AWD, INC.

This is a legal instrument which takes away certain rights you would otherwise have by law.
Do not sign this instrument without first reading it carefully!

Liability Release

I, ________________________________________________
(Printed Name)

Residing at _____________________________________________________________
(Print Address - Street, City, State and Zip Code)

being of legal age, have signed this instrument on __________________, 20__  as a condition of my participation in Club dives of AWD, Inc. (the "Club") and in consideration of mutual undertakings by other participants in such dives. (The term "Club dive" refers not only to an actual dive, from entering to leaving the water, but also to all activities before and after an actual dive, beginning when I first board the dive boat and ending after I and my equipment are off the boat after the end of the trip).

By signing this instrument, I INTEND TO CREATE THE FOLLOWING LEGAL EFFECTS:

(1) I assume all risks to myself and my property that I encounter during Club dives, including circumstances (such as the physiological effects of diving) or the negligence or recklessness of a beneficiary of this instrument.

____________ Initial

(2) I agree that no beneficiary of this instrument or other club diver owes me the duty not to act negligently or recklessly with respect to myself or my property during or in connection with Club dives: in particular, I agree that no legal duty is owed to me to come to my rescue or render aid, to continue aid or rescue efforts that may have been undertaken, or to act without negligence in conducting rescue or rendering aid.

____________ Initial

(3) I release each beneficiary, other club diver and each other diver of the club from any liability for harm to myself or my property occurring during a Club dive that may be caused by such beneficiary's negligence or recklessness.

____________ Initial

(4) I agree not to sue any beneficiary, other club diver and each other diver of the club, with respect to any harm to myself or my property occurring during a Club dive that may be caused by such beneficiary's negligence or recklessness, and I further agree to indemnify such beneficiary against any liability and all costs (including actual attorney's fees) which the beneficiary may incur if I do not keep the agreement not to sue.

_____________ Initial

The terms "risk" or "harm" with respect to myself, refer to physical injury including permanent injury or even death, and the terms "risk" or "harm" with respect to my property, refer to damage, destruction, or loss of any property, regardless of ownership, that I bring upon a Club dive.

This instrument shall be binding not only upon myself, but also on my legal representatives, heirs and assigns.

The beneficiaries of this instrument are all the Club divers, members, officers, directors and their agents and anyone who may carry out organizational activities, such as coordinate Club dives, select dive sites, or maintain or set up lines, breathing apparatus or other equipment. Any participant in a Club dive who is not a Club member shall become a beneficiary of this instrument with respect to such Club dive by signing an instrument equivalent to this one of which I am the beneficiary.

Further Explanations

In order to explain my intentions more fully (but no so as to limit anything stated above) I acknowledge the following:

(a) My intended diving activities. I am an underwater enthusiast and an experienced SCUBA diver. I intend to engage in scuba diving activities of a kind that are not necessarily condoned and may even be condemned by SCUBA training and certification organizations and that may involve extreme exposures under guidelines of organizations such as NOAA or the U.S. Navy. These kinds of diving activities may, among other things, involve dives to great depths and of long duration, multiple decompression stops, use of breathing gasses other than air; conditions of extreme cold and limited visibility, and a dangerous submarine environment such as ship wrecks; and they may require lengthy off-shore travel on small boats far from medical or other aid facilities.

_____________ Initial


(b) The Purpose of the Club. It is precisely because I wish to engage in the kind of diving that I have joined the Club (or asked to participate in a Club dive). The Club is an association of enthusiasts such as myself. It is not a training or instructional organization, notwithstanding the fact that members may share their experience or may advocate the use of particular diving techniques or equipment, perhaps even vigorously. Neither the Club as such nor it's officer, director or individual members will, or be expected to engage in any kind of planning, supervision or control of my own diving activities. While certain equipment provided by the Club or other Club members, such as lines or Oxygen, may be available for use by any participant in a dive, I am nonetheless fully responsible for my equipment, dive planning, gas consumption and decompression calculations, choice of methods for recompression, emergency procedures, methods of entering and leaving the water, and all other aspects of my safety and well-being during a Club dive.

____________ Initial

(c) Risks. The diving activities I intend to engage in involve severe risks. These include the particular risks associated with deep diving such as the physiological effects of breathing gas under pressure; hazards of the underwater environment such as currents, cold temperature, lack of visibility, physical obstacles, dangerous marine life and the like; as well as general maritime hazards associated with travel on small boats in an off-shore environment. I am well aware that the risks inherent in these activities as well as acts of omissions of other participants in a Club dive may cause physical harm to me, including permanent injury or even death, as well as damage, destruction or loss of my property. It is entirely up to me to inform myself of the risks involved and to act accordingly, and I will not rely on anyone else for my safety or well being.

______________ Initial

 

INTENDING TO BE LEGALLY BOUND, I have signed this instrument on the _________ day of ________________, 20__.

 

_________________________________
(Signature of Maker)


Subscribed and sworn to before me this _________ day of ________________, 20__.

_________________________________________
Notary Public


My Commission expires:

_______________________