PRIVACY STATEMENT

The Dive Academy (“we,” “our,” or “us”) is committed to protecting your privacy. By completing and signing this digital waiver, you consent to the collection, use, and storage of your personal information in accordance with this statement and applicable privacy laws.

We collect personal information through this form to verify your identity, manage risk, comply with insurance and legal requirements, and maintain internal records related to your participation in our services or activities. This may include your name, contact details, date of birth, signature, emergency contact information, and any other details relevant to risk or liability.

This information is collected and stored through Smartwaiver, a third-party service provider. Smartwaiver stores data on secure, encrypted servers located in the United States. As such, your information may be subject to U.S. laws, including lawful access requests by U.S. government authorities. By signing this waiver, you acknowledge and consent to this cross-border data transfer.

Your personal information will only be accessed by authorized staff who require it for the purposes outlined above. We do not share your information with third parties except where required by law, or with your explicit consent. We retain your information only as long as necessary for these purposes, and as required by applicable laws or insurance regulations.

We take reasonable steps to protect your personal information from unauthorized access, disclosure, or misuse. If you have questions about how we handle your personal data, or if you wish to access, correct, or request deletion of your information, please contact us at info@thediveacademy.ca.


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The Dive Academy Waiver for

All Participants


The Dive Academy Inc.

1380 Speers Road, Unit 10, Oakville, ON L6L 5V3



Review The Dive Academy Privacy Policy

LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

PLEASE READ CAREFULLY! I, the undersigned, hereby affirm that I am aware that any activities I partake in through The Dive Academy include inherent risks which may result in serious bodily injury or death.

In consideration of the Dive Academy permitting me to use its facilities and/or participate in any scuba training, dive-related activities, or excursions (“the Activities”), I agree to be bound by this Agreement and personally assume all risks, whether foreseen or unforeseen, that may befall me while I am a participant of the Activities. I understand that this Agreement is between The Dive Academy and myself, my family, my estate heirs and/or anyone who may have a claim on my behalf.

ASSUMPTION OF RISKS I understand and agree that I am responsible for my own safety and well-being during my participation in all Activities with The Dive Academy. I further acknowledge that I am physically, mentally and medically fit to participate in the Activities. I am solely responsible for the equipment I use during my participation in the Activities, and any necessary configuration, assembly, or pre-dive inspection. I will not dive in conditions or at times that are not within my abilities, training, and comfort level, and agree to immediately notify my dive leader if I am injured or do not feel well. I will not hold The Dive Academy, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees") responsible for failure to protect my wellbeing, ensure my proper use of equipment, or conduct my dive activities.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Releasees, on account of injury, death, or property damage arising out of or attributable to the Activities, due to any cause whatsoever, including without limitation the negligence of the Releasees, breach of contract, or breach of any statutory or other duty of care owing under occupiers’ liability legislation or otherwise. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE DIVE ACADEMY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.

I affirm that all personal information I have provided to The Dive Academy is truthful and accurate to the best of my knowledge and agree that I will not hold the Releasees responsible or liable for any injuries, illness, or death caused by my failure to a disclose a known medical condition.

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 agree that it is my responsibility to inform my family and all those who may have legal rights on my behalf that I have entered into this Agreement and that it is my intent that they be bound by this Agreement. I agree that me or my estate shall be fully liable for the cost to the Releasees for any claim brought on my behalf as a result of my participation in the Activities.

This Agreement constitutes the entire agreement of The Dive Academy and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and The Dive Academy and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF KIN), INCLUDING THE RIGHT TO SUE THE DIVE ACADEMY AND THE RELEASEES.


First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Liability Release and Assumption of Risk Agreement.



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*
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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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