This agreement releases SuperDive Scuba Inc. and DIVERS-ity Initiative Inc. from all liability relating to injuries that may occur during Social Scuba at Community Pool, hereinafter referred to as "The Activity". 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 The Activity, which cannot be eliminated regardless of the care taken to avoid them. These include but are not limited to: hypoxic events, drowning, barotrauma, pulmonary edema, exposure to pathogens and harmful substances, slips, trips, falls, loss of or damage to personal property, training-related injuries, and even long-term and catastrophic injury including death.
I have read the previous paragraph and I know, understand, and appreciate these and other risks that are inherent in The Activity. 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 will ask for clarification when needed. The safety precautions I promise to obey include:
- Participants are responsible for training within their limits.
- I have obtained formal scuba certification from a recognized dive training agency OR will dive directly under the supervision of a dive professional.
I acknowledge and understand that my participation in The Activity may not be supervised by a dive professional or lifeguard. Therefore, I affirm that I am capable of participating in The Activity without supervision and that I am responsible for my own safety.
Waiver: In consideration of being permitted to participate in any way in The Activity, 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 The Activity.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD SuperDive Scuba Inc. and DIVERS-ity Initiative Inc., their officers, employees, agents, 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 Activity 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.