| I understand and agree that ANCHORS AWAY SCUBA, and its employees, owners, officers, contractors, assigns or agents (hereinafter referred to as “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 hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor. I hereby acknowledge that as a certified diver or student under the supervision of a certified scuba instructor I will not provide any of this equipment to a non-certified diver. I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly. I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. I agree to reimburse the Dive Center/Resort 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 cleaned. I agree and understand that returning any or all of the equipment past the agreed upon date I will charged a full gear rental fee as a late fee per day the equipment is not returned and if I fail to return any or all of said gear that my credit card on file will be charged the full retail price of the gear. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent or my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree 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 understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, and beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties. Lessee further acknowledges that he has had proper instruction in the use of the equipment leased and is properly qualified to use said equipment and agrees to assume complete and sole responsibility for said use and forever hold lessor free and harmless for anything occurring as a result of said use. The undersigned further agrees to accept full responsibility for any injury either to themselves or to any other person and or for any damage to the property of themselves or other persons that may result through the use or misuse of the leased equipment, or in any manner whatsoever, from the time equipment leaves lessor's premises until it is returned thereto. Lessee further agrees that said equipment will not leased to no other person other than the undersigned lessee may use said equipment without first obtaining lessor's prior consent in writing. Lessee further agrees to keep said equipment from all encumbrances and for failure to do so or for default of any of the terms and conditions hereof, lessor may take immediate possession of said equipment whenever said equipment may be found, without being liable for trespass, and that such repossession shall not relive lessee of his liabilities under this agreement. Lessee acknowledges that they have read the terms of this agreement and fully understands and consents to all of the provisions thereof. Lessee agrees that in the event any legal action is instituted against lessee under this agreement by lessor, they will pay reasonable attorney's fees and costs incurred in such action. BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES 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 RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.