This agreement releases SuperDive Scuba Inc. and DIVERS-ity Initiative Inc. from all liability relating to injuries that may occur during organized beach cleanups. By signing this agreement, I agree to hold SuperDive Scuba Inc. and DIVERS-ity Initiative Inc. entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.
Assumption of Risks: I acknowledge the risks involved in participating in shore cleanups and underwater cleanups, which cannot be eliminated regardless of the care taken to avoid them. These include but are not limited to: injury by sharp objects, exposure to dangerous substances, exposure to waterborne illnesses, sunburn, heat exhaustion, hypothermia, encounters with local wildlife, drowning, entanglement, hypoxic events, decompression illness, barotrauma, loss of or damage to personal property, and even catastrophic injury including death.
I have read the previous paragraph and I know, understand, and appreciate these and other risks that are inherent in organized beach cleanups. I assert that I am participating voluntarily and that I knowingly assume all such risks. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
Waiver: In consideration of being permitted to participate in any way in the organized beach cleanups, I, for myself, my heirs, personal representative or assigns, do hereby release, waive, discharge, and covenant not to sue SuperDive Scuba Inc. or DIVERS-ity Initiative Inc, its officers, employees, and agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, but not limited to, participation in an organized beach cleanup.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD SuperDive Scuba Inc. and DIVERS-ity Initiative Inc. HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees brought as a result of my involvement in the organized beach cleanups and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.