AGREEMENT TO WAIVE LIABILITY, TO ASSUME RISK, AND TO INDEMNIFY
In consideration of being permitted to participate in the
Activities (as defined below) conducted by 1408834 ONTARIOINC (“the Vendor “), _____________________________
(the “Participant”) agrees as follows:
1. Activities – the Participant would like to participate in
various activities related to using the platform diver protection DiveGuard
system (the “Activities”), including but not limited to the following
activities:
- Setting up or removing the DiveGuard device on/from diving
platform(s);
- Using the DiveGuard device and all of its components, such as
the remote control, the launcher, the safety cushion and the portable
platform. The usage of the device includes but is not limited to
charging it prior to a dive, activating the remote control unit upon the
initiation of the dive and discharging the device during the dive, altogether
causing the safety cushion to be propelled towards the diver to provide
protection from an accidental platform
hit;
- Maintaining the DiveGuard device and all
of its components, which includes but is not limited to changing batteries,
replacing defective or worn out components, adjusting the spring and/or the
trigger mechanism;
2. Assumption Of Risk - I understand that platform diving in
general and platform diving using the DiveGuard protection system in
particular, necessarily entails the risk of bodily injury, death and property
damage from coach’s or diver’s error or other operational errors. In addition,
flights could result in injuries from a combination of factors including but
not limited to: structural or mechanical failure in the DiveGuard system or one
of its components, latent defects in the in the DiveGuard system or one of its
components, negligent maintenance, defects in diving platforms, interference of
static electricity, other radio frequency devices or other causes. Injuries
that could result will vary, but may include (a) minor injuries such as
scratches, bruises and sprains, (b) major injuries such as eye injury or loss
of sight, joint or back injuries, heart attacks and concussions, and (c)
catastrophic injuries, including paralysis and even death. Notwithstanding these
risks and other hazards that may be foreseeable but not specifically identified
herein, the Participant on behalf of itself, its heirs, representatives,
partners, members and/or affiliates, understands, acknowledges, and expressly
and voluntarily assumes all risks and full responsibility for any injury, death
or property damages arising out of or related to the Activities.
3. Release, Discharge, and Agreement Not To Sue – the
Participant on behalf of itself, its heirs, representatives, partners, members
and/or affiliates, does hereby release, discharge and agree not to sue the
Vendor, its divisions and affiliates, and the respective officers, directors,
suppliers, members, employees, agents, and volunteers of each of those entities
(collectively referred to as “the Vendor” within this document only) from any
and all claims that we might otherwise have against the Vendor, for any injury
or death to the participant, or for any damage to our property, arising from,
but not limited to, participation in the Activities. This release, discharge
and covenant not to sue shall relate to any and all claims or legal rights now
existing or arising in the future, including claims and legal rights arising
out of any active or passive negligence of the Vendor, and any other breach of
a legal duty arising by common law, statute, contract or otherwise.
4. Indemnification And Hold Harmless – the Participant agrees
to indemnify and hold the Vendor harmless from, without limitation, any and all
claims, actions, suits, procedures, costs, expenses, damages, and liabilities,
including attorney’s fees, incurred, brought as a result of or arising out of
my involvement in the Activities and to reimburse the Vendor for any such costs
and expenses as they are incurred. I expressly acknowledge and agree that this
duty to indemnify and hold the Vendor harmless shall apply even under
circumstances where the Vendor has acted in a negligent or tortious manner.
5. Acknowledgements and Full Release - I acknowledge that the
Vendor has given me the opportunity to discuss the provisions of this document
with legal counsel, and that I have either had such discussions, or chosen not
to do so. I also acknowledge that I have been given the right to object to and
bargain regarding any of these provisions, but have voluntarily and knowingly
chosen not to do so. I am freely and voluntarily signing this Agreement and
intend that my signature be the complete and unconditional release of all
liability to the greatest extent allowed by law.
6. Severability - I expressly agree that these agreements are
intended to be as broad and inclusive as is permitted by the law of the State
in which the Activities are to be conducted and that if any part of any
provision is held to be invalid, it is agreed that the balance of the
provisions shall continue in full legal force and effect, notwithstanding such
invalidity.
BEFORE SIGNING, READ THIS ENTIRE DOCUMENT VERY CAREFULLY. If an
accident were to occur, you (by signing this Agreement) would be giving up
legal rights that you might otherwise have. In addition, you might be incurring
legal liabilities that you might not otherwise have. If you do not understand
anything in this document, you should not sign it. Instead you should consult
with your legal advisor.