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Pool Waiver

 

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 December 10, 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, DiVentures Arizona, LLC, DiVentures Marietta, LLC, DiVentures Memphis, LLC, DiVentures Little Rock, LLC, and DiVentures Virginia, 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. 

Swimmers Using Aquatic Facilities

ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT

This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing.

THERE IS NO LIFEGUARD ON DUTY – SWIM AT YOUR OWN RISK! 

Participating in Activities such as swimming, snorkeling, mermaiding and freediving at an aquatic facility including getting in and out of water and on wet surfaces without a lifeguard has inherent risks. While participating in unsupervised swimming, swimming laps and snorkeling, (hereafter called “Activities”) I may be exposed to an unlimited number of risks which may cause serious personal illness, injury or death. In consideration of being allowed to participate in unsupervised Activities I assume all risks associated with all unsupervised Activities. Risk of injury or death including but not limited to drowning may occur as a result of participating in the Activities. Other risks may be encountered due to improper, insufficient, inoperable, or inadequate equipment. Additionally, I may be exposed to risks associated with human factors such as my ability to swim or keep my head above the surface, preexisting or poor medical and fitness conditions, and the possible action or inaction of others that may cause me injury or death. These risks are some but not an all-inclusive list of all risks I may be exposed to while participating in the Activities. I will be solely responsible for my health, safety, and actions at all times while participating in Activities. I will follow safe practices, maintain awareness and use good judgment set forth in the applicable SSI Responsible Code to reduce the risks, however, I know the risk of property loss, illness, injury and or death cannot be eliminated. By signing this Agreement, I hereby agree to assume all risks associated with unsupervised Activities, including the risk of injury and death, whether foreseen or unforeseen.

By signing this Agreement, I am giving up the legal right to sue the aquatic facility, its owners, officers and directors, employees, agents, operators, volunteers, instructors, counselors, or its insurance company, land owners, third parties or anyone else specifically named or unnamed (hereafter called “Released Parties”) as a result of my or anyone else’s injury or death as a result of unsupervised Activities. I understand that the Released Parties are under no obligation to provide instructions, rescue, first aid, medical care, emergency transportation, or recovery of the participant. In consideration of being allowed to participate in Activities at the aforementioned aquatic facility, I hereby agree to give up my right to sue and I hereby release the aforementioned Released Parties from any liability in connection with the Activities which may result in injury or death, including but not limited to property damage, illness, injury, or death caused to me or any others due to negligence caused by someone doing something they should not have done or caused by someone not doing something they should have or any other cause including negligence caused by the Released Parties which may have caused property damage, illness, injury or death. I hereby give up these legal rights on behalf of myself, my estate, my family, heirs, assigns or any other party that may have a legal claim against the Released Parties.

By signing this document, I hereby waive all claims arising by me, my family, heirs, assigns or any other party who may have a claim against the Released Parties as a result of my participation in the Activities. Furthermore, I agree to indemnify the Released Parties from any responsibility or liability for any loss, costs, attorneys’ fees, liabilities, damages, illness, injury or death arising from my participation in the Activities with the Released Parties. It is my specific contract, by signing this document, that I will not present a claim, cause of action, lawsuit or otherwise for any damage, illness, injury or death caused to me or any other party including minor children for whom I may have a legal right in connection with any activity associated with the Released Parties. In the event I violate this Agreement I agree to be held responsible and liable for all damages, expenses, fees and cost associated with Released Parties defending and or paying claims brought on my behalf. In the event I cause Released Parties damage or expense associated with my participation in the Activities, I agree to be responsible and liable for same and will agree to pay as if fully adjudicated by a competent legal court.

I understand and agree the SSI licenses training centers, professionals and their affiliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI, its parent, subsidiary, or affiliated corporations. I further understand 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, 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 and or supervision of Participants by SSI training centers, SSI professionals, their affiliated businesses, and/or their associated staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during the 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 associated with my participation in the Activities.

