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DIVE GEORGIA CLASS WAIVER

This document is several documents in one, to help simplify your paperwork process and streamline our verification side.

PLEASE read and agree to all sections. They are all clearly defined and highlighted to show the start of the new section.

The sections are as follows: Dive Georgia Class Policies, Learning Agreemnt, Rental Agreement, Kraken Springs Student Waiver & Safe Diving Practices

 

Section 1

Cancellation Policy

We request that you cancel 30 days or more before your scheduled class date. We will credit your payment toward a future class. You may call us at 404-285-8600, during our normal business hours. 

We do not issue course refunds.

Cancellation less than 30 days before your class date will forfeit any payments you have made.

Section 2

Learning Agreement with Dive Georgia

Welcome to your PADI course. We’re confident that you will find your dive training both fun and rewarding.

To learn and practice important concepts and skills for using life-support equipment underwater, you must invest the time needed to do it.

This learning agreement is between you (the student diver) and our instructional staff regarding our mutual responsibilities in this program.

Student Diver Responsibilities

I agree to study independently as specified by the store and instructor. In general, this means that before each practical session.

I Agree
 

Complete the assigned knowledge development portion of the course.

I Agree
 

Complete the assigned PADI eLearning/Touch, including but not limited to watching videos, completing ALL sections.

I Agree
 

Complete the assigned Knowledge Review(s). 

I Agree
 

Complete all quizzes and the Final Exam (as assigned).

I Agree
 

Complete any physical book work or preparation(s) - including but not limited to homework, presentations, slates and preparations. (Primarily for TEC and Professional Courses).

I Agree
 

Print the online completion certificate and bring to the first day of my class.

I Agree
 

I agree to follow all course procedures as set forth by my instructor.

I Agree
 

Ask questions about anything not understood.

I Agree

Be on time and be prepared for each practical session.

I Agree

Complete ALL Paperwork sent through PADI at least 72 hours prior to course!

I Agree

Purchase my own personal mask, fins, boots and snorkel for Open Water Scuba Course

I Agree

Purchase my own personal dive computer for Open Water Scuba Course. I must learn how to use my computer before my course and understand that my instructor cannot assist with my computer during class time. I further understand that it is my personal responsible to know how to read, use, and understand my dive computer.

I Agree

Purchase my own personal wetsuit prior to my confined water (pool portion) of my Open Water Scuba Course. If I am sent away from a practical session, due to being cold (hyperthermic signs), by my instructor; I am FULLY AWARE that I am responsible for any rescheduling fees, time, and other expenses (or loss of travel, dives, etc). It is my obligation to purchase personal environmental protection and I am responsible for all financial and other consequences of NOT owning my personal gear.

I Agree

If signing up for classes other than Open Water Scuba Diver, I acknowledge that I own ALL OF MY PERSONAL GEAR (Mask, Fins, Snorkel, Boots, Wetsuit(s), and Dive Computer) and they are all fully serviced, operational, and fit properly. I also acknowledge that I own my own SCUBA (BCD and Regulator) and they are fully serviced, operational and the BCD fits) OR understand that I will be charged rental for these items for the day(s) of the course(s).

Personal items listed above will only be provided in Discover Scuba course(s). Any gear necessary for specialty classes, that I do NOT PERSONALLY OWN, must be purchased in advance of the course.

I Agree

If I do not follow all points listed above, I understand that I may need to reschedule practical sessions, and that I’m responsible for any additional costs and time required due to my lack of preparation.

In scheduling and determining additional costs, Dive Georgia, LLC agrees to give every reasonable consideration to unforeseen events, such as family emergencies. However, we only have limited seats in each course and failure to notify us promptly, causes a lost opportunity for us and another potential diver.

