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Equipment Use and Lease Agreement

(Liability and Assumption of Risk)

 

THIS AGREEMENT is entered into between Kyalami Charters Inc., and the renter, for the rental of scuba diving equipment This AGREEMENT is a release of my rights to sue for the injuries or death resulting from the rental and/or use of this equipment

I expressly assume all risks of scuba diving related in any way to the rental and/or use of this equipment I hereby acknowledge receipt of the equipment designated in this form, and if any of this equipment is to be used for scuba diving I affirm I am a CERTIFIED SCUBA DIVER or STUDENT DIVER in a Scuba Diving Course/Program under the supervision of a CERTIFIED Scuba Instructor.

I acknowledge that the equipment is in good working condition and that I have examined the equipment to ensure that it is free from defects, including checking both the quality and the quantity of gas in any scuba tank (s) rented.

I acknowledge that Scuba Diving is a physically strenuous activity, that I will be exerting myself during this activity, and that if I am injured as a result of heart attack, panic, hyperventilation, 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 also understand and agree that Kyalami Charters Inc., and its employees, owners, officers, or agents (hereinafter "released parties"), shall not be held liable or responsible in any way for any injury, death or other damages to me, my equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.

I agree to reimburse the Dive Charter for loss or breakage of any and all equipment at the current replacement value and to also pay for damages that incurred while transporting the equipment

I agree to return the equipment in clean condition.

I further state I am of lawful age and legally competent to sign this liability release that I have acquired 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 document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision or this Agreement is found to be unenforceable or invalid, that provision shale be severed from this Agreement The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

I HAVE CAREFULLY READ AND UNDERSTAND

THE ABOVE AGRREMENT. BY SIGNING THIS AGREEMENT, I EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WORNGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CASUED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND ME HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS.

 

VESSEL LIABILITY RELEASE AND WAIVER

THIS IS A WAIVER OF YOUR RIGHTS TO SUE

 

  1. I understand the purpose of signing this document is to exempt and release Kyalami Charters Inc (hereafter called vessel), Its employees, agents and dive boats, whether owned, operated, leased or chartered and to hold these entities (the "released parties") harmless from any and all liabilities arising as a consequence of any acts or omissions on their part, including, but not limited to, active or passive negligence.
  2. I have been taught and understand that scuba diving is a hazardous activity with inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, perils of the sea and acts of fellow divers which could result in my serious injury or death. by way of my signature I expressly assume these risks. I assert that I am physically fit to participate in the sport of scuba diving and snorkeling and I agree by way of my signature that I will not hold any of the above named individuals, persons, or entities responsible if I am injured as a result of any medical conditions while scuba diving and/or snorkeling. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving.
  3. Prior to leaving the dock I will inspect all of my equipment to be used and I will notify the dive store/vessel of any equipment which I find to not be functioning properly. I will not hold the dive store or any of its employees, agents or dive boats, nor the vessel responsible for my failure to inspect my equipment prior to diving.
  4. I will be present and attentive to the safety briefings given by the divemasters„boat captain and crew. I understand that I have an affirmative duty to plan and carry out my own dive and to be responsible for my own safety. By way of my signature I expressly agree that I will plan all my dives as no decompression dives with at least a three-minute safety stop at 15 feet prior to ascending to the surface. I fully agree that I will start my ascent at the end of each dive with enough air to guarantee being on the vessel with a minimum amount of air in my tank as required by the dive leader. I will stay within 300 ft of the dive flag and will have the dive guide and my buddy in sight at all times. In addition I confirm that I have been diving within the last year of today's date.
  5. I will immediately cease and abort 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 which I am comfortable.
  6. I am fully aware and have been trained in the dangers, risks and hazards of holding my breath while diving on compressed air. I fully agree not to hold the above named individuals, entities or vessels responsible for any such act by me. In the eventuality that I become distressed at the surface, I will immediately drop my weights and inflate my buoyancy compensator. I understand that if I want or need any assistance from the vessel, the dive master, or the captain I will give the proper "diver in trouble" signal. I understand that this activity may be conducted in a remote site by time and distance from a medical facility and a recompression chamber. Nevertheless I expressly wish to proceed with this trip.
  7. I hereby acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures and agree that this waiver and release of liability, assumption of risk and Indemnity agreement extends to all acts of negligence, Including negligent rescue operations and is intended to be as broad and inclusive as permitted by the laws of the province or state in which the activities are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect
  8. By way of my signature on this document it is my express intention by way of this instrument to give up my right to sue all individuals, or entities or vessels referred to herein, whether specifically named or not and it is also my intention to exempt and relieve the vessel, its employees, agents and dive boats whether owned, operated, leased or chartered from all liability arising as a consequence of any act or omission including, but not limited to, active or passive negligence. by Way of my signature on this document I fully agree to indemnify and hold these entities named within this document harmless from any and all liability for personal injury of any sort, property damage or wrongful death by myself, heirs and assigns, and I assume expressly all Risks in connection with the activities of snorkeling and scuba diving.
  9. By way of my signature given voluntarily I evidence that I have read fully and understand this document in its entirety. If have any questions with respect to the contents of this document I certify that I have fully informed myself before signing my name below. I fully agree to the terms and Conditions herein and realize they are given in exchange for the dive store and/or the Vessel allowing me to participate in this activity. I understand that this is a contract.

Today's Date: May 1, 2025

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

EAN CERT # (when applicable)

DAN INSURANCE #

DIVER CERT #

CERT AGENCY

DATE OF DIVE: *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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