This Agreement is a legally binding contract. By signing it I am agreeing to all of its terms and conditions and representing that I have read and understand it thoroughly before signing it. I have signed this Agreement voluntarily and of my own free act. I agree to all of the terms, conditions and provisions of this Agreement without modification from its preprinted form. Furthermore, I agree that if any provision of this document is found to be void or unlawful, the remainder of the contract shall remain in full force and effect. By signing this document, I affirm that I have read, understand, and agree to be legally bound by all of the provisions of this Agreement.

If the swim participant is under the age of 18, they must be accompanied by a parent or guardian to participate in the Activities. The parent or guardian must sign the SSI Youth Addendum and agree to be legally responsible for the minor participant, including being responsible for all damage, illness, injury or death which may occur as a result of the minor’s participation in the Activities. The parent or guardian hereby agrees to be fully responsible to the Released Parties for any damage, illness, injury or death caused by the minor, including actions brought by the minor, for any damages whatsoever.

Scuba Divers Using Aquatic Facilities

ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT

This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing

THERE IS NO LIFEGUARD ON DUTY – SCUBA DIVE AT YOUR OWN RISK!

Participating in unsupervised swimming activities such as a scuba diving in an aquatic facility is inherently dangerous. While participating in unsupervised scuba diving, snorkeling and swimming in the aquatic facility, (hereafter called “Activities”) I may be exposed to risks which may cause serious personal illness, injury or death. In consideration of being allowed to participate in unsupervised Activities I expressly assume all risks associated with the Activities. Risk of illness, injury or death may arise due to improper, insufficient, inoperable, or inadequate equipment among other things. I will be solely responsible for my health, safety, and actions at all times while participating in Activities. I will follow safe practices, maintain awareness and use good judgment set forth in the applicable SSI Responsible Code to reduce the risks, however, I know the risk of property loss, illness, injury and or death cannot be eliminated. I represent that I am a certified and competent scuba diver and swimmer. I am solely responsible to verify the function and adequacy of the equipment I use and to monitor my gas supply throughout my Activities. At no time will I attempt a skill or act that I am not certified to perform. At no time will I instruct others in scuba diving or allow non-certified divers to use my scuba equipment. In the event I choose to dive without a partner I understand and accept the increased risk and danger of solo diving. I understand the Activities will expose me to inherent risks including but not limited to; panic, drowning, decompression illness, overexpansion injuries, pressure related injuries, breathing gas toxicities, equipment failure, and dangerous acts of others. I UNDERSTAND THERE ARE RISKS OF PROPERTY LOSS, ILLNESS, INJURY AND DEATH EVEN WHEN DIVING IN THE SHALLOW DEPTHS OF AN AQUATIC FACILITY. I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER CREATED OR NOT BY THE RELEASED PARTIES OR NOT.

By signing this Agreement I am giving up the legal right to sue the aquatic facility its owners, officers and directors, employees, agents, operators, volunteers, instructors, counselors, or its insurance company, land owners, third parties or anyone else specifically named or unnamed (hereafter called “Released Parties”) as a result of my or anyone else’s injury or death as a result of my participation in the Activities. In consideration of being allowed to participate in Activities in the aforementioned aquatic facility, I hereby agree to give up my right to sue and I hereby release the Released Parties from any liability in connection with the Activities, including but not limited to property damage, illness, injury, or death caused to me or any others due to negligence caused by someone doing something they should not have done or caused by someone not doing something they should have or any other cause including negligence on the part of the Released Parties. I hereby give up these legal rights on behalf of myself, my estate, my family, heirs, assigns or any other party that may have a legal claim against the Released Parties.

By signing this document, I hereby waive all claims and legal rights of mine, my family, heirs, assigns or any other party who may have a claim against the Released Parties as a result of my participation in the Activities. Furthermore, I agree to indemnify the Released Parties from any responsibility or liability for any loss, costs, attorneys’ fees, liabilities, damages, illness, injury or death arising from my participation in the Activities. It is my specific intent, by signing this document, that I will not present a claim, cause of action, lawsuit or otherwise for any damage, illness, injury or death caused to me or any other party including minor children for whom I may have a legal right in connection with any Activity associated with the Released Parties. In the event I violate this Agreement I agree to be held responsible and liable for all damages, expenses, fees and costs associated with the Released Parties defending and or paying claims brought on my behalf. In the event I cause the Released Parties damage or expense associated with my participation in the Activities, I agree on behalf of myself, my heirs and my estate to be responsible and liable for same and will agree to pay as if fully adjudicated by a competent legal court.

I understand and agree the SSI licenses training centers, professionals and their affiliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI, its parent, subsidiary, or affiliated corporations. I further understand 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, 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 and or supervision of Participants by SSI training centers, SSI professionals, their affiliated businesses, and/or their associated staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during the 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 associated with my participation in the Activities.

This Agreement is a legally binding contract. By signing it I am agreeing to all of its terms and conditions and representing that I have read and understand it thoroughly before signing it. I have signed this Agreement voluntarily and of my own free act. I agree to all of the terms, conditions and provisions of this contract without modification from its preprinted form. Furthermore, I agree that if any provision of this document is found to be void or unlawful that the remainder of the Agreement shall remain in full force and effect. By signing this document, I affirm that I have read, understand, and agree to be legally bound by all of the provisions of this Agreement.

Youth under age 18 (minors) are not permitted to scuba diving in the aquatic facility without being under the direct supervision of a certified and insured scuba professional. The parent or guardian must sign the SSI Youth Addendum and agree to be legally responsible for the minor participant, including being responsible for all damage, illness, injury or death which may occur as a result of the minor’s participation in the Activities. The parent or guardian hereby agrees to be fully responsible to the Released Parties for any damage, illness, injury or death caused by the minor, including actions brought by the minor, for any damages whatsoever.

Today's date: December 10, 2022


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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

Email*

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

Emergency Contact's Name*

Emergency Contact's Phone Number*
Location
Select Your Diventures Facility*
Photo Release

I hereby authorize Diventures to publish photographs taken of me and/or the undersigned minor children, and/or names, for use in Diventures' marketing material, social media and website. I release Diventures from any expectation of confidentiality for the undersigned minor children and myself. I attest that I am the parent or legal guardian of the children listed below and that I have the authority to authorize Diventures to use their photographs and names.

I acknowledge that this photo participation is voluntary, and neither the minor children nor I will receive financial compensation. I further agree that our participation in any marketing piece produced by Diventures confers no rights of ownership whatsoever. I release Diventures, its contractors and its employees from liability for any claims by me or any third party in connection with my participation or the participation of the undersigned minor children.

YOUTH ADDENDUM – INCORPORATED AS AN ADDENDUM TO THE ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT (Form not to be used within the European Union and various other countries depending on local laws/regulations - The Training Center and the Professionals are responsible to know and adhere to laws/local regulations) NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM AND THE ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT. THIS YOUTH ADDENDUM TO THE ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT IS VALID FOR ONE YEAR FROM THE DATE OF SIGNATURE.

Additionally, as the parent/guardian of the above named participant, I have read this document in its entirety prior to affixing my signature hereto. I have represented to Releasees that I have authority to sign this document on behalf of my minor child (the participant), myself and the other parent/guardian of said child. I agree, on behalf of myself, the other parent/guardian, and my minor child to be bound to all the terms and conditions of this Agreement. I understand all terms of this document, understand that I have given up and will continue to give up substantial rights by signing it, am aware of the document’s legal consequences, and have signed this document freely, voluntarily, and without any inducement, assurance or guarantee being made to me. I intend my signature to be a complete and unconditional release of all liability on behalf of myself, the other parent, and the participant to the greatest extent allowed by law and further agree to indemnify and hold harmless the above named Releasees from any and all liability and causes of action arising from the activities and actions described herein. I understand the risks of injury while swimming, scuba diving and/or snorkeling, and have had the opportunity to personally witness and fully discuss the activities or instructional program with a staff member prior to commencement of my minor child’s swimming, scuba diving and/or snorkeling activities.



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*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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