third party interests, confers no or ownership or special rights whatsoever. I release Johnson Outdoors Diving, LLC, its employees, and any outside third party interests from any claims of liability by me in connection with my participation in the production of these photographs.
I hereby release my rights to sue for injuries or death resulting from the rental and/or use of this equipment. I expressly assume all risks of skin and/or scuba diving related in any way to the rental and/or use of this equipment and accept responsibility for the equipment and agree to pay for repair or replacement of any equipment not returned to Johnson Outdoors Diving, LLC in working order at the agreed time. (here in atter DIVER) hereby make the following promises and representations to Johnson Outdoors Diving, LLC its agents and associates to that Johnson Outdoors Diving, LLC will allow DIVER to participate. Without these promises and representations, Johnson Outdoors Diving, LLC would not allow DIVER to participate.
EFFECT OF AGREEMENT This document is a legal contract. DIVER GIVES UP VALUABLE RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES OR DEATH. Read it carefully. Do not sign unless or until you understand.
EXPERT STATUS DIVER is a certified scuba or apnea (breath-hold) diver.
FITINESS TO DIVE DIVER is physically and emotionally fit to participate and is not under the influence of drugs or alcohol.
ASSUMPTION OF RISK DIVER understands that scuba and apnea diving is an adventure sport and involves known risks of
serious personal injury or death. DIVER understands the scope and nature of such risks, and freely and voluntarily chooses to encounter and assume such risks.
FULL RELEASE DIVER fully releases Johnson Outdoors Diving, LLC from any liability whatsoever resulting from diving or associated activities COVENANT NOT TO SUE DIVER agrees not to sue Johnson Outdoors Diving, LLC for personal injury arising from scuba or
apnea diving or its associated activities. DIVER agrees that his heirs or executors may not sue Johnson Outdoors Diving, LLC for death arising from scuba diving or its associated activities.
INDEMNITY AGREEMENT DIVER agrees to indemnify and hold Johnson Outdoors Diving, LLC harmless from and against claims or losses arising out of scuba/apnea diving or its associated activittes, whether initiated by DIVER or any other person or
organization on DIVER'S behalf. This indemnity obligation includes reimbursement of all legal costs and reasonable attomeys' fees
Parcet insten and are Diving t or its associated activities on ade nor any no. brant equipment promot or promotion pure
ARBITRATION DIVER agrees any and all claims against Johnson Outdoors Diving, LLC not effectively released by this
attorneys' fees necessarily incurred in addition to any other relief.
DIVER HEREBY GIVES UP THE RIGHT TO A COURT TRIAL AID A TRIAL BY JURY.
Initial Here DIVER has read and understood this agreement.
DIVER is of lawful age to make this agreement or has acquired the written consent of parent or guardian.
1166-A Fester Street • El Cajon, California 92020 • (619) 402-1023 • Fax (619) 402-1554