Release and Waiver Of Liability Agreement
I ACKNOWLEDGE this is a release of my rights to sue.
I ACKNOWLEDGE agree that if any provision of this agreement is found to be unenforceable or invalid, that provision shall 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 INTEND by this Release to waive all claims of negligence (active or passive), personal injury, property damage or loss, product liability, or breach of warranty against all property owners, KRAKEN SPRINGS, DIVE GEORGIA LLC, DEEP WATER PROPERTIES LLC, WATERFRONT PROPERTY LLC, PADI Americas, Inc., any subsidiary corporations, professional(s) associated with this activity, event sponsors, and any respective employees, officers, agents, contractors, and assigns (hereinafter referred to as “Released Parties,”). This Release shall cover and include all areas, activities, and acts within the premises, including but not limited to, all parking facilities, picnicking areas, land, water (above and below), showers, rest rooms, office, and every other area or connected with the same.
IN CONSIDERATION of the opportunity afforded to me to enter and utilize the premises known as KRAKEN SPRINGS (hereinafter referred to as “Kraken Springs,”) located in WHITE, GEORGIA and to participate in SWIMMING, SKIN, and/or SCUBA DIVING, its associated activities, or ANY OTHER ACTIVITIES on the property, including but not limited to RESTROOMS, PAVILIONS, CAMPING, RV SITES, ROOM OR HOUSE RENTAL/USE, I accept this agreement for myself, my children, my heirs, administrators, executors, successors, assigns, personal representative, and estate. I release, remise, and forever discharge the Released Parties and other participants in those activities of and from all claims, demands, actions and causes of action of any sort.
I ACKNOWLEDGE that the utilization of the premises by the undersigned for whatever permitted purposes is purely at my risk. I agree and promise to accept and assume all of the risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Released Parties. I understand that that I am accepting all risks, both known and unknown, and could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I agree that there have been no warranties made to me expressed or implied.
I AGREE should Released Parties or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I ACKNOWLEDGE that there is no lifeguard on duty and that I have been given an opportunity to inspect the property and my use of the premises indicates my satisfaction with the condition of the same.
I ACKNOWLEDGE that Kraken Springs is a natural body of land and water that contains both natural and man-made hazards (known and unknown) that include but is not limited to rocks, water features, lines, platforms, wet and slick surfaces, uneven ground, loose objects, sharp objects, submerged objects, falling rock, equipment, entrapment hazards, and large variations in air and water temperature year-round and based on depth both above and below the water. I am solely responsible for my judgement in responding to such hazards. The Released Parties are not responsible for any hazards, my judgment, or any act of god.
I CERTIFY that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
I CERTIFY that I am eighteen (18) years of age or older and certify that my attendance and participation in those activities is voluntary. I elect to participate in spite of the risks. I represent and certify that any participation in SKIN and/or SCUBA DIVING is as a certified scuba diver, or as a student in a SCUBA DIVING course/program under the supervision of a qualified SCUBA instructor.
I AGREE to abide by the rules of the facility. I may have my access revoked for any reason, at any time, at the sole judgement of the facility. The facility is not required to provide a reason for such access being revoked.
I ACKNOWLEDGE that by signing for or representing any minors undersigned below, I represent that they are under my care and fully accept all risks on behalf of myself, child, or children under my care. I have the legal authority to bind this legal agreement on their behalf. The undersigned represents and certifies that all participation in any activity on the property including ACTIVITIES, CAMPING, RV SITES, ROOM OR HOUSE RENTAL/USE, SWIMMING, SKIN, and/or SCUBA DIVING by any child or children under my care is under the direct supervision of a legal parent or guardian, qualified and certified professional authorized by the parent or guardian, or individual that meets the requirements of supervision as outlined by certification agency, insurance, or law. I accept this agreement on behalf of myself, child, or children and waive any further action by any parents, guardians, children, heirs, administrators, executors, successors, assigns, personal representative, and estate and have the legal authority to do so.
I hereby grant Dive Georgia, Affiliated Companies of Dive Georgia, Employees, Staff, and Instructors permission to use my likeness in a photograph, video, or other print and digital media in any and all of its publications, marketing, social media channels, and online, without payment or other consideration. I waive any 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 the photo.
I AGREE that this Release shall be continuing in nature for subsequent days and up to and for 365 days starting from signing this agreement on December 2, 2023. I ACKNOWLEDGE that this Release applies to all future claims for any incident that occurred during the released period. However, I agree to execute a new agreement as required for any new period of entry or use.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD THE DOCUMENT AND, BY AFFIXING MY SIGNATURE TO IT, SIGNIFY MY CLEAR INTENTION TO BE LEGALLY BOUND BY IT.
THIS AGREEMENT SHALL NOT BE AMENDED OR MODIFIED OR ANY OF ITS PROVISIONS WAIVED, UNLESS IN WRITING AND SIGNED BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.
WARNING - COVID-19 Notice
Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.
Today's Date: December 2, 2023
Facility Fees and Rental Use Agreement
I authorize Kraken Springs / Dive Georgia to charge my Credit Card for any outstanding rentals fees, entries, and any outstanding amounts I owe. In the event of non-return or damage of any rented or loaned equipment I will be charged for the replacement cost of such equipment immediately and at full replacement cost for the facility to furnish a replacement.
I understand and agree that the Released Parties shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.
I will personally inspect and verify before use that any equipment used during my stay is fully operational, protected against loss, and take personal responsibility for such equipment during my use. In the event that any equipment is not fully operational during inspection, I will stop using such equipment immediately and report any and all problems to the facility management.