CONTINUING WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY, AND EMERGENCY CARE PERMISSION
PLEASE READ CAREFULLY BEFORE SIGNING BECAUSE THIS IS A CONTINUING RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. IT ALSO GRANTS CONTINUING PERMISSION FOR EMERGENCY CARE.
In consideration of permitting me, (participant), to enroll in a swim, snorkeling, or scuba diving instructional course and/or participate in Swimming, Snorkeling, Scuba Diving, Swim Parties, Physical Activities, and Related Operations (hereafter known as “Water Activities”) conducted by DiVentures Holdings, LLC or any DiVentures Subsidiaries (as defined below), beginning on August 14, 2022, I agree for myself, my personal representatives, heirs and next of kin:
I hereby acknowledge that Water Activities are potentially dangerous activities and involve the inherent risk of serious injury (including paralysis), death and/or property damage both in and under the water as well as on the pool deck itself.
I hereby release, waive, discharge and agree not to sue 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, and DiVentures Arizona, LLC (collectively, “DiVentures Subsidiaries”) and their respective facilities, staff, officers, instructors, agents or employees (collectively, the “Releasees”) from all liability to myself, my minor child(ren), my personal representatives, signs, heirs and next of kin for any and all loss or damage and any claim or demands therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation and/or instruction in said course, activities or any other related Water Activities that may occur.
I hereby assume full responsibility for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said course, Water Activities, or any other swimming/snorkeling operations conducted by DiVentures Holdings, LLC or any DiVentures Subsidiaries.
I hereby acknowledge that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the 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.
I hereby assume full responsibility for determining the need for and providing an interpreter for a language other than English within the facility.
I acknowledge that it is my responsibility to provide for my own and/or my child(ren)’s own accident and health coverage while participating in Water Activities.
In the event I cannot be reached and/or am incapacitated or otherwise able to give consent, I give permission for emergency medical, surgical and hospital treatment and procedures to be performed by a licensed physician or hospital, when deemed immediately necessary to safeguard my/my child(ren)’s health. I relieve Releasees of any and all responsibility for action(s) taken by the doctor(s), hospitals, or other medical care providers in the treatment and attendance of me or my child.
I agree that this waiver, release of liability, assumption of the risk, and consent for emergency medical, surgical and hospital treatment shall be continuing and effective for all Water Activities conducted by or on behalf of the above named Releasees for a period of time beginning with the execution of this document and terminating at 11:59 P.M., CST, on the 365th day after the date on which this document was signed.
By registering in MySSI, you are consenting to share your personal data: Name (First and Last), Address (Postbox), Postcode (Zip), City, State, Country, Email Address, Telephone Numbers (optional), Date of Birth, Photo, Language, Gender, SSI Master ID, Course Type, Course Progress and Certification Information (Name, SSI Training Center, Certifying Instructor, Year You Started Diving, Level of Experience, Number of Dives and Issue Date), plus your Training Center Affiliation.
By giving your consent, SSI Training Centers may subsequently access your personal data described above in order to identify you, verify or confirm the status of your training and certifications and to offer you continued training and services based on your diving experience.
SSI Snorkel Diver, Try Freediving, and Try Mermaid Responsible Diver Code
I agree to be responsible and to comply with the following SSI Snorkel Diver, Try Freediving, and Try Mermaid Responsible Diver Code during
all diving activities:
1. I am responsible for my own safety and well-being during all Snorkel, Freedive, and Mermaid sessions, including but not limited to; equalizing my air spaces, not overstaying my breath-hold ability, maintaining proper buoyancy, and never swim into or under something that would prevent me from ascending directly to the surface.
2. I am responsible for being physically, medically, and mentally fit to participate all Snorkel, Freedive, and Mermaid sessions; and I will not hold others responsible or liable for any injury, illness, or death caused by my failure to disclose a known medical condition.
3. I am responsible for immediately notifying my dive leader if I am not comfortable or I have a problem.
4. I will follow all safety instructions provided by my dive leader and will remain with my dive leader throughout the session; however, if I become separated and cannot locate my dive leader, I will exit the water.
5. I understand Snorkel, Freedive, and Mermaid training does not guarantee my safety and that accidents happen even when proper procedures are followed.
6. In the event that I do not feel comfortable, capable, or willing to fulfill these Responsibilities then I will not dive.
