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317 Diving LLC

1010 Kendall Ct, Westfield, IN 46074

(855) 317-DIVE

info@317diving.com

https://317diving.com

RELEASE OF LIABILITY

 In consideration of being allowed to participate in the ACTIVITIES, I hereby agree to release the RELEASED PARTIES from all liability arising as a result of property loss or damage, illness, injury and/or death due to any act or failure to act, including but not limited to the negligence of anyone, including negligence by the RELEASED PARTIES. I understand that this is a complete and unconditional release of all liability of the RELEASED PARTIES to the greatest extent allowed by law. HOLD HARMLESS AND INDEMNIFICATION: I agree to hold harmless and indemnify (defend and pay all judgments, court costs, damages, investigation costs and all other expenses incurred by the RELEASED PARTIES associated with enforcement of this AGREEMENT) the RELEASED PARTIES from all claims, causes of action and/or lawsuits arising from MY participation in the ACTIVITIES. I hereby obligate MYSELF, or MY estate and family if I am deceased to be fully responsible to pay all costs associated with any claims, causes of action, lawsuits or judgments against the RELEASED PARTIES as a result of MY participation in the ACTIVITIES. LEGAL CONTRACT, GOVERNING LAW AND SEVERABILITY: I understand this AGREEMENT is a legally binding contract giving up MY legal rights. This AGREEMENT shall be in full legal force from the time I sign it, through the duration of the ACTIVITIES, and into the future until all claims and or legal actions against the RELEASED PARTIES are fully resolved. I agree that any legal action arising as a result of MY participation with the ACTIVITIES shall be governed by the Laws of the State of Indiana and the exclusive jurisdiction of any legal action shall be Hamilton County, Indiana. If any portion of this AGREEMENT is found to be unenforceable or invalid, then that portion shall be severed, and the remainder shall continue in full legal force. I agree that a photocopy, fax copy or electronic completion of this AGREEMENT shall have full legal force as if it was an original document signed by ME. I voluntarily and freely enter into this contract based exclusively on the preprinted terms of this AGREEMENT without modification and without relying on any other representations or assurances. I acknowledge that I have read, fully understand and agree to be legally bound by this AGREEMENT. I understand that by entering MY name on the signature line, I am giving up legal rights for MYSELF and all others who may have a claim on MY or their behalf against the RELEASED PARTIES as a result of MY participation in the ACTIVITIES. I hereby agree that this AGREEMENT shall remain effective from the time I sign it through the duration of all ACTIVITIES in which I participate with the RELEASED PARTIES for 1 calendar year, January 1 - December 31.  


SOLO DIVING ASSUMPTION OF RISKS

I hereby affirm that if I intend on solo diving, I am a qualified self-reliant diver. I have been advised of the inherent hazards of solo, self-sufficient and/or self-reliant scuba diving. Further, I understand that such diving involves certain inherent risks including, but not limited to, drowning, decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries and other types of barotrauma and/or hyperbaric injuries. I further understand that by diving alone, I may not have a dive buddy to assist me should any of these, or any other, diving malady or accident occur while I am solo diving. I, understand and agree that neither 317 Diving LLC, nor any of their respective employees, officers, agents or assignees, nor the dive operation through which I am granted the privilege of solo diving, nor my dive buddy, nor other participants in this solo diving activity (hereinafter referred to as Released Parties) may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assignees that may occur as a result of my participation in solo diving as a result of the negligence of any party, including the Released Parties, whether passive or active. 

EQUIPMENT RENTAL AGREEMENT

Please read carefully and fill in all blanks before signing. THIS AGREEMENT is entered into between 317 Diving LLC and I, 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 Acknowledgment Agreement I understand and agree that PADI Members (“Members”), including 317 Diving LLC 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 317 Diving LLC and/ or the instructors and divemasters associated with the activity. Liability Release and Assumption of Risk Agreement I understand and agree that 317 Diving LLC, and its employees, owners, officers, contractor, assigns or agents (hereinafter referred to as “Released Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active. I hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor. I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly. I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. I agree to reimburse the Dive Center/Resort for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned. 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. I further agree 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 unenforceable 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, and 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 estopped from claiming otherwise because of my representations to the Released Parties.

I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS. 



Pricing - Fees - Damage - Lost - Stolen

Rental of a standard dive gear package for up to 24 hours at the store charged price.  Additional for each additional day, per the stores charged agreed price. 

 *Must be a certified diver with proof of certification status. I agree that I am a certified diver and the gear I am renting is for me and will be used properly as it was designed for.

**317 Diving holds the right to charge customer's card automatically for additional charges that come from the rental such as extended time, full replacement cost of gear if damaged, lost or stolen. 


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.

Youth Diving: Responsibility and Risks Acknowledgment (Please read carefully, and sign and date below.) I/we, and my/our child, have viewed and understand the Youth Diving: Responsibility and Risks video or flip chart. We affirm we have been advised and thoroughly informed that diving is an adventure sport with inherent risks to the participant. These risks may include, but are not limited to, pressure related injuries affecting the lungs, sinuses and ears, drowning, panic and other serious injury or death. We also understand our responsibilities, as parent and participant (child), in participating in scuba activities and agree to accept those responsibilities. As the parent/guardian of the minor child, I/we understand and agree it is solely my/our responsibility to evaluate whether my/our child should participate in scuba activities. Our decision is based upon our knowledge of the mental, physical and emotional abilities of our child, as well as his/her medical history. I/we understand and agree it is my/our responsibility to discuss with a physician any questions I/we have regarding my/our child’s medical history and participation in this activity. I/we understand and agree that it is my/our responsibility to continue to monitor the abilities and health of my/our child to determine whether he/she should continue in this program and continue to dive after the program. I/we agree to abide by all supervisory and depth limitations that may accompany my/our child’s PADI certification. I/we understand that PADI certifies instructors/dive centers and provides materials for programs developed by PADI. I/we understand that the dive center/resort and the instructor are responsible for the conduct and supervision of this activity I/we understand my responsibilities and those of my child as set forth in the Youth Diving Responsibilities and Risk video or flip chart. I/we have read this Acknowledgment, understand and agree to the terms and conditions, and understand and agree that this Acknowledgment is a binding contract between us, the dive professional, the dive facility and PADI. 

 



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*
Parent or Guardian's Date of Birth*
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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