ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT
This is a legal contract terminating your rights to ﬁle a lawsuit. Read carefully before signing.
DiVentures Holdings, LLC, its subsidiaries, DiVentures, LLC; DiVentures Iowa, LLC; DiVentures Springfield, LLC; DiVentures Madison, LLC; DiVentures Columbia, LLC; DiVentures Atlanta, LLC; DiVentures Lexington, LLC; DiVentures Kansas City, LLC; DiVentures Lincoln, LLC; DiVentures Battle Creek, LLC; DiVentures Arizona, LLC; DiVentures Marietta, LLC; DiVentures Memphis, LLC; DiVentures Little Rock, LLC; DiVentures Virginia, LLC; DiVentures Colorado Springs, LLC and their respective facilities, staff, officers, instructors, employees, agents and assigns (collectively, “Hosts”) host(s) Activities, including but not limited to snorkeling, freediving, breath-hold diving, solo diving, scuba diving, technical diving, dive instruction, aquatic life interactions, land and underwater exploration, travel (in air, on land and over water), boating, ﬁshing, lodging, food, beverages and all related activities (herein referred to as “Activities”). These Activities are inherently dangerous and may result in injury, including but not limited to property loss, illness, injury, and death. In consideration of being allowed to participate in the Activities, I HEREBY AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT (herein referred to as “Agreement”).
Agreement Parties: I, on behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES & ALL WHO MAY HAVE A CLAIM ON MY BEHALF (hereafter referred to as “me”, “my”, “I” or “Participant”), voluntarily and freely enter into this Agreement with the aforementioned Hosts, including but not limited to their owners, oﬃcers, directors, sponsors, agents, insurers, employees, captains, crewmembers, dive professionals, volunteers, boats (whether owned, operated, leased, or chartered), and all other persons and businesses associated with the Activities, whether speciﬁcally named or not (hereafter referred to as “Released Parties”).
Participant’s Responsibilities & Assumption of Risks: I understand there are inherent risks of property loss, illness, injury, and death associated with the Activities. I will follow safe practices, maintain awareness and use good judgment set forth in the applicable SSI Responsible Code to reduce the risks, however I know the risk of property loss, illness, injury and death cannot be eliminated. I hereby agree to be solely responsible for my health, safety, and actions. If I choose to scuba dive, I hereby aﬃrm that I am a certiﬁed and competent diver or a student under the supervision of a certiﬁed scuba instructor. I am solely responsible to verify the function and adequacy of the equipment I use prior to each dive and to monitor my gas supply throughout my dives. I will plan and conduct all dives within my training and ability and return to the dive boat with a minimum of 500psi cylinder pressure. In the event I choose to dive without a dive partner or continue my dive in the absence of a dive partner, I understand and accept the increased risks of solo diving. I understand the Activities will expose me to inherent dangers including but not limited to: panic, drowning, decompression illness, overexpansion injuries, pressure related injuries, breathing gas toxicities, equipment failure, dangerous acts of others, infections, illnesses, allergic reactions, communicable illnesses and diseases, marine life bites and stings, dangerous environmental conditions, and risks associated with boating Activities, including but not limited to transits, boarding, departing, lodging, transfers, entering and exiting the water, that expose me to inherent dangers including but not limited to unexpected movements, slipping, tripping, falling, dangerous environmental conditions, ﬁre, equipment failure, capsize, sinking, grounding, abandonment, collision, dangerous acts of others, being hit by a boat, and hazards of the sea. I ACKNOWLEDGE AND UNDERSTAND THERE ARE RISKS OF PROPERTY LOSS, ILLNESS, INJURY AND DEATH EVEN WHEN ALL SAFETY MEASURES ARE IN PLACE AND UTILIZED. DESPITE THE RISK OF PROPERTY LOSS, ILLNESS, INJURY AND DEATH, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER CREATED OR NOT BY THE RELEASED PARTIES AND I HEREBY EXPRESSLY RELEASE, WAIVE, DISCHARGE, COVENANT AND AGREE NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL DEMANDS, CLAIMS, SUITS, AND CAUSES OF ACTION THEREFORE, NOW KNOWN OR HEREIN AFTER KNOWN, TO ME ARISING OUT OF, RESULTING FROM, OR ON ACCOUNT OF INJURY TO MY PERSON, MY PROPERTY, THE PROPERTY OF OTHERS OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO MY PARTICIPATION AND/OR INSTRUCTION IN SAID TRIP, ACTIVITIES, OR ANY OTHER RELATED ACTIVITIES THAT MAY OCCUR.
