Site Terms, Disclaimer, Terms and Conditions of Use
Using this site for
any reason is your implied consent for the following terms (past,
present, and/or future). These conditions are subject to change at
any time without notification. Your consent is valid upon change.
Information on this
site is provided for information purposes only. Only qualified and
certified divers should attempt Scuba diving. There are inherent risks that Scuba divers take and when using
information posted this site, you understand and accept those risks
without imposing any liability on Academy of Scuba Inc., its officers
and agents. You agree to fully disclaim and hold harmless all entities
connected with Academy of Scuba for all information posted on this
site. Further, you agree that you will seek guidance from a qualified professional prior
to using any information on this site. Your agreement to all terms and
conditions are implied by the usage of this site.
You are
waiving your right to signature acceptance.
If you do NOT Agree to these terms, please leave the site immediately,
do not use any of the information received on this site and destroy any printed copies of any material printed from this site.
By using this site you further agree to the following dive practices.
These practices have been compiled for your review and acknowledgement
and are intended to increase your comfort and safety in diving. Your
signature is not required, however your continued use of this site is
agreement to follow these practices, without exception. Read and
discuss the statement prior to agreeing to it. If you are a minor, this form must be agreed
to by a parent or guardian, please get their permission prior to using
this site.
1. Maintain good mental and physical fitness for diving. Avoid being
under the influence of alcohol or dangerous drugs when diving. Keep
proficient in diving skills, striving to increase them through
continuing education and reviewing them in controlled conditions after
a period of diving inactivity, and refer to my course materials to
stay current and refresh myself on important information.
2. Be familiar with my dive sites. If not, obtain a formal diving
orientation from a knowledgeable, local source. If diving conditions
are worse than those in which I am experienced, postpone diving or
select an alternate site with better conditions.Engage only in diving
activities consistent with my training and experience. Do not engage
in cave or technical diving unless specifically trained to do so.
3. Use complete, well-maintained, reliable equipment with which I am
familiar; and inspect it for correct fit and function prior to
each dive. Deny use of my equipment to uncertified divers. Always have
a buoyancy control device and submersible pressure gauge when scuba
diving. Recognize the desirability of an alternate air source and a
low-pressure buoyancy control inflation system.
4. Listen carefully to dive briefings and directions and respect the
advice of those supervising my diving activities. Recognize that
additional training is recommended for participation in specialty
diving activities, in other geographic areas and after periods of
inactivity that exceed six months.
5. Adhere to the buddy system throughout every dive. Plan dives -
including communications, procedures for reuniting in case of
separation and emergency procedures - with my buddy.
6. Be proficient in dive table usage. Make all dives no decompression
dives and allow a margin of safety. Have a means to monitor depth and
time underwater. Limit maximum depth to my level of training and
experience. Ascend at a rate of not more than 18 metres/60 feet per
minute. Be a SAFE diver - Slowly Ascend From Every dive. Make a safety
stop as an added
precaution, usually at 5 metres/15 feet for three minutes or longer.
7. Maintain proper
buoyancy. Adjust weighting at the surface for neutral buoyancy with no
air in my buoyancy control device. Maintain neutral buoyancy while
underwater. Be buoyant for surface swimming and resting. Have weights
clear for easy removal, and establish buoyancy when in distress while
diving.
8. Breathe properly for diving. Never breath-hold or skip-breathe when
breathing compressed air, and avoid excessive hyperventilation when
breath-hold diving. Avoid overexertion while in and underwater and
dive within my limitations.
9. Use a boat, float
or other surface support station, whenever feasible.
10. Know and obey local dive laws and regulations, including fish and
game and dive flag laws.
I have read the above
statements and have had any questions answered to my satisfaction. I
understand the importance and purposes of these established practices.
I recognize they are for my own safety and well-being, and that
failure to adhere to them can place me in jeopardy when diving.
Your agreement to further use this site means that you hereby affirm
that you are aware that skin and scuba diving have inherent risks
which may result in serious injury or death. You understand that
diving with compressed air involves certain inherent risks; including
but not limited to decompression sickness, embolism or other
hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand
that the open water diving trips which are necessary for training and
for certification may be conducted at a site that is remote, either by
time or distance or both, from such a recompression chamber. You still
choose to proceed with such instructional dives in spite of the
possible absence of a recompression chamber in proximity to the dive site.
You understand and agree that neither the professional staff, its
officers, employees, agents, instructors, contractors or staff of
Academy of Scuba Inc., and/or Scuba Marketing Systems, the facility
through which you receive your instruction, nor any of Academy of
Scuba's agency affiliations., nor its affiliate and subsidiary
corporations, nor any of their respective employees, officers, agents,
contractors or assigns (hereinafter referred to as "Released Parties")
may be held liable or responsible in any way for any injury, death or
other damages to me, my family, estate, heirs or assigns that may
occur as a result of my participation in this diving program or as a
result of the negligence of any party, including the Released Parties,
whether passive or active. In consideration of being allowed to
participate in this course (and optional Adventure Dive),
hereinafter referred to as "program," You hereby personally assume all
risks of this program, whether foreseen or unforeseen, that may befall
me while you are a participant in any program, a diver, a non-diver or
someone using this site for informational purposes including, but not
limited to, the academics, confined water and/or open water
activities. You further release, exempt and hold harmless said program
and Released Parties from any claim or lawsuit by me, my family,
estate, heirs or assigns, arising out of my enrollment and
participation in this program including both claims arising during
the program or after I receive my certification. You also understand
that skin diving and scuba diving are physically strenuous activities
and that I will be exerting myself during this or any Scuba diving
program and that if you are injured as a result of heart attack,
panic, hyperventilation, drowning or any other cause, that you
expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for
the same. You further state that you am of lawful age and legally
competent to accept this liability release, or that you have acquired
the consent of your parent or guardian to view this site. You
understand the terms herein are contractual and not a mere recital,
and that I have agreed to this Agreement of your own free act and with
the knowledge that I hereby agree to waive my legal rights. I further
agree that if any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be severed from this
Agreement.
The remainder of this
Agreement will then be construed as though the un-enforceable
provision had never been contained herein.You understand and agree
that you are not only giving up my right to sue the Released Parties
but also any rights my heirs, assigns, or beneficiaries may have to
sue the Released Parties resulting from my death. I further represent
I have the authority to do so and that my heirs, assigns, or beneficiaries
will be estopped from claiming otherwise because of my representations
to the Released Parties. You BY THIS INSTRUMENT AGREE TO EXEMPT AND
RELEASE ALL INSTRUCTORS, Academy of Scuba, its agents, officers,
contractors, assigns, affiliates AND ALL RELATED ENTITIES AS DEFINED
ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL
INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING
BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER
PASSIVE OR ACTIVE. YOU HAVE FULLY INFORMED YOURSELF AND YOUR HEIRS OF
THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK
AGREEMENT BY READING IT BEFORE I ACCEPTED IT ON BEHALF OF MYSELF AND
MY HEIRS.