I, for myself, my personal representatives, heirs and next of kin:
{fillIn}● HEREBY acknowledge that the risks of injury from activities associated with scuba diving is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
{fillIn}● I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation; and,
{fillIn}● I willingly agree to comply with the stated and customary terms for participation. If, however, I observe an unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company; and,
{fillIn}● I UNDERSTAND that some of the dive sites may be remote, either by time or by distance from a recompression chamber or medical facilities; and,
{fillIn}● that SCUBA DIVING IS A POTENTIALLY DANGEROUS ACTIVITY and involves the risk of serious injury and/or death and/or property damage. I FURTHER ACKNOWLEDGE that diving with compressed air involves certain risks of injuries that can occur which require treatment in a recompression chamber or other facility which may require a great deal of travel.
{fillIn}● I HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE: Sidekick Dive Boat, Boat Is Full, Inc., the boat captain, crew, any of its shareholders, officers, instructors, agents, or employees (the Release’s) FROM ALL LIABILITY TO MYSELF, my personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY RESULTING IN MY INJURY OR DEATH, NOW AND FOREVER, ARRISING OUT OF OR RELATED TO PARTICIPATION IN SAID SCUBA DIVING ACTIVITY OR OTHER DIVING RELATED OPERATIONS THAT MAY OCCUR, WHETHER CAUSED BY NEGLEGANCE OF THE RELEASEES OR OTHERWISE. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, now and forever, arising out of or related to said scuba diving charter, or any other related diving operation, whether foreseen or unforeseen and whether caused by the negligence of the Releasees or otherwise.
{fillIn}● I HEREBY SEPARATELY agree to and SAVE and HOLD HARMLESS the Releasees from any loss, liability, damage, or cost they may incur, now and forever, arising out of or related to participation in said scuba diving charter, or any other related diving operations, whether caused by the negligence of the Releasees or otherwise.
{fillIn}● I HEREBY acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEEDURES OF THE RELEASEES and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as permitted by the laws of the State of New York and that if any portion therefore is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
{fillIn}I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intended my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.