Midwest Underwater Explorers (MWUE) Liability Release

Midwest Underwater Explorers (MWUE) Liability Release
Please Read This Entire Document And Enter Your Initials In The Space Provided Beside Each Statement To Indicate Your Agreement. All Fields Are Required.

This Waiver Affects Your Legal Rights.

If You Do Not Agree To Any Of The Terms, You May Not Participate In Midwest Underwater Explorers Activities.

This liability release is intended for use when participating in activities organized by, or adjacent to, Midwest Underwater Explorers (hereinafter “MWUE”), its affiliates, officers, and directors, and during MWUE organized Activities as well as transit to and from MWUE organized Activities. Activities organized by MWUE include but are not limited to swimming, skin diving, scuba diving, camping, community events, collaborations, third-party training and education, and scientific and exploration Projects. Any scuba diving conducted as part of a formal Global Underwater Explorers (hereinafter “GUE”), or other agency training program, must be registered as appropriate with the appropriate agency. All Activities covered by this release must be conducted within the limits of the diver’s certification(s) and it is understood that it is the diver’s responsibility to ensure and accurately represent this. MWUE is not responsible for verifying that the diver is diving within the limits set forth by the diver’s certifications.

You the participant understand that this release is intended for all MWUE activities conducted in the year in which it is executed. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. You understand that separate waivers may be required by dive operators, instructors, and/or facilities, and that the separate waivers are in no way connected to this waiver. This waiver affects your legal rights. Read this agreement carefully. If you do not agree to any of the terms, you may not participate in MWUE Activities.
I have read and fully understand the above paragraphs. Initial Below*
Name, Contact Information & E-Signature Agreement
Name*

First NameLast Name
Email*
example@example.com
Phone Number*
Please enter a valid phone number.
Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
I hereby declare that I am of legal age (at least 18 years old) and am competent to sign this release. Participants in MWUE activites must be 18 years of age or older. Initial Below:*
I agree and understand that by signing below that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement.*

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Emergency Contact Information
Emergency Contact*

First NameLast Name
Phone Number*
Please enter a valid phone number.
I authorize MWUE to contact this individual on my behalf*

Participant Statements
I am entering this agreement voluntarily which will exempt and release MWUE, Global Underwater Explorers and all other related entities from all liability or responsibility whatsoever for damages, losses, injuries, including but not limited to personal injury, property damage or wrongful death however caused, including, but not limited to the negligence or the Gross negligence of the released parties and myself for my own negligence of other parties. Initial Below:*
I understand and acknowledge that MWUE is a facilitator in planning Activities and events, and does not provide training or instruction, is not responsible for my personal safety, and is unable to provide assessment of my ability, or medical fitness to dive or participate in Activities. Initial Below:*
I acknowledge that I am responsible for my actions during participation in scuba diving and Activities and that it is not the responsibility of MWUE to assess my abilities or fitness for any particular activity. Initial Below:*
I understand and acknowledge that swimming, skin diving, scuba diving, technically oriented diving such as rebreather diving, wreck diving, or cave diving, and scuba related activities expose me to the risk of near-drowning or death by drowning, involve the risk of injury, and can result in discomfort, suffering, physical injury, permanent disability, or even death. Initial Below:*
I understand that diving-related injuries such as decompression illness and pulmonary barotrauma/arterial gas embolism, as well as other pressure related injuries, can occur at any depth, including shallow depths, and can cause visual or hearing impairments and other serious and possibly permanent mental and/or physical disabilities or death. Initial Below:*
I understand and acknowledge that I am aware that oxygen breathed at elevated pressures can result in Central Nervous System oxygen toxicity, that even the use of oxygen within commonly accepted time limits can be dangerous, that oxygen toxicity can manifest itself as convulsive seizures with little or no warning, that a convulsive seizure in the water could lead to death by drowning, that my likelihood of developing these seizures may depend on a number of unpredictable variables, that exposure to various stresses such as thermal stress, exercise, and that general physical condition can modify my susceptibility to oxygen toxicity on any given day, and that these risks may not be predictable, that I may still develop CNS oxygen toxicity even when diving within commonly recognized oxygen partial pressure limits and I acknowledge that I am aware of the potential for long term damage associated with oxygen exposure and that whole body or pulmonary toxicity may create permanent injury. Initial Below:*
I understand and acknowledge that it is my responsibility to establish my fitness and health to participate in scuba diving and related activities and that, if needed, I have consulted a physician in order to assure that I am medically qualified to participate in scuba diving and related activities, that it is my personal responsibility to remain fit and that I may encounter significant physical stress during scuba diving or scuba diving related activities, that it is ultimately my responsibility to identify my personal limitations with regard to depth, environment, and other dive related parameters, that it is my responsibility to refuse to dive under any conditions that I feel are unsafe, generally dangerous, appear to relate unacceptable risk to myself or others, or exceed the level of my comfort, experience, training, or equipment, and that MWUE is not qualified to or able to provide medical clearance. Initial Below:*
I understand and acknowledge that it is my responsibility to personally maintain my fitness and proficiency in swimming and diving activities through active participation in scuba diving, personal fitness programs, continuing diving education and/or periodic skill refresher programs, that my fitness and proficiency impacts the likelihood of injury, that it is my responsibility to inform my dive buddy if I have been absent from diving for more than six (6) months and of any lack of physical fitness, that it is my responsibility to take an industry approved refresher course if I have been absent from diving for six to twelve (6-12) months or more, that it is my responsibility to maintain both academic knowledge and diving proficiency, that I must remain an active diver to maintain my safety in the aquatic environment, that it is my responsibility to remain aware of any changes or developments in the diving community and that MWUE does not provide assessment of competence, knowledge, fitness, proficiency, or ability. Initial Below:*
I understand and acknowledge that it is my responsibility to assure that all items of equipment that I intend to use for any given dive are operational, I understand that I bear complete responsibility for the use and maintenance of all items of equipment that I may purchase, borrow, or rent and that MWUE does not provide any equipment, and as such is not responsible for the safety of any equipment. Initial Below:*
I understand and acknowledge that MWUE does not assign or provide buddy teams or dive planning, that MWUE is not responsible for any aspect of my diving including dive planning and execution, and I am responsible for my own dives, including any dive plans made within buddy teams, the decision to buddy with a diver, and all elements of the execution of a dive and. Initial Below*
I understand and acknowledge that participants in MWUE activities are responsible for their own conduct and that MWUE is not responsible for the conduct of other members. Initial Below:*
I understand and acknowledge that I maintain ultimate responsibility for my own safety and those of my team members. Initial Below:*
I hereby state that I am knowledgeable of the risks associated with scuba diving and related activities and I voluntarily accept these risks. Initial Below:*
I understand and acknowledge that MWUE events and activities may include outdoor activities such as camping, I am aware of the inherent risks associated with these activities such as burns from camp fires, cuts, diarrhea, flu-like illness, falling tree limbs and timber, collision, falling, hypothermia, sunburn, heatstroke, dehydration, death, and environmental risks & hazards such as insects, snakes, predators including large animals, falling/rolling rocks, lightening, unpredictable forces of nature, and I understand and acknowledge that I am completely responsible for my safety during, and including transit to and from these activities. Initial Below:*

