Edithburgh & Wool Bay Jetties Marine Watch - Liability Release and Assumption of Risk Agreement
I hereby affirm that I am a certified scuba diver trained in safe dive practices and know that scuba diving (hereinafter “Diving”) has inherent risks which may result in serious injury or death.
I understand and agree that neither downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur during Diving activities as a result of my participation in Diving or as a result of the negligence of any party, including downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch, whether passive or active.
I affirm I am in good mental and physical fitness for Diving. I further state that I am not under the influence of alcohol or any drug(s) that are contraindicated to Diving. If I am taking mediation, I affirm that I have seen a physician and have approval to dive while under the influence of the drug(s). I understand that Diving is a physically strenuous activity and that I will be exerting myself during this activity 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 downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dives allowing for my diving experience and limitations, and the prevailing water conditions and environment. I will not hold downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch responsible for my failure to safely plan my dive and dive my plan. I affirm it is my responsibility to inspect all of my equipment prior to Diving and that I should not dive if my equipment is not functioning properly. I will not hold downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to consent to this liability release, or that I have acquired the consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have consented to this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that 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 downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch but also any rights my heirs, assigns, or beneficiaries may have to sue downunderpix and / or Paul Macdonald and / or Edithburgh & Wool Bay Jetties Marine Watch resulting from my death. I further represent that I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to downunderpix, Paul Macdonald and Edithburgh & Wool Bay Jetties Marine Watch.
I AGREE TO EXEMPT AND RELEASE DOWNUNDERPIX AND PAUL MACDONALD AND EDITHBURGH & WOOL BAY JETTIES MARINE WATCH FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BEFORE CONSENTING BELOW ON BEHALF OF MYSELF AND MY HEIRS.
