Complete Liability Release, Assumption of Risk and Covenant Not to Sue
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING
The individual named below, including his/her family, heirs, successors and assigns, (hereinafter referred to as “I” or “me/my”) desires to purchase certain equipment from Diventures Holdings, LLC, its subsidiaries, DiVentures, LLC; DiVentures Iowa, LLC; DiVentures Springfield, LLC; DiVentures Madison, LLC; DiVentures Columbia, LLC; DiVentures Atlanta, LLC; DiVentures Lexington, LLC; DiVentures Kansas City, LLC; DiVentures Lincoln, LLC; DiVentures Battle Creek, LLC; DiVentures Arizona, LLC; DiVentures Marietta, LLC; DiVentures Memphis, LLC; DiVentures Little Rock, LLC; DiVentures Virginia, LLC; and DiVentures Colorado Springs, LLC (collectively, “DiVentures Subsidiaries”) and their respective facilities, staff, officers, instructors, employees, agents, successors and assigns, (collectively, the “Releasees”). In consideration for being permitted to purchase a scuba compressed gas cylinder and/or to fill a high pressure gas cylinder for use (hereinafter "cylinder") from Releasees and in recognition of Releasees reliance hereon, I hereby expressly and contractually promise and agree to all terms and conditions set forth in this instrument (this “Release”) as follows:
I represent and warrant that:
- The cylinder will never be used by me for scuba diving;
- I will never allow the cylinder to be used for diving by anyone else; and
- I agree to have all tests, inspections, and routine maintenance performed on the cylinder in accordance with the manufacturer's specifications and industry (Compressed Gas Association (“CGA”)) standards.
I UNDERSTAND AND AM AWARE OF THE INHERENT DANGERS ASSOCIATED WITH THE PURCHASE, FILLING, HANDLING, USE, AND/OR STORAGE OF COMPRESSED AIR/GASSES AND THEIR CYLINDERS AND THE RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY PURCHASE, FILL, OR USE OF SUCH COMPRESSED GAS CYLINDERS AND/OR HIGH PRESSURE GAS CYLINDERS. I ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN FROM MY USE OF ANY SUCH CYLINDER MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF DIVENTURES. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING INTO THIS ARRANGEMENT FOR CYLINDER PURCHASE OR CYLINDER FILLING AND MY HANDLING, USE, AND/OR STORAGE OF SUCH CYLINDER WITH KNOWLEDGE OF THE DANGERS INVOLVED AND I HEREBY SPECIFICALLY ASSUME ANY AND ALL OF THOSE RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PURCHASE, FILLING, AND/OR USE OF SUCH CYLINDER, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
I hereby expressly waive and release Releasees from any and all damages, losses, penalties, liabilities, costs, attorney’s fees, and expenses of any nature, and any demands, claims, and causes of action therefore, now known or herein after known, to me, for any and all liability arising as a consequence of any and all personal injury, disability, property damage, and/or death caused by or associated with the purchase or use of the cylinder, on behalf of myself and my heirs, and whether arising out of the negligence of Releasees or otherwise. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge Releasees from any and all liability under any such claims.
I expressly agree to defend (at Diventures sole discretion), indemnify and hold harmless Releasees, against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing insurance providers, arising out of or resulting from any claim, including third party claims, for any personal injury, disability, property damage and/or death to myself or to others as a consequence of the my purchase or use of the cylinder, including any claim related to my own negligence or the negligence of Releasees.
I understand the purpose of signing this Release is to give up all my rights to sue, and that I am agreeing to release, forever discharge, and hold harmless Releasees, and that this document constitutes a legally binding contract. This Release constitutes the sole and entire agreement of Releasee and me with respect to the purchase and/or use of cylinders detailed herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral with respect to the foregoing. This document is to be interpreted as broadly as possible, rather than narrowly construed, in the event of a legal dispute. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision in any other jurisdiction. All matters arising out of or related to this Release shall be governed by and construed in accordance with the internal laws of the State in which the Releasee offering cylinder purchase or filling is located without effect to any choice of law provision or rule, and that State shall be the exclusive jurisdiction and venue of any legal action.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND AGREE TO THE TERMS AND CONDITIONS HEREINABOVE SET FORTH AND UNDERSTAND THIS RELEASE IS BINDING ON AND SHALL INURE TO THE BENEFIT OF RELEASEES AND ME, ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVE, AND EACH PARTY’S RESPECTIVE SUCCESSORS AND ASSIGNS. I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THIS DOCUMENT PRIOR TO SIGNING SAME.
This Release is effective as of the date of my signature.
Today's date: March 29, 2023