Medical, Drugs, and Alcohol Statement
I certify that I am not suffering from any medical condition that negatively impacts my ability to exercise and/or scuba dive. I do not have any Recreational Scuba Training Council contraindications for scuba diving or Activities, including the use of prescription drugs (excluding birth control). In the event that I have medical conditions or contraindications, I certify that my physician has provided medical clearance for my participation in scuba diving and Activities. Reference: Recreational Diving Medical Screening System https://www.uhms.org/resources/featured-resources/recreational-diving-medical-screening-system.html*
I will refrain from taking any medications, unless cleared by a physician, which might in any manner be dangerous while diving. Initial Below:*
I will not participate in any Activities under the influence of controlled substances and/or alcohol. Initial Below*

I have read this entire document and recognize that it is my responsibility to ensure that I understand each item. I have had ample opportunity to review this document and feel comfortable that any questions I have were answered promptly and completely. Initial Below:*
I understand and acknowledge that this liability release and assumption of risk form will be governed by the laws of the state of Illinois and if any portion of this agreement is found invalid the remainder shall be in effect. Initials Below:*
I understand and acknowledge that any payments collected for events facilitated by MWUE are on behalf of the charter, resort, or site operator, and are not payments to MWUE for goods or services and any contractual relationship, explicit or implied, is between me and the charter, resort, or site operator. Initial Below*
I understand, acknowledge, and agree that any MWUE representatives present at MWUE organized activities, events, or dive activities are not agents, employees, representatives, or franchisees of GUE or its parent, subsidiary and affiliated corporations , nor agents, employees, representatives, or franchisees of GUE or its parent, subsidiary and affiliated corporations, or of any dive charter, resort, site, or instructor. Initial Below:*
I agree to indemnify and hold harmless MWUE for any damages, injuries, or losses resulting from any Activities I engage in, or any misrepresentations, or breeches in relation to my participation and acceptance of this agreement. Initial Below:*
I understand, acknowledge, and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold MWUE, or any of its officers or assigns, liable for the action, inactions or negligence of MWUE personnel and/or other affiliated personnel, including instructors, associated with the activity. Initial Below:*
I have had ample opportunity to review this form and am fully aware of its contents and I understand that I am releasing certain personal rights and those of my heirs and that the purpose of this form is to completely release all individuals involved in my participation in any MWUE events or Activities. Initial Below:*

I have read this entire document and recognize that it is my responsibility to ensure that I understand each item. I feel comfortable that any questions I have were answered promptly and completely. Initial Below:*
I Your Name, HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT BY READING IT BEFORE I HAVE EXECUTED IT ON BEHALF OF MYSELF AND MY HEIRS AND HEREBY AGREE TO BE BOUND BY IT.
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Midwest Underwater Explorers (MWUE) Liability Release

Name, Contact Information & E-Signature Agreement

Emergency Contact Information

Participant Statements

Medical, Drugs, and Alcohol Statement