Gilboa Quarry hosts various adventure and aquatic activities including: swimming, snorkeling, breath-hold freediving, scuba diving, technical diving, camping, and other wilderness adventures (referred to as ‘ACTIVITIES”). These ACTIVITIES are inherently dangerous and may result in property loss, illness, injury and death. In consideration of being allowed to participate in the ACTIVITIES, I HEREBY AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS CONTRACT (referred to as “AGREEMENT”).
On behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES and all who may have a claim on MY behalf, (referred to as “ME”, “MY”, “MYSELF”, “I” and/or “PARTICIPANT”), I voluntarily enter into this AGREEMENT with FULL TANK LLC dba Gilboa Quarry, including but not limited to their owners, officers, directors, employees, agents, volunteers, dive professionals, insurers, affiliate businesses, and all other persons and entities associated with the ACTIVITIES, whether specifically named or not (referred to as “RELEASED PARTIES”).
PARTICIPANT'S RESPONSIBILITIES AND ASSUMPTION OF RISKS:
I understand there are inherent risks of property loss, illness, injury and death associated with the ACTIVITIES and I hereby agree to be solely responsible for my health, safety and actions. At all times while participating in the ACTIVITIES, I will follow safe practices, maintain awareness and use good judgment to reduce the risks, but I understand the risks of property loss, illness, injury and death cannot be completely eliminated. If I choose to scuba dive, I hereby represent that I am a certified and competent diver, or student under the supervision of a certified scuba instructor. I am solely responsible to verify the adequacy and function of the equipment I use prior to each dive and to monitor MY breathing gas throughout MY dives. I will plan and conduct all dives within MY training and ability and return to the surface with a minimum of 700psi cylinder pressure. In the event I choose to dive without a dive partner or continue MY dive in the absence of a dive partner, I understand and accept the increased risk of solo diving. I understand diving ACTIVITIES will expose ME to inherent dangers including but not limited to: panic, drowning, decompression illness, overexpansion injuries, pressure related injuries, shallow water blackout, overexertion, diver separation, breathing gas toxicities, equipment failure, dangerous acts of others, animal bites and stings, dangerous environmental conditions, etcetera. If I am a student diver in training, I confirm I have completed all medical screenings required by the training agency to participate in the course in which I am enrolled, reviewed all relevant risk awareness videos for the course, and have completed all prerequisites required in preparation for open water training. I further understand wilderness ACTIVITIES will expose ME to inherent dangers including but not limited to: slipping, tripping, falling, uneven and slippery surfaces, animal bites and stings, dangerous environmental conditions, equipment failure, dangerous acts by others, etcetera. I understand there are risks of property loss, illness, injury and death even when reasonable safe practices are utilized and despite these risks, I voluntarily choose to participate in the ACTIVITIES, and I assume all risks associated with MY participation in the ACTIVITIES, whether the risk is foreseeable or unforeseeable, and whether or not the risk is created by the RELEASED PARTIES.
PARTICIPANT'S STATUS, HEALTH AND EMERGENCY AWARENESS:
I will only participate in ACTIVITIES within MY ability, skill, experience and/or certification level. MY participation in the ACTIVITIES is voluntary and I agree to refrain from participation and/or take appropriate actions for MY safety if I become aware of an unsafe condition and/or I do not feel well, willing, capable and/or competent to participate. I hereby affirm I am physically, medically and mentally fit to participate in the ACTIVITIES. I will not hold the RELEASED PARTIES responsible for any health condition that results in MY illness, injury or death. I will not possess or consume any illegal drugs or consume alcohol prior to ACTIVITIES or use medications that are contraindicated for the ACTIVITIES. I understand the ACTIVITIES are conducted at a remote location that will delay emergency response, medical care and/or hyperbaric treatment. I understand that diving with compressed breathing gases have inherent risks, including but not limited to overexpansion injuries, decompression illnesses, and air/gas embolism that may require treatment in a hyperbaric chamber. I further understand the diving ACTIVITIES are conducted at a site that is remote in distance and time from a hyperbaric chamber and medical facility. Despite the inherent risks, I expressly choose to participate in ACTIVITIES in the absence of nearby medical facilities or hyperbaric chamber. I assume these risks and hereby release the RELEASED PARTIES for failure to rescue, provide proper emergency response, first-aid and/or medical care. I authorize the RELEASED PARTIES to provide ME first-aid and medical care in the event I become ill or injured. I agree to be solely responsible to pay for all expenses associated with any emergency response and medical care provided to ME, including but not limited to first-aid supplies, emergency oxygen, transportation, special needs, emergency response and/or medical care provided by the RELEASES PARTIES and all other care providers.