Participant’s Condition & Emergency Awareness: I will participate in the Activities within my certiﬁcation level, experience, skill and abilities. My participation in the Activities is voluntary and if I do not feel well, willing, capable and competent to participate, or if I become aware of an unsafe condition, I will take appropriate action for my safety and/or refrain from participation. I hereby aﬃrm I am physically, medically and mentally ﬁt to participate in the Activities. I will not hold the Released Parties responsible for any condition that results in illness, injury or death to me. I will not possess or consume illegal drugs or medications contraindicated for the Activities. I will not participate in the Activities while under the inﬂuence of alcohol or drugs (other than medications prescribed or authorized to me by a physician and then only to the extent as prescribed, and I understand the risks inherent in taking prescribed medication and will strictly adhere to the prescribing instructions and directions for use). I understand the Activities will be conducted at remote locations delaying emergency response, medical care and hyperbaric care. I understand that diving with compressed gases involves inherent risks, including but not limited to, over expansion injuries, decompression injuries, embolism and drowning. Diving injuries may require treatment in a hyperbaric chamber. I understand that these Activities may be conducted at a site that is remote, by time and distance, from a hyperbaric chamber and medical facilities. Despite the inherent risks, I expressly choose to proceed with the Activities in the absence of a nearby hyperbaric chamber and medical facility. I EXPRESSLY ASSUME THESE RISKS AND HEREBY RELEASE WAIVE, DISCHARGE, COVENANT AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY AND ALL DAMAGES, LOSSES, PENALTIES, LIABILITIES, COSTS ATTORNEY’S FEES, AND EXPENSES OF ANY NATURE, AND ANY DEMANDS, CLAIMS, SUITS, AND CAUSES OF ACTION THEREFORE, NOW KNOWN OR HEREIN AFTER KNOWN, TO ME FOR FAILURE TO RESCUE OR PROVIDE PROPER EMERGENCY RESPONSE OR MEDICAL CARE. I AUTHORIZE THE RELEASED PARTIES TO PROVIDE FIRST AID AND MEDICAL CARE TO ME IF I BECOME ILL OR INJURED. I AGREE TO BE SOLELY RESPONSIBLE FOR AND PAY ALL EXPENSES ASSOCIATED WITH ANY EMERGENCY RESPONSE AND MEDICAL CARE PROVIDED TO ME, INCLUDING BUT NOT LIMITED TO EMERGENCY OXYGEN, FIRST AID SUPPLIES, EMERGENCY RESPONSE, TRANSPORTATION, FOOD, LODGING, SPECIAL NEEDS, HYPERBARIC TREATMENT AND/OR MEDICAL CARE PROVIDED BY THE RELEASED PARTIES. I UNDERSTAND THE IMPORTANCE OF, AND MY RESPONSIBILITY TO HAVE, PERSONAL INSURANCE THAT SPECIFICALLY COVERS DIVE AND TRAVEL RELATED EMERGENCIES AND MEDICAL CARE.
Release of Liability: In consideration of being allowed to participate in the Activities, I HEREBY AGREE TO FOREVER RELEASE THE RELEASED PARTIES FROM ALL LIABILITIES ARISING AS A RESULT OF MY PROPERTY LOSS OR DAMAGE, ILLNESS, INJURY AND OR DEATH DUE TO ANY ACT OR FAILURE TO ACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANYONE, INCLUDING NEGLIGENCE BY THE RELEASED PARTIES. I SHALL NOT HOLD THE RELEASED PARTIES RESPONSIBLE OR LIABLE FOR DEFECTIVE PRODUCTS OR THE ACTS OF THIRD PARTIES, VENDORS, SUPPLIERS OR CONTRACTORS. I UNDERSTAND THIS IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, COSTS, ATTORNEY’S FEES, EXPENSES, AND LIABILITIES OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.
Hold Harmless & Indemniﬁcation: I AGREE TO HOLD HARMLESS, DEFEND (AT RELEASED PARTIES SOLE AND ABSOLUTE DISCRETION AND INSTRUCTION) & INDEMNIFY THE RELEASED PARTIES FROM ALL CLAIMS, CAUSES OF ACTION OR LAWSUITS ARISING FROM MY PARTICIPATION IN THE ACTIVITIES. I HEREBY OBLIGATE MYSELF, AND MY FAMILY OR MY ESTATE, 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. COSTS AS REFERENCED HEREIN SHALL INCLUDE, BUT NOT BE LIMITED TO DEFENDING AND PAY ALL JUDGMENTS, COURT COSTS, DAMAGES, INVESTIGATION COSTS, ATTORNEY FEES AT ALL LEVELS, INCLUDING PRE-LAWSUIT, TRIAL, MEDIATION, ARBITRATION, APPEAL, AND ALL OTHER EXPENSES INCURRED BY THE RELEASED PARTIES THAT RELATE TO ENFORCEMENT OF THIS AGREEMENT.
I understand and agree the SSI licenses training centers, professionals and their aﬃliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI, its parent, subsidiary, or aﬃliated corporations. I further understand SSI training centers, SSI professionals, and their aﬃliates’ businesses are independent, and are neither owned, operated, or controlled by SSI, and that while SSI establishes standards and materials for SSI training, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training and or supervision of Participants by SSI training centers, SSI professionals, their aﬃliated businesses, and/or their associated staﬀ. I further understand and agree on behalf of myself, that in the event of injury, illness or death during the Activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI training center, SSI professionals and other aﬃliated businesses or personnel associated with my participation in the Activities.
Legal Contract, Governing Law & Severability: I understand this Agreement is a contract giving up My legal rights. This Agreement shall be in full legal force from the time I sign it, through the duration of all Activities, and into the future until all claims and legal action against the Released Parties arising as a result of my participation in the Activities are fully resolved. I agree that any legal action arising as a result of my participation in the Activities shall be governed by the Laws of the State in which the Host is located, and that State shall be the exclusive jurisdiction and venue of any legal action. 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 any photocopy, fax copy, or electronic completion/signature/ conﬁrmation of this Agreement shall have full legal force as if it were 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 HAVE FULLY READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, 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.
Today's date: December 3, 2023