I understand the importance of being a responsible diver and I pledge to abide by the SSI Snorkel Diver, Try Freediving, and Try Mermaid Responsible Diver Code. I understand failure to abide by the Responsible Diver Code will jeopardize my safety and well-being.
I explicitly agree to accept full responsibility for failing to disclose any past or current health condition that affects my safety while diving.
SSI Snorkel Diver, Try Freediving, and Try Mermaid Assumption of Risk, Liability Release & Hold Harmless Agreement
This form is used for SSI Introductory Breath-Hold Programs including Snorkel Diver, Try Freediving and Try Mermaid programs. This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing. Warning – Breath-Hold Diving involves swimming underwater while holding your breath, which is inherently dangerous and may cause serious injury, illness or death.
Snorkeling/Freediving/Mermaiding/Breath-Hold Diving - any diving activity where the participant holds their breath, including dry land breath-holds, surface breath- holds, and/or in-water breath holds, which may include the use of equipment like mask, fins, or snorkels, as well as specialized freediving/ breath-hold equipment like monofins and nose-plugs to achieve longer breath-holds durations, deeper depths and longer distances.
In consideration of being allowed to participate in an SSI Introductory Breath-Hold Program, I, (participant) expressly agree to be bound by this Agreement and comply with the Responsible Diver Code described below. I understand this Agreement is between me, my family, estate, heirs, and/or anyone who may have a claim on my behalf, and (training center), including all instructors, facilities, boats, and dive sites; in addition to Scuba Schools International (“SSI”), and all respective owners, officers, employees, representatives, volunteers, agents, contractors, and any others on their behalves, whether specifically named or not (herein referred to as “Released Parties”).
I voluntarily assume all risks of injury, illness and death, caused by Snorkeling, Freediving, Mermaiding and all related activities, whether foreseeable or not, including but not limited to risks associated with: swimming, entering and exiting the water, falling on, struck by or abandoned by a boat, separation or lost underwater, holding my breath, becoming unconscious, pre-existing health conditions, heart failure, over-exertion, panic, drowning, pressure related injuries, decompression illness, environmental and marine life injuries, unknown causes, equipment malfunctions, improper dive planning, or improper action of other divers or support personnel (including failure to rescue, recover, resuscitate, or provide emergency assistance).
I agree to waive, release, not sue, discharge, save, indemnify, and hold harmless the Released Parties of all claims, demands, causes of action, lawsuits and damages by me, my estate, family (including my minor children), heirs, or others who may have a claim for my injury, illness or death as a result of any act or failure to act, including negligence by the Released Parties, associated with my training and all related activities. I agree that it is my responsibility to inform my family and all those who may have legal rights on my behalf that I have entered into this Agreement and it is my intent that they be bound by this Agreement. I agree that me or my estate shall be fully liable (pay for) for the cost to the Released Parties for any claim brought on my behalf arising as a consequence of my participation in Snorkeling, Freediving, and Mermaiding and all related activities.
I understand SSI licenses SSI Training Centers, SSI Professionals, and their affiliates to use various SSI trademarks and to conduct SSI training, but I agree they are not agents, employees, or franchisees of SSI, its parent, subsidiary, or affiliated corporations. I further understand that SSI Training Centers, SSI Professionals, and their affiliates’ businesses are independent, and are neither owned, operated, or controlled by SSI, and that while SSI establishes standards and materials for SSI training programs, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training programs and/or supervision of divers by SSI Training Centers, SSI Professionals, their affiliated businesses, and/or their associates’ staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during dive activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI Training Center, SSI Professionals, and other affiliated businesses or personnel associates with my dive activities.
I have read this Agreement and the SSI Snorkel Diver, Try Freediving, and Try Mermaid Fit To Dive Screening and Responsible Diver Code. I expressly understand my responsibilities and that I am giving up legal rights by signing this Agreement. I understand this is a legal contract and I am voluntarily signing it without inducement or duress. I understand this is an unconditional and complete release of all liability to the greatest extent allowed by law. If any portion of this Agreement is found to be legally unenforceable, that portion shall be severed, and the remainder shall have full legal force. `I agree to be bound by this Agreement without modification of the preprinted text.
I am over 18 years of age and legally competent to engage in this Agreement, or I have acquired the written consent of my parent or guardian by completing the SSI Youth Addendum form.
Today's date: August 14, 2022