This agreement is entered into between Beneath the Bay Co Pty Ltd and I, (the undersigned), for the rental of scuba and/or skin-diving equipment. This agreement is a release of my rights and the rights of my heirs, assigns or beneficiaries to sue for injuries or death resulting from the rental and/or use of this equipment. I personally assume all risks of skin and/or scuba diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment. Non-Agency Disclosure and Acknowledgement Agreement I understand and agree that PADI Members (“Members”), including Beneath the Bay Co Pty Ltd and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of Beneath the Bay Co Pty Ltd and/or the Instructors and Divemasters associated with the activity. Liability Release and Assumption of Risk Agreement 1. Waiver of Liability I understand and agree that Beneath the Bay Co Pty Ltd and its employees, owners, officers, contractors, assigns, or agents (“Released Parties”) shall not be held liable for any injury, death, or damages to myself, my estate, heirs, or assigns arising from: - The rental or use of equipment
- Product defects
- Negligence of any party, including the Released Parties (whether passive or active)
2. Equipment Receipt & Certification I acknowledge receipt of the designated equipment. If used for scuba diving, I affirm that I am either: - A certified scuba diver, or
- A student diver under the supervision of a certified instructor
3. Inspection & Responsibility I affirm that: - I have inspected all equipment and found it in good working condition
- I am responsible for checking gas quality and quantity in scuba tanks
- I will not dive with malfunctioning equipment
- I will not hold the Released Parties liable for failure to inspect or for choosing to dive with faulty gear
4. Assumption of Risk I understand that skin diving and scuba diving are physically strenuous and may result in injury from: - Heart attack, panic, hyperventilation, drowning, or other causes
I expressly assume all such risks and release the Released Parties from liability. 5. Equipment Care & Fees I agree to: - Reimburse the Dive Center/Resort for loss or breakage at current replacement value
- Pay for transport-related damages
- Return equipment clean or pay a cleaning fee
6. Legal Competence & Severability I affirm that I am of lawful age and legally competent to sign this Agreement. I understand: - This is a binding legal contract
- If any provision is found invalid, it shall be severed without affecting the remainder
7. Waiver of Legal Rights I understand and agree that: - I waive my right to sue the Released Parties
- My heirs, assigns, and beneficiaries are also bound by this waiver
- I have the authority to make these representations
8. Final Acknowledgment I, (the undersigned), hereby exempt and release the Released Parties from all liability for personal injury, property damage, or wrongful death resulting from equipment rental or use, however caused. I have fully informed myself and my heirs of the contents of this agreement before signing. Today's Date: October 26, 2025 |