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, 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, 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 visits for 365 days starting from signing this agreement on January 29, 2023. I ACKNOWLEDGE that this Release applies to all future claims for any incident that occurred during the released period.
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: January 29, 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.
Standard Safe Diving Practices Statement of Understanding
Please read carefully before signing.
This is a statement in which you are informed of the established safe diving practices for skin and scuba diving. These practices have been compiled for your review and acknowledgement and are intended to increase your comfort and safety in diving. Your signature on this statement is required as proof that you are aware of these safe diving practices. Read and discuss the statement prior to signing it. If you are a minor, this form must also be signed by a parent or guardian.
I understand that as a diver I should:
- Maintain good mental and physical fitness for diving. Avoid being under the influence of alcohol or dangerous drugs when diving. Keep proficient in diving skills, striving to increase them through continuing education and reviewing them in controlled conditions after a period of diving inactivity, and refer to my course materials to stay current and refresh myself on important information.
- Be familiar with my dive sites. If not, obtain a formal diving orientation from a knowledgeable, local source. If diving conditions are worse than those in which I am experienced, postpone diving or select an alternate site with better conditions. Engage only in diving activities consistent with my training and experience. Do not engage in cave or technical diving unless specifically trained to do so.
- Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Have a buoyancy control device, low-pressure buoyancy control inflation system, submersible pressure gauge and alternate air source and dive planning/monitoring device (dive computer, RDP/dive tables—whichever you are trained to use) when scuba diving. Deny use of my equipment to uncertified divers.
- Listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Re- cognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.
- Adhere to the buddy system throughout every dive. Plan dives – including communications, procedures for reuniting in case of separation and emergency procedures – with my buddy.
- Be proficient in dive planning (dive computer or dive table use). Make all dives no decompression dives and allow a margin of safety. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of not more than 18 meters/60 feet per minute. Be a SAFE diver – Slowly Ascend From Every dive. Make a safety stop as an added precaution, usually at 5 meters/15 feet for three minutes or longer.
- Maintain proper buoyancy. Adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal, and establish buoyancy when in distress while diving. Carry at least one surface signaling device (such as signal tube, whistle, mirror).
- Breathe properly for diving. Never breath-hold or skip-breathe when breathing compressed air, and avoid excessive hyperventilation when breath-hold diving. Avoid overexertion while in and underwater and dive within my limitations.
- Use a boat, float or other surface support station, whenever feasible.
- Know and obey local dive laws and regulations, including fish and game and dive flag laws.
I understand the importance and purposes of these established practices. I recognize they are for my own safety and well-being, and that failure to adhere to them can place me in jeopardy when diving.