Instructor/Staff Responsibilities

The course instructor and staff agree and you understand that we will do the following to the best of our abilities:

- Start the class on time as scheduled

- Provide a positive learning environment

- Answer your questions to the best of our ability

- Assist you through any course challenges

- Provide opportunities for you to comfortably master course-performance objectives

The course fee is based on an average student, and includes all knowledge development assessments, confined water dives, and open water dives (if you paid to complete open water portion with Dive Georgia, LLC). Because people learn skills at different rates, the course is student-centered and performance-based, not time-based. Additional sessions may be needed for you to comfortably meet course objectives for certification. If additional sessions are needed for you to personally meet the objectives for certification, you acknowledge you will incur additional expenses and time for the additional sessions.

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. Course fees and additional session fees are based on need. Students understand that we cannot guarantee student success in any course. 

Section 3

Use of Dive Georgia Rental and Student Gear

Customer Verification Of Condition

I ACKNOWLEDGE that I have or will personally inspect, test, and verify functionality of rental equipment in store (or at Kraken Springs) and that all equipment I receive is fully functional, and free of damage to my satisfaction. I furthermore will verify functionality of any equipment each and every use and only use such equipment if it is fully functional. In the event such equipment is found to not be fully functional during inspection before each use, I will stop using such equipment immediately, and bring such equipment to Dive Georgia for inspection, replacement, or repairs.

General Equipment Rental Release

I ACKNOWLEDGE this is a release of my rights to sue. I 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.

THIS AGREEMENT is entered into between Dive Georgia and the individual signed below, hereinafter "CUSTOMER", for the rental of scuba, cylinder, skin diving equipment, and/or any other equipment provided by Dive Georgia for use.

THIS AGREEMENT is a release of the CUSTOMER'S rights to sue for injuries or death resulting from use of the equipment. CUSTOMER expressly assumes all risks of skin and/or scuba diving related in any way to use of this equipment.

CUSTOMER also understands that Dive Georgia 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 CUSTOMER or his/her family, 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.

CUSTOMER agrees to personally inspect and verify function of their equipment before each and every use and only use such equipment if it is fully operational. In the event such equipment is not fully functional during inspection, I will stop using such equipment immediately, and bring such equipment to Dive Georgia.

CUSTOMER agrees to reimburse the Dive Georgia for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned clean.

I have carefully read and understand this entire agreement. By signing this agreement, I exempt and release Dive Georgia and all related entities as defined above, from all liability or responsibility whatsoever for personal injury, property damage, or wrongful death as a result of using the equipment, however caused, including, but not limited to product liability or the negligence of the released parties whether passive or active.

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.

Maintain Oxygen Compatibility of Enriched Air Systems

I acknowledge that it is my responsibility to maintain any enriched air systems, such as an enriched air cylinder, in an Oxygen Clean condition and that I will, should I allow it to become contaminated, discontinue use for oxygen service and alert Dive Georgia so they may properly service the cylinder. Examples of contamination including putting air or non-oxygen compatible gas in an enriched air cylinder. I understand there may be a fee associated with servicing contaminated systems so they may be safely returned to use.

December 6, 2022

Section 4

Kraken Springs Release and Waiver

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 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 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 December 6, 2022. 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: December 6, 2022

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.

Section 5

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.
  • Recognize 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.






First Diver Name

First Name*

Last Name*

Phone*
First Diver Date of Birth*
I certify that I am 18 years of age or older
First Diver Signature*
Second Diver Name

First Name*

Last Name*
Second Diver Date of Birth*
Third Diver Name

First Name*

Last Name*
Third Diver Date of Birth*
Fourth Diver Name

First Name*

Last Name*
Fourth Diver Date of Birth*
Fifth Diver Name

First Name*

Last Name*
Fifth Diver Date of Birth*
Sixth Diver Name

First Name*

Last Name*
Sixth Diver Date of Birth*
Seventh Diver Name

First Name*

Last Name*
Seventh Diver Date of Birth*
Eighth Diver Name

First Name*

Last Name*
Eighth Diver Date of Birth*
Ninth Diver Name

First Name*

Last Name*
Ninth Diver Date of Birth*
Tenth Diver Name

First Name*

Last Name*
Tenth Diver Date of Birth*
Parent or Guardian's Email Address

Email*

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

Emergency Contact's 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 Date of Birth*
I certify that I am 18 years of age or older
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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