CONTINUING WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY, AND EMERGENCY CARE PERMISSION PLEASE READ CAREFULLY BEFORE SIGNING BECAUSE THIS IS A CONTINUING RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. IT ALSO GRANTS CONTINUING PERMISSION FOR EMERGENCY CARE. In consideration of permitting me, (participant), to enroll in a swim, snorkeling, or scuba diving instructional course and/or participate in Swimming, Snorkeling, Scuba Diving, Swim Parties, Physical Activities, and Related Operations (hereafter known as “Water Activities”) conducted by Diventures Holdings, LLC or any Diventures Subsidiaries (as defined below), beginning on April 20, 2024 I agree for myself, my personal representatives, heirs and next of kin: I hereby acknowledge that Water Activities are potentially dangerous activities and involve the inherent risk of serious injury (including paralysis), death and/or property damage both in and under the water as well as on the pool deck itself. I hereby release, waive, discharge and agree not to sue 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, and Diventures Virginia, LLC (collectively, “Diventures Subsidiaries”) and their respective facilities, staff, officers, instructors, agents or employees (collectively, the “Releasees”) from all liability to myself, my minor child(ren), my personal representatives, signs, heirs and next of kin for any and all loss or damage and any claim or demands therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation and/or instruction in said course, activities or any other related Water Activities that may occur. I hereby assume full responsibility for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/or instruction in said course, Water Activities, or any other swimming/snorkeling operations conducted by Diventures Holdings, LLC or any Diventures Subsidiaries. I hereby acknowledge that this Waiver and Release of Liability is intended to be as broad and inclusive as permitted by the laws of the state in which the activities are conducted, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I hereby assume full responsibility for determining the need for and providing an interpreter for a language other than English within the facility. I acknowledge that it is my responsibility to provide for my own and/or my child(ren)’s own accident and health coverage while participating in Water Activities. In the event I cannot be reached and/or am incapacitated or otherwise able to give consent, I give permission for emergency medical, surgical and hospital treatment and procedures to be performed by a licensed physician or hospital, when deemed immediately necessary to safeguard my/my child(ren)’s health. I relieve Releasees of any and all responsibility for action(s) taken by the doctor(s), hospitals, or other medical care providers in the treatment and attendance of me or my child. I agree that this waiver, release of liability, assumption of the risk, and consent for emergency medical, surgical and hospital treatment shall be continuing and effective for all Water Activities conducted by or on behalf of the above named Releasees for a period of time beginning with the execution of this document and terminating at 11:59 P.M., CST, on the 365th day after the date on which this document was signed. I Agree
Staff Release By signing this document, I am in full understanding of what constitutes “Staff of Nautilus Aquatics” or “All Staff of Nautilus Aquatics” as referenced in the liability waivers below. I further understand that this list is subject to change at any time to encompass any and all individuals who may be present during SCUBA training or any associated activity. It is the sole decision of the owners of Diventures Virginia, LLC, dba Nautilus Aquatics, henceforth known as Nautilus Aquatics, to determine what individuals will be considered part of the staff at any time. By signing this document, I acknowledge that I am in full understanding that all liability is being waived for all associates of Nautilus Aquatics, to include any facility or other business or vessel. I further understand that Nautilus Aquatics will not be held responsible for any incident or misadventure that may occur before, during or after any activity. By signing this document, I am agreeing that none of my associates or family members can hold Nautilus Aquatics or any of their associates responsible, or liable, for any incident or misadventure before, during, or after any activity. I understand that all of these conditions apply to any minor (individual under the age of 18 years) that I may be signing for as well, and will accept full responsibility for their actions at all times. I Agree
SDI GENERAL LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK Please read carefully, fill in all blanks and initial each paragraph before signing at bottom FOR THE TRAINING PROGRAM INDICATED BELOW UNDER SANCTION THROUGH SDI. Please read carefully. If any questions arise, ask your instructor or dive facility before signing. I, hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving activities Further, I understand that diving with compressed air or oxygen enriched air (nitrox) involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries or other barotrauma/hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that the open water diving trips, which are necessary for training and certi cation, may be conducted at a site that is remote, either by time of distance or both, from such a recompression chamber. I still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site. I understand and agree that neither my Instructor(s) All Staff of Nautilus Aquatics, the facility through which I received my Instruction, NAUTILUS AQUATICS, International Training and Scuba Diving International, nor the officers, directors, shareholders, affliated companies, employees, agents, or assigns of the above listed entities and/or individuals, nor the authors of any materials including texts and tables expressly used for training and certification (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 assigns that may occur as a result of my participation in this diving class or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to enroll in this course, I hereby personally assume all risks in connection with said course, for any harm, injury, or damage that may befall me while I am enrolled as a student of this course, including all risks connected therewith, whether foreseen or unforeseen. I further agree to save, defend, indemnify, and hold harmless said course and Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my enrollment and participation in this course including both claims arising during the course or after I receive my certification even if such claims may be groundless, false or fraudulent. I also understand that diving activities are physically strenuous and that I will be exerting myself during this diving course, and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold the above listed individuals or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said course and Released Parties for any such injuries incurred by me. I understand that these activities may place me deeper than I am able to safely execute a free (without breathing gas) ascent from. I understand that I may be required to furnish my own equipment and that I am responsible for its operating condition and maintenance. 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 that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. IT IS THE INTENTION OF, BY THIS INSTRUMENT TO EXEMPT AND RELEASE MY INSTRUCTORS, All Staff of Nautilus Aquatics, THE FACILITY THROUGH WHICH I RECEIVED MY INSTRUCTION Nautilus Aquatics, THE TRAINING AGENCY SDI AND INTERNATIONAL TRAINING AND SCUBA DIVING INTERNATIONAL, AND ALL OTHER RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS. This document is required for all courses and Specialties taught under sanction by Scuba Diving International. No alterations, changes, omissions or revisions may be made. Today's date: April 20, 2024
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