Terms and Conditions



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 ONTARIO INC (“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.

 

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Participant’s Signature

 

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Participant’s Name (Printed)

 

Date: ______________________________