Liability Waiver

Declaration of Safe Diving Practices, and Statement of Understanding

As a student and/or as a certified diver at DIVING SOLUTIONS (Asia) I understand that I must fully comply with the following safe diving practices:

1. I must,
   1. Maintain good physical fitness and a mental attitude for diving.
   2. Avoid being under the influence of dangerous drugs or alcohol when diving.
   3. Keep proficient in diving skills striving to increase them through continuing and reviewing them in controlled conditions after a period of 6 months of diving inactivity.  I will refer to my course materials online to stay up to date with the most current information and to refresh my knowledge of important information.
2. I must not dive beyond my limits and engage only in diving activities consistent with my training, certification, experiences, and only in conditions consistent with my training.
3. I must obtain a formal diving orientation from a knowledgeable, local source when diving at new sites.
4. I must follow the equipment assembly checks.  I will not dive if there is a possibility of equipment malfunction and/or if I feel uncomfortable.
5. I must maintain the equipment properly and follow the manufacturer’s guidelines for service and maintenance.
6. I must monitor and replace consumable products and use only the manufacturer’s recommended replacements.
7. I must deny the use of my scuba/rebreather equipment to uncertified divers and dive only on or with equipment that is consistent with my training.
8. I must respect and follow the advice of those supervising my diving activities.
9. I must plan dives, within reasonable safe limits including, but not limited to, communications, emergency procedures, etc.
10. I must avoid decompression diving unless trained and certified to do so.
11. I must maintain correct buoyancy control and skill levels.
12. I must know my partial pressure of oxygen and relevant gas pressures of volume at all times.
13. Rebreather Divers:  I must,
    1. Stay within safe limits for all consumables.
    2. Bail out to open circuit and follow the relevant procedures when feeling unwell or unusual while underwater.
    3. Following the manufacturer’s recommendations,
14. Rebreather Divers:  I must never dive with a rebreather that does not pass a pre-dive check before diving.
15. I must never breath-hold or skip-breathe when breathing compressed as.  I must avoid excessive hyperventilation when breath-hold diving.
16. I must know and obey local dive laws and regulations.
17. I must use surface support whenever feasible.

I understand the importance of the safe diving practices listed above.  They are for my own safety and well-being, and I will endeavor to uphold them.  I understand that my failure to adhere to them may place me and others in serious danger and may result in death(s) when diving.  I exonerate any liability that may have been incurred as a result of my failure to follow these practices and that may be stated in the Release and Waiver of Liability Agreement.

Release and Waiver of Liability Agreement

Although statistically very safe, freediving or scuba diving with open circuit or rebreather apparatus has some inherent risks that are assumed by the participant.  These activities are conducted by RAID training professionals under strict standards.

IN CONSIDERATION of the risk by participating in activities through the facility known as DIVING SOLUTIONS (Asia) (hereinafter referred to as the “Dive Center”), I hereby accept responsibility for myself and for my heirs, administrators successors, and assigns.

I hereby release, remise, and discharge Kalkomey Enterprises, LLC; Rebreather Association of International Divers (RAID) AB; RAID International; World Series Freediving (WSF); RAID USA LLC; RAID US LLC; LEARN TO SCUBA LLC; their representatives, distributors, affiliates, shareholders, employees, facilities, instructors, and affiliated personnel; the dive center facility known as the Dive Center, its employees, its affiliated personnel, and its instructors –

through which I receive instruction; all vessels (whether owned, operated leased, or chartered); and all other involved personnel including but not limited to, the owners, employees, crew, volunteers, designees, agents, sponsors, and advertisers (hereinafter referred to as the “Release Parties”); and all other participants in those activities of and from all claims, demands, actions, causes of action of any sort, arising out of law or in equity for injury sustained to myself or my property during my presence and/or participation in activities.

I understand the purpose of accepting this statement and hereby affirm that I am aware that freediving and scuba diving including, but not limited to open circuit and/or rebreather diving have inherent risks that may result in serious injury or death.

Prior to my enrollment in the course, I am fully aware of the specific type of diving in which I am participating.   Beginner or Open Water 20 courses are generally, but not always, conducted using open circuit scuba equipment.

