DIVERSION EXCURSION INC./ LADY GO DIVER/ PAVAN DIVING CORP.
DIVERSION EXCURSION INC./ LADY GO DIVER/ PAVAN DIVING CORP.
1. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT DIVERSION EXCURSION, INC. AND PAVAN DIVING CORP. TO RELEASE ITS BOATS AND CREW MEMBERS (WHETHER OWNED, LEASED, OR CHARTERED) AND TO HOLD THESE ENTITIES HARMLESS FROM ALL LIABILITIES ARISING AS A CONSEQUENCE. THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
2. I am a certified diver or student under the direct supervision of an instructor. I understand scuba diving has inherent risks and dangers, including but not limited to equipment failure, perils of the sea, and acts of other divers and I specifically assume such risks.
3. I have been diving within the past year or am currently participating in a refresher course.
4. I am physically fit to scuba dive and snorkel and I will not hold DIVERSION EXCURSION, INC. or PAVAN DIVING CORP. responsible if l am injured as a result of heart problems, lung problems, or any other illness or medical problems which occur while diving or snorkeling.
5. I do not have in my possession any illegal drugs. I am not under the influence of alcohol or drugs nor am I hung over.
6. Prior to leaving the dock, I will inspect all diving equipment to be used. I will notify the captain and divemaster if any equipment is not functioning properly. I understand that DIVERSION EXCURSION INC and PAVAN DIVING CORP. is not responsible for my equipment or my failure to inspect my equipment.
7. I will be present and attentive during the briefing given by the captain and or divemaster and if there is anything that I do not understand, I will notify the captain immediately:�
8. I understand I have a duty to plan and carry out my own dive and to be responsible for my own safety. I am aware of today's dive destinations and am fully aware of their parameters and profiles. I am certified and competent to safely do these dives today and will not attempt to do any part or parcel of my dive whatsoever beyond my certification level and training, beyond my personal limitations, or beyond recreational dive limits. I will conduct my dive in a safe and controlled fashion and I will remain with my buddy at all times. Furthermore, I will conduct myself in a civil and professional manner at all times.
9. I will at the end of each dive, return to the boat with a minimum of 500-psi remaining in my tank.
10. I will immediately terminate or abort my dive if I feel uncomfortable with my dive abilities, dive conditions, or any other factors that may cause an uncomfortable or unsafe dive environment for me.
11. I am aware of the dangers of holding my breath while diving and the danger of rapid ascents and I will not hold DIVERSION EXCURSION, INC. or PAVAN DIVING CORP. responsible for such acts.
12. If l become distressed on the surface, I will immediately drop my weights and inflate my BCD. I will give the DIVER IN TROUBLE signal if I need assistance from the boat.
13. I fully understand and am aware that the boat and its crew has limited medical facilities and that in the event of an emergency, medical help must be summoned by phone or radio and that treatment will be limited and/or delayed until I can be transported to a proper facility.
14. It is my intention by this instrument to give up my right to sue all persons or entities referred to herein, whether specifically named or not, and it is also my intention to exempt and relieve DIVERSION EXCURSION INC. and PAVAN DIVING CORP., its employees, agents and boats, and to hold entities harmless from any liability for personal injury, property damage, or wrongful death caused by negligence and I assume all risks in connection with and related to scuba diving and snorkeling activities.
15. I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND AGREE TO THE TERMS AND CONDITIONS HEREIN SET FORTH ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, MY AGENTS, AND MYSELF.
Agreement and Liability Waiver with Racer Signup Inc.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
This release and waiver verifies that I knowingly choose to participate at my own risk in the . I do hereby waive, release and discharge absolutely, completely and forever the both Racer Signup Inc and , and their employees, agents, principles, officers, directors, shareholders, managers, management entities, event sponsors, volunteers, or officials of these organizations from any claim, demands, liabilities, causes of action, judgements, fines, suits, damages, losses or claim of injury (including death) that I may incur as a result of my participation in the event.
I further hereby clarify that I have full knowledge of the risks involved in this event, and I am physically fit and sufficiently trained to participate. If, however, as a result of my participation in the , I require medical attentions, I hereby give consent to authorize medical personnel to provide such medical care as deemed necessary by such medical personnel.
RACERSIGNUP.COM REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to www.RacerSignUp.com ("Racer Signup Inc") that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, www.RacerSignUp.com refers to Racer Signup Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Racer Signup Inc singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE RACER SIGNUP INC FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
RACER SIGNUP INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE RACER SIGNUP INC OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH RACER SIGNUP INC OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RACER SIGNUP INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF RACER SIGNUP INC IS AT YOUR SOLE RISK. RACER SIGNUP INC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACER SIGNUP INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Racer Signup Inc makes no warranty that the Racer Signup Inc sites' services will be uninterrupted, secure or error free. Racer Signup Inc does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Racer Signup Inc sites. Racer Signup Inc is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Racer Signup Inc sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
4. Indemnification. You agree to indemnify and hold each of Racer Signup Inc harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Racer Signup Inc or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: http://www.racersignup.com/terms by you.
6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
7. Any game promotion conducted on or off this website, and any registration pricing based on number in line are subject to the following rules and regulations. The pricing structure for each event will be detailed on the initial registration page. You (the registering participant) may or may not know your position in line prior to starting the registration. You will have 30 minutes to complete your registration. If you don't complete in 30 minutes you will have to start over, which will remove your place in line and may change your pricing. We reserve the right to move your spot in line for any reason. Your spot in line is based on both incomplete and completed registrations. The software that generates (or tallies) your spot in line may be correct or off by a marginal degree. We reserve the right for computational error. To the best of our knowledge the software will count an accurate tally but as with all software there can be bugs and unrealized issues that can cause this calculation to be off. You agree to being aware to this, and agree to pay the amount present to you and accept the place in line the software calculates you are in, regardless of if the spot and price are correct or not. You, as the participant, will have no way of reviewing the current spot in line or price, other than attempting to register and having the software present that information to you upon registration. At any point, we reserve the right to do the following (or not do the following): remove incomplete registrations, therefore lowering registration numbers for completed registrations and as effect refunding those who moved into a lower pricing bracket. All other rules and regulations for games promotions are to be posted by the event putting on the game. That event should make it clear on their own website and/or in their advertisements how to obtain a full copy of the rules and regulations. Racer SignUp Inc is not responsible for any claims or game promotions conducted by events using the Racer SignUp Inc website for registration. Any claim or statement by Racer SignUp Inc, it's employees, associates, other documents, other places on it's website, in adversing, by an event using Racer SignUp Inc, or another associate that goes against these rules and regulations, that claim or statement is null and void. The governing factor of any game promotions or registration pricing based on number in line, is the rules and regulations stated in this document.
8. All sales are final. There are no refunds. There are no returns. The only except to this rule is the unlikely situation where the event, it's staff, Racer SignUp Inc or it's staff, or an affiliated party decides to grant a refund. In which case the processing fee will not be refunded. Only the event registration fee would be refunded. All processing fees are non-refundable.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.