This is a legal document. You have the right to consult an
attorney before signing it, if you wish.
By completing the name, email, and date fields below, checking
the Affirmation box, and pressing the "Submit Liability Release"
button, you state the following:
RECOGNITION OF EXCEPTIONAL RISK
I recognize that diving (which shall hereinafter include both
skin diving and SCUBA diving) is an exceptionally hazardous
activity, but I still desire to participate in this activity
and to obtain or continue membership in the Active Divers
Association, Inc. (referred to herein as ADA) in order to
participate in ADA activities, including ADA dives, and in
order to obtain the advice, counsel, and assistance of ADA
members, particularly as it relates to diving.
ASSUMPTION OF EXCEPTIONAL RISK
I voluntarily assume all risk of injury to myself (“injury”
shall herein include bodily injury, and/or damage to or
destruction of or loss of my property, and/or my death) which
arises from my participation in diving activities, even when
such injury is caused solely or in part by the negligence of
one or more Cosigners. (As used herein, a "Cosigner” means a
person who has signed this agreement, and who is either a
prospective ADA member or an ADA member in good standing at
the relevant time.)
CROSS RELEASE OF LIABILITY
I hereby release every Cosigner and ADA from any liability
for injuries to me arising from my participation in diving
activities and which arise either wholly or in part as a
consequence of the negligent acts or omissions of one or more
Cosigners.
PRECONDITION OF ADA MEMBERSHIP
Since every ADA member and prospective ADA member is required
to sign this agreement as a precondition for membership or
continued membership in ADA as a precondition for taking
active part in any ADA dive, all such ADA members and
prospective ADA members are conclusively presumed to have
signed this ADA agreement. Because of this fact, it is my
expectation that this agreement will effectively free me from
any liability to such persons, whether or not I can prove that
they are, in fact, Cosigners, for my negligent acts or
omissions (if there are any) which relate to or are connected
to diving.
SPECIFIC WAIVER OF LIABILITY FOR ADA RULES AND
POLICIES
I recognize that there may be diving practices or rules which
others might consider necessary or prudent for safe diving and
which have not been adopted or which are not enforced by
either ADA or one or more ADA members, officers, or
divemasters. I will not hold ADA or any ADA member, acting in
any capacity whatsoever, liable for any injury arising solely
or in part from a failure of ADA or any ADA member, acting in
any capacity whatsoever, to enforce or adopt any particular
rule or practice. This includes, but is not limited to: a
failure to enforce the Buddy System, a failure to require the
use of any particular item of diving equipment, a failure to
adopt or enforce a policy of canceling dives due to marine,
atmospheric, or other dangers, a failure to require any
minimum level of diving expertise or experience for ADA
members or prospective ADA members participating in an ADA
activity.
SPECIFIC WAIVER OF LIABILITY FOR FALSE OR MISLEADING
INFORMATION
I recognize that one or more ADA members may negligently omit
to give me information, or may give me false or misleading
information pertaining to difficulty of a dive or my ability
to safely participate in or perform a dive. I recognize also
that one or more ADA members may negligently approve of my
preparation or planning for a dive or my equipment condition
or my complement of equipment or my manner of wearing or using
equipment. I agree that I alone am responsible in each
instance for determining whether I can safely make a dive,
whether I have sufficient and accurate information upon which
to base this decision, and whether my equipment condition or
my complement of equipment and my manner of wearing or using
my equipment is sufficient for the dive I intend to make. I
release ADA and all Cosigners, who by signing this agreement
similarly release me, from negligent acts or omissions of this
nature.
SPECIFIC WAIVER OF LIABILITY RELATING TO DIVING
ASSISTANCE BUDDY DIVING
I fully recognize that a diving buddy can be either an asset
or a liability. For example, a buddy might not make any effort
to stay with me or to look for me if we become separated, a
buddy might act inappropriately or negligently in an
emergency, a buddy might cause danger to himself or to me
(including failing to return a regulator once it is offered to
him), or a panicked buddy might hold me underwater without air
even to the point where I might drown either near or remote
from the surface. Accordingly, I alone will determine whether
any proposed buddy is acceptable to me.
Since I recognize that any assistance I might give to a diver
in water results in or may result in additional risk to
myself, I do not want to be obligated to assist any diver,
including my buddy, in any way, whether in or out of the
water. I agree that Cosigners have the same freedom. Thus, in
order to hereby obtain benefit of a similar express release
from other Cosigners, I agree that no Cosigner is under any
obligation to assist me in any way whatsoever, either in or
out of the water, or to offer me air even I request it, or to
stay with me during a diving activity, or to look for me if we
become separated. I release all Cosigners from any and all
liability for negligence in assisting me or attempting to
assist me and/or for discontinuing any assistance to me once
it has been undertaken.
(This provision may be modified between two or more buddies
for the duration of a dive or permanently only by express
written agreement signed by both buddies but such agreement
has no effect with respect to any Cosigner who has not also
signed such written agreement.)
INDEMNIFICATION
AGREEMENT AND WAIVER
Should there be no valid signing of this agreement by a minor
child of whom I am a parent or legal guardian, I agree to
indemnify and hold harmless ADA and any other Cosigner from
any liability to such minor and from any expense whatsoever
incurred or arising as a result of any claim made by or on
behalf of any such minor and waive any right I may have to sue
on behalf of or through any minor child or ward of mine.
TRAVEL UNDERSTANDING AND WAIVER
I hereby release ADA from all claims whatsoever which may
arise from participation in diving activities under their
direction, or which may arise from any event connected with
this participation, including: transportation to or from by
aircraft, boat, or other conveyance used, services by hotels,
restaurants, dive shops, guides, or any other agencies,
illness, disease, infirmity, or alteration of physical
condition by any person, loss or damage to personal effects
and equipment, and any error, act, or omission by any person.
I also understand that changes in the itinerary or
arrangement, for any reason whatsoever, may be made at any
time if deemed necessary by ADA or its associates, that any
additional expense shall be borne equally by all the
participants, and that all services are subject to the laws of
the country in which they are provided.
I affirm that I have read the Active Divers Association Diving
Liability Release and Waiver. I hereby release Active Divers
from all claims whatsoever which may arise from participation in
diving activities under their direction, or which may arise from
any event connected with this participation, including:
transportation to or from by aircraft, boat, or other conveyance
used, services by hotels, restaurants, dive shops, guides, or
any other agencies, illness, disease, infirmity, or alteration
of physical condition by any person, loss or damage to personal
effects and equipment, and any error, act, or omission by any
person. I also understand that changes in the itinerary or
arrangement, for any reason whatsoever, may be made at any time
if deemed necessary by Active Divers or its associates, that any
additional expense shall be borne equally by all the
participants, and that all services are subject to the laws of
the country in which they are provided.