DEEP DIVING ASSUMPTION OF RISKS:
I understand that a body of water, such as Gilboa Quarry, has water temperatures as low as 38 degrees and depths exceeding 75 ft of water. I understand that diving beyond 75 feet of water or from the deep dock at Gilboa Quarry requires that I hold a diver rating of Deep Diver or greater through a recognized training agency. I further understand that Advanced Open Water certification may not be sufficient certification for diving to depths greater than 75 ft in colder water environments unless under the direct supervision of a “Deep Diver” specialty certification instructor or greater. Regulators can and will free flow in colder water such as Gilboa Quarry regardless of season. I understand that diving past 75 feet at Gilboa Quarry requires special training and equipment (including, but not limited to, two regulators utilizing independent air sources that would provide the diver with sufficient air supply to reach the surface at an ascent rate no greater than 30 ft per minute during a sudden and unplanned ascent. Additionally, I am aware that neoprene wetsuits may not provide sufficient exposure in cold water dive environments. A dry suit is necessary to swim beyond 75 ft and I have been formally trained in drysuit use if diving in this type of suit.
SOLO DIVING ASSUMPTION OF RISKS:
I hereby affirm that if I intend on solo diving, I am a qualified self-reliant diver. I have been advised of the inherent hazards of solo, self-sufficient and/or self-reliant scuba diving. Further, I understand that such diving involves certain inherent risks including, but not limited to, drowning, decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries and other types of barotrauma and/or hyperbaric injuries. I further understand that by diving alone, I may not have a dive buddy to assist me should any of these, or any other, diving malady or accident occur while I am solo diving. I, understand and agree that neither Full Tank LLC, nor any of their respective employees, officers, agents or assignees, nor the dive operation through which I am granted the privilege of solo diving, nor my dive buddy, nor other participants in this solo diving activity (hereinafter referred to as Released Parties) may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assignees that may occur as a result of my participation in solo diving as a result of the negligence of any party, including the Released Parties, whether passive or active.
RELEASE OF LIABILITY:
In consideration of being allowed to participate in the ACTIVITIES, I hereby agree to release the RELEASED PARTIES from all liability arising as a result of property loss or damage, illness, injury and/or death due to any act or failure to act, including but not limited to the negligence of anyone, including negligence by the RELEASED PARTIES. I understand that this is a complete and unconditional release of all liability of the RELEASED PARTIES to the greatest extent allowed by law.
HOLD HARMLESS AND INDEMNIFICATION:
I agree to hold harmless and indemnify (defend and pay all judgments, court costs, damages, investigation costs and all other expenses incurred by the RELEASED PARTIES associated with enforcement of this AGREEMENT) the RELEASED PARTIES from all claims, causes of action and/or lawsuits arising from MY participation in the ACTIVITIES. I hereby obligate MYSELF, or MY estate and family if I am deceased to be fully responsible to pay all costs associated with any claims, causes of action, lawsuits or judgments against the RELEASED PARTIES as a result of MY participation in the ACTIVITIES.
LEGAL CONTRACT, GOVERNING LAW AND SEVERABILITY:
I understand this AGREEMENT is a legally binding contract giving up MY legal rights. This AGREEMENT shall be in full legal force from the time I sign it, through the duration of the ACTIVITIES, and into the future until all claims and or legal actions against the RELEASED PARTIES are fully resolved. I agree that any legal action arising as a result of MY participation with the ACTIVITIES shall be governed by the Laws of the State of Ohio and the exclusive jurisdiction of any legal action shall be Putnam County, Ohio. If any portion of this AGREEMENT is found to be unenforceable or invalid, then that portion shall be severed, and the remainder shall continue in full legal force. I agree that a photocopy, fax copy or electronic completion of this AGREEMENT shall have full legal force as if it was an original document signed by ME.
I voluntarily and freely enter into this contract based exclusively on the preprinted terms of this AGREEMENT without modification and without relying on any other representations or assurances. I acknowledge that I have read, fully understand and agree to be legally bound by this AGREEMENT. I understand that by entering MY name on the signature line, I am giving up legal rights for MYSELF and all others who may have a claim on MY or their behalf against the RELEASED PARTIES as a result of MY participation in the ACTIVITIES. I hereby agree that this AGREEMENT shall remain effective from the time I sign it through the duration of all ACTIVITIES in which I participate with the RELEASED PARTIES until 365 calendar days from the original signing date.