
PARTICIPANT RELEASE AND LIABILITY WAIVER
THIS IS A RELEASE OF YOUR RIGHTS TO SUE
I, the undersigned below, hereby affirm that I am a certified scuba diver trained in safe dive practices or a student diving under the instruction of a qualified dive instructor and know that scuba diving (hereinafter “Diving”) has inherent risks which may result in serious injury or death.
I understand that scuba 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. If I am scuba diving with oxygen enriched air or other gas blends including oxygen, I also understand that it involves inherent risks of oxygen toxicity and/or improper mixtures of breathing gas. I understand that there is a risk of equipment failure and the duty is mine alone to test my equipment and determine whether the equipment is safe to dive. I understand that the DUDC club activities may include transportation by boat, plane, car or any other mode of transportation that I may not be in direct in control of and I understand that if there is an injury while being transported, DUDC is not liable for that injury or death. I further understand that the diving activities may be conducted at sites that are remote, either by time or distance or both, from a recompression chamber. I still choose to proceed with these activities in spite of the absence of a recompression chamber in proximity to the dive sites.
I affirm I am in good mental and physical fitness for diving. I further state that I am not under the influence of alcohol or any drugs that are contraindicated to diving. If I am taking medication, I affirm that I have seen a physician and have the approval to dive while under the influence of the medication. I understand that diving is a physically strenuous activity and that I will be exerting myself during this activity and that if I am injured as a result of heart attack, panic, hyperventilation, holding my breath, rapid ascent, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions or dive briefing of the dive professional(s). I affirm it is my responsibility to inspect all of my equipment prior to each dive and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly. I also understand that there are restrictions on flying and other activities which require increased elevation and I understand that it is solely my responsibility to plan my travel and activities in compliance with safe diving standards.
In consideration for allowing my participation in activities offered by Released Parties, I fully understand that prevailing weather, water conditions or other situations beyond the control of Released Parties may cause modifications or cancellations to the planned activities. As such, there may be fees, travel expenses, lodging, wage loss and other monies that I may lose if a planned activity is not able to be performed but I fully understand that this is the nature of the industry and I will not hold the Released Parties responsible for reimbursement of those monies should that occur. I also understand that there may be times when my own illness, gear malfunction or other personal issues may prevent me from undertaking an activity which I may have paid for in advance and expended other fees, travel expenses, lodging, wage loss or other monies for and I understand that those losses are not the responsibility of the Released Parties. I further understand the Released parties are in no way responsible for any acts, errors or omissions including active or passive negligence by any provider of transportation, equipment, dive services, hotel, tour operator, divemaster, scuba instructor, dive boat, dive boat captain and crew or any other provider who is engaged to render any service whatsoever to the Released Parties.
I understand that, from time to time, membership in DUDC may also include participation in non-scuba diving activities such as, but not limited to, opportunities performing volunteer construction activities, cookouts, roadway clean-up or other non-diving social or team building activities. I understand that this liability waiver and release extends to my participation in those activities as well. I understand that pictures or video clips may be taken while participating in DUDC activities, I give my permission for DUDC to use such photos and videos.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SCUBA DIVING, SNORKELING AND OTHER CLUB ACTIVITIES, INCLUDING BUT NOT LIMITED TO ORGANIZATION OF THE ACTIVITY.
BY MY SIGNATURE ON THIS DOCUMENT I EXPRESSLY ASSUME THESE RISKS.