This is a legally binding contract which is intended to provide a comprehensive release of liability and express assumption of risk but is not intended to assert any claims or defenses which are prohibited by law. The specific rights of the parties may vary from state to state.
I hereby affirm that I have been advised and thoroughly informed of the inherent hazards of skin diving and scuba diving, and the particular hazards of scuba diving with oxygen enriched air.
I understand that diving with oxygen enriched air (Enriched Air, Nitrox), involves certain inherent risks of oxygen toxicity and/or improper mixtures of breathing gas. Also, I understand the usual inherent risks of scuba diving; including but not limited to decompression sickness, air embolism, drowning, or other injuries; may occur that require treatment in a recompression chamber. I understand that the open water diving trips, which are necessary for training and certification, or for my own recreation may be conducted at a site that is remote, either by time or distance or both, from such recompression chamber. I still choose to proceed with such instructional or recreational dives in spite of the possible absence of a recompression chamber in proximity to the dive site.
I hereby release from any legal liability Flamingo Enterprises N.V., Flamingo Dos N.V., Divi Flamingo Beach Resort, Divi Resorts Inc., its owners, officers, directors, employees, agents, my instructor(s), all recognized training associations or companies, and their owners, officers, directors, employees, agents or assigns, and any other manufacturers and distributors of the NTI Nitrox generation system (hereinafter the ‘Released Parties’) from any and all liability for damage and injury or death to myself or to any persons or property resulting from the selection, installation, maintenance, adjustment or use of this equipment and/or the oxygen enriched air it produces, and of any claim based upon negligence, breach of warranty, contract or any other legal theory, accepting myself the full responsibility for such damage, injury or death which may result from using oxygen enriched air.
On behalf of myself and my heirs, executors, administrators or assigns I hereby release, waive, discharge and relinquish any action or causes of action, which may arise for my heirs, executors, administrators and for my estate and agree that under no circumstance will I or my heirs, executors, administrators or assigns prosecute or present any claim for personal injury, property of any said persons, or otherwise. IT IS MY INTENTION, BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE, BREACH OR WARRANTY OR CONTRACT.
On behalf of my heirs, executors, administrators or assigns I agree that in event any claim for personal injury, property damage or wrongful death shall be prosecuted by or on my behalf against the Release Parties, I or my estate shall indemnify and hold harmless the same from any and all claims or causes of action by whomever or wherever made or presented from personal injuries, property damage or wrongful death.
I affirm that I have completed training from a recognized enriched training organization and have presented a certification card as evidence of successful completion of said training.
I affirm that I personally analyzed the oxygen enriched air in the scuba cylinder(s) obtained on this date and that I understand such enriched air may be used to the maximum DEPTH that I have indicated below. I also affirm that I have analyzed the cylinder pressure and have indicated such pressure in the appropriate space below.
I hereby agree to accept the terms and conditions of this contract. This document constitutes the final and entire agreement between the Released Parties and the undersigned. The Released Parties provide NO WARRANTIES, express or implied and this product is accepted ‘AS IS’.
I am of lawful age and legally competent to sign this release or I have acquired written consent of my parent or guardian.
Please read carefully and initial each statement before signing for your tank
I will attend the briefing about the safe use of NITROX, O2 TOXICITY, and the possibility of DCS with NITROX
I will test and analyze my NITROX TANK and agree that the oxygen % is as stated below
I will plan my dive for a safe depth and time based on my selected USE OF TABLES AND/OR COMPUTERS
Today's Date: September 22, 2023