RELEASE OF LIABILITY OF GOPRO CAYMAN LTD TRAINING AS GOPRO DIVING / SEASPORTS AND ITS EMPLOYEES FOR DIVING AND SNORKELING
Please read carefully and fill in all blanks before signing.
I, hereby affirm that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death. I understand that diving with compressed air involves certain inherent risks, including but not limited to decomposition sickness, air embolism, or other hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand that open water diving trips, which are necessary for training and for certification may be conducted at a site that is remote, either by time or distance or both from such a recompression chamber. I still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site
I understand and agree that neither my instructor(s) GOPRO CAYMAN LTD TRAINING AS GOPRO DIVING / SEASPORTS AND ITS staff, the facility through which I receive my instruction, GOPRO CAYMAN LTD TRAINING AS GOPRO DIVING / SEASPORTS, nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this diving program or as a result of the negligence of any party. Including the Released Parties, whether passive or active.
In consideration of being allowed to participate in this course and/or snorkeling or scuba dive. hereinafter referred to as "program", I hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me while I am a participant in this program including, but not immitted to the academics, confined water and/or open water activities.
I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program, including but not limited to claims arising during the program or after I receive my certification.
I thoroughly understand that scuba diving is a sport that necessitates that I be in good health currently without any physical ailments/disabilities or abnormalities - specifically, 1) Asthma, 2) Bronchitis, 3) any Respiratory ailments/disabilities, 4) Epilepsy, 5) most Medications, 6) recent Surgery. I also understand that having any of the aforementioned conditions constitutes a reason not to scuba dive. I also understand that these factors/conditions can lead to lung overexpansion injuries, even when all diving functions are performed 100% correctly. I also understand that any diving injury necessitates immediate, expensive emergency treatment and agree that such treatment, "required, would be at my own expense. My signature below indicates that I understand the above and that factors conditions 1-6 above do NOT apply to me.
I also understand that skin diving and scuba diving are physically strenuous activities and that I will be exerting myself during this program, and that, if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
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 of 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: 1 further 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 un-enforceable 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, or 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 stopped from claiming otherwise because of my representations to the Released Parties.
I hereby agree to submit to the exclusive jurisdiction of the courts of the Cayman Islands in relation to any dispute or claim which may arise between myself GOPRO CAYMAN LTD TRAINING AS GOPRO DIVING / SEASPORTS AND ITS EMPLOYEES and further agree that the laws of the Cayman courts shall be the exclusive governing laws. I acknowledge that I have read this document and completed the medical questionnaire, if required, accurately and am fully aware of the potential dangers incidental to engaging in the activity of scuba diving and/or snorkeling and am aware of the consequences of signing this document. For the purposes of this document, words of the male gender shall include the female gender and shall also include the guardian of the person, if applicable.
I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, GOPRO CAYMAN LTD TRAINING AS GOPRO DIVING / SEASPORTS AND ITS STAFF. THE FACILITY THROUGH WHICH I RECEIVE MY INSTRUCTION, GOPRO CAYMAN LTD TRADEING AS GOPRO DIVING / SEASPORTS AND PADI AMERICAS, INC. AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS