The use of SCUBA equipment (“Equipment”) can be extremely hazardous. Proper training in the use of the Equipment and a thorough knowledge of how the Equipment operates can reduce the hazards. Whalefall, along with its affiliates, Immerse Gear LLC, and dba GIVES Research Lab, (together herein "Whalefall”) provides only quality rental Equipment. Whalefall warrants that the Equipment being rented is in good operating condition at the time of rental. However, due to the nature of the mechanics of all SCUBA equipment, it is highly subject to damage and or change in adjustment during transportation and / or misuse. For that reason, Whalefall cannot accept any responsibility for the condition or operation of the Equipment once it has been inspected and accepted by the renter. As the renter of this Equipment, YOU agree that: 1. I am a certified diver and that the proof of certification I am presenting is my own OR I am training with Whalefall to attain a specific certification and I am renting the SCUBA equipment strictly for that purpose. 2. I take full responsibility for all the Equipment rented to me from Whalefall and will not allow it to be used by any other person. 3. I have been trained in how SCUBA Equipment operates and possess the ability to both operate and determine if the Equipment is operating properly. 4. Whalefall has no way of determining the level of ability, or the extent of Equipment knowledge of the individual renter. And as the renter I accept full responsibility for my actions and the use of the Equipment. 5. I will return the Equipment fresh water rinsed and free of debris. Whalefall at all times maintains quality Equipment and rewashes and sanitizes the Equipment as appropriate. If for any reason there is any loss of or damage to the Equipment, other than normal wear, while in my possession, I will reimburse in full the entire value or cost of repair of the items as solely determined by Whalefall. I, hereby release Whalefall, it’s employees and representatives, from all claims, demands, actions, or causes of action, by reason of any injury, incident or otherwise, arising out of, or allegedly as a result of, use of the equipment, whether in use with or without Whalefall or in conjunction with any specific event. I also agree to return the Equipment as may be additionally specifically provided and agreed to in our expedition or event agreement and/or documentation. It is the renter’s sole responsibility to return all Equipment, timely, in the same condition as provided by Whalefall. If returned later than agreed, or in deteriorated condition, I understand that I will be charged for additional day(s) rental and the cost of replacement or repair if reasonable, at the sole discretion of Whalefall. I, the renter, have read all the above statements and agree to these terms and conditions. RENTER! DO NOT SIGN UNTIL YOU HAVE READ THE AGREEMENT COMPLETELY AND FULLY UNDERSTAND AND AGREE WITH ITS CONTENT.
|