I acknowledge that freediving, rebreather diving; and/or diving with compressed air, oxygen-enriched gas, recirculated gas, and/or mixed gas that includes, but is not limited to, oxygen, helium, and nitrogen involves certain inherent risks that may cause injury or even death.  General risks that may affect a range of underwater activities may include, but are not limited to, ear damage caused by failure to compensate for pressure changes, equipment failure, decompression sickness, narcosis, lung damage, or even death resulting from holding your breath during ascent with compressed as perils of the sea, or acts of a fellow diver. Rebreather diving may also present risks of CO2-absorbent failure and oxygen toxicity.  Freediving may present a risk of shallow water blackout.  Technical diving may involve deeper or more complex diving, including diving in overhead environments.  It may include the use of more complex gas mixtures that present specific risks.

I acknowledge that in-water training, either in confined and/or open water, is necessary for certification and that the training may be conducted at a location that is remote, either by time or distance or both, from a recompression chamber and/or professional medical services.  I agree to proceed with the diving activities despite the possible absence of a recompression chamber in proximity to the dive site and/or the possible delay in receiving professional medical care or attention.  I assume all these risks.  I hereby waive any obligation on the part of the Released Parties to provide first aid, rescue, recovery resuscitation, or medical assistance.

I understand by this Release to waive all claims for negligence, product liability, or breach of warranty against the Dive Center, including claims for personal injury and damage to myself or for damage to my property, whether or not it is based on the sole negligence of the Dive Center, its agents, or its employees.  This Release shall cover and include all areas, activities, and acts, and rental and/or use of equipment, if applicable, at the Dive Center and the other locations of instruction including, but not limited to, all recreational endeavors, parking facilities, picnicking areas, land, showers, restrooms, and office in or about the Dive Center or connected with the same.

I acknowledge that there are no lifeguards at the facility known as the Dive Center and the other locations of instruction and that by participating in the diving activities, I assume all risk.

I agree to indemnify and hold harmless the Dive Center or its parent corporation from any and all causes of action at law or in equity that I and further on behalf of any personal representative, heir, executor, administrator, or successor may have.  I agree to pay all costs of such action including, but not limited to, attorney’s fees incurred y the Dive Center or any parent corporation in the defense of same.

I acknowledge that all equipment must be inspected including, but not limited to, CO2 absorbent, gas mixtures, gas supply, and consumables prior to any diving activity.  I will notify the Release PArties if any of the equipment is not working properly or outside parameters.  I will not hold the Release Parties responsible for any failure to inspect the equipment prior to any diving activity or any consequential injury and/or death as a result of my knowledge of equipment failure.

I certify that,

1. The signature on this Release is voluntary.
2. I am the person for whom the release is signed.
3. I have had the opportunity to inspect the facility and the other locations of instruction, am satisfied with the condition of the facility and the other locations of instruction, am aware of any hazards that may exist thereon, and have assumed all risks associated therewith.

I agree that this Release shall be continuing in nature for subsequent visits during the calendar year set forth below.

I acknowledge that if any part of this waiver is unenforceable, it does not waive the entire agreement or that which is in part or full within the local laws and regulations.

I HAVE READ AND UNDERSTOOD THE FOREGOING RELEASE, AND BY AFFIXING MY SIGNATURE TO IT, I SIGNIFY MY CLEAR INTENTION TO BE LEGALLY BOUND BY IT.

IF THE PARTICIPANT IS A LEGAL MINOR AS DEFINED BY LOCAL LAWS AND REGULATIONS, I, THE UNDERSIGNED PARENT OR GUARDIAN, HAVE READ AND UNDERSTOOD THE FOREGOING RELEASE. I HEREBY ACCEPT RESPONSIBILITY FOR THE MINOR AND FOR THE CHILD’S HEIRS, ADMINISTRATORS,  SUCCESSORS, AND ASSIGNS. BY AFFIXING MY SIGNATURE TO THE RELEASE, I SIGNIFY MY CLEAR INTENTION TO BE LEGALLY BOUND BY IT.

THIS AGREEMENT, AS PUBLISHED, SHALL NOT BE AMENDED OR MODIFIED OR ANY OF ITS PROVISIONS WAIVED, UNLESS IN WRITING AND SIGNED BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.