Complete Liability Release
1. I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE KOHALA DIVERS LTD., ITS EMPLOYEES, AGENTS AND DIVE BOATS (WHETHER OWNED OPERATED LEASED OR CHARTERED) AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
2. I am a certified scuba diver or student scuba diver under the direct supervision of an instructor and have been taught and understand that scuba diving has inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, perils of the sea, or acts of fellow divers and I SPECIFICALLY ASSUME SUCH RISK.
3. I acknowledge that I am physically fit to scuba dive and snorkel, and I will not hold any of the above named persons or entities responsible if I am injured as a result of heart problems, lung problems, or other illnesses or medical problems which occur while diving and/or snorkeling.
4. I have not recently consumed any drugs, alcohol or medication that would contraindicate diving.
5. Prior to leaving the dock, I will inspect all equipment to be used. I will notify KOHALA DIVERS LTD. If any of my equipment is not functioning properly. I will not hold KOHALA DIVERS LTD. , or any of its employees, agents or dive boats responsible for my failure to inspect my equipment prior to diving. I acknowledge that rental equipment is cleaned to CDC and DAN reccomendations using a bleach solution and any gear of mine left with the company will be cleaned in the same manner. Any gear I choose to leave with the company is done at my own risk and I will not hold the company liable for loss or damage.
6. I will be present at and attentive to the safety briefing given by the dive master and boat captain and if there is anything that I do not understand, or have been taught differently, I will notify the boat captain immediately.
7. I understand that I have a duty to plan and carry out my dive in a responsible manner and that I am responsible for my own safety. I will immediately notify my dive master and stop my dive if: (1) I feel uncomfortable with my diving abilities, and/ or (2) diving conditions are worse than those for which I have been trained or for which I have experience. I WILL REMAIN WITH MY DIVE BUDDY OR DIVEMASTER DURING THE DIVE. I understand I am responsible to monitor my own air pressure. At 700 PSI I am responsible to notify my divemaster and conduct my safety stop at 15 feet for 3 minutes without direct supervision and I assume this responsibility.
8. I will start my ascent at the end of each dive with enough air to guarantee being on the boat with a minimum of 500 PSI remaining in my tank.
9. I understand that diving with compressed air involves certain inherent risks, including but not limited to, air expansion injuries, recompression sickness, embolism and drowning. Hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that this activity may be conducted at a site that is remote, either by time or distance or both, from such a recompressing chamber. I still choose to proceed with such activity in spite of the absence of a recompression chamber in proximity to the dive sites.
10. I fully understand and am aware that the dive boat has limited medical facilities and that in the event of illness or injury appropriate medical help must be summoned by radio and that treatment will be delayed until I can be transported to a proper medical care facility.
11. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELIEVE KOHALA DIVERS LTD., ITS EMPLOYEES, AGENTS AND DIVE BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED) AND TO HOLD THESE ENTITTIES 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 AND SNORKELING ACTIVITIES.
12. I hereby grant permission to the rights of my image, likeness or video image without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in marketing and advertising within an unrestricted geographic area.
13. COVID-19 Policy agreement: I attest that I am not currently ill, not showing symptoms, and not knowingly exposed to COVID-19 or like viruses in the past 14 days. I attest that I have completed any quarantines as required by Hawaii law. I acknowledge the responsibility of lasting lung damage to fellow scuba divers and dive staff if I lie and expose others to COVID-19. I agree to adhere to Kohala Divers, Ltd. Covid-19 policies and the State and County of Hawaii laws including our strict sanitation procedures, mask wearing, and social distancing policies. I release Kohala Divers Ltd, it's employees, agents and dive boats from liability in regards to the transfer of Covid-19 virus.
I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND AGREE TO THE TERMS AND CONDITIONS HEREIN ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS, AND MY PERSONAL REPRESENTATIVES.
June 4, 2023