AQUANAUTS SCUBA ACADEMY
provides the finest in professional customer care and client relations
(herein after “AQUANAUTS”). This web page constitutes a legally binding
section of any and all contracts, whether written or verbal, with AQUANAUTS,
its owner(s), directors, employees, contractors, volunteers and associates
(herein after “Released”). Services and advice offered includes, but is not
necessarily limited to, supervised or unsupervised aquatic dive; snorkeling
and/or site viewing trips; verbal or written advise on any matter; the
purchase, rental, repair, servicing, loaning or configuration of equipment;
the transportation to and from the dive site; and any associated activity
(herein after “Services”). Related such Services include but are not limited
to Self Contained Underwater Breathing Apparatus (S.C.U.B.A.); Semi-Closed or
Closed Circuit Breathing Apparatus; Rescue & Recovery Black-Water Submersion;
Technical Mixed-Gas Submersion; and Extended Range Saturation Submersion.
Return policy of any said Services is to be reported in writing, acknowledged
by Released, and replaced or refunded within (15) fifteen days from the time
Services were rendered. Any and all claims after term will be null and void
warrantee of said Return Policy. Herein after, the “Diver” or “Participant” is
a person, corporation or partnership; which may include but not necessarily be
limited to; an individual, family, acquaintances or friends. In consideration
of allowing the Diver or Participant to purchase Services from AQUANAUTS, the
Diver or Participant understands and acknowledges the following:
·
Diver acknowledges ultimately being responsible for his/her own safety while
diving in the aquatic environment.
·
Diver acknowledges diving takes place in a hostile environment and thus has
certain inherent dangers and risks which can never be completely eliminated.
·
Diver acknowledges serious personal injury or death may result on ANY dive
even if all recognized safe diving procedures are followed and the diver does
everything right.
·
Diver acknowledges while use of any computer-based decompression dive computer
can enhance the diving experience, certain additional risks and dangers exist
when conducting a dive with planned decompression stops.
·
Diver acknowledges while good training, good equipment, and the proper safety
conscious attitude can minimize the risks of decompression diving, the risks
of serious personal injury or death remain.
·
Diver acknowledges and assumes the risk of decompression sickness or illness;
and/or CNS oxygen toxicity, and it is the Diver's responsibility to be trained
and prepared for these risks.
·
Diver acknowledges even if all warnings are followed and even if you follow
safe diving practices, decompression sickness or illness, or CNS oxygen
toxicity might occur on any given dive, causing serious personal injury or
death.
·
Diver acknowledges that he/she is fully aware of the inherent risks and
dangers of diving in general, and the risks of decompression diving in
particular, and knows and understands that serious personal injury or death
may result at any time on any dive.
·
Diver acknowledges voluntarily and fully chooses to encounter and assume any
and all such risks and dangers.
·
Diver acknowledges and releases, waives, and discharges Released from any
liability whatsoever resulting from personal injury or death sustained while
engaged in or using the Services, even if such serious personal injury or
death is caused by the negligence of Released or defective condition of
equipment purchased, rented, repaired, serviced or loaned.
·
Diver acknowledges and agrees not to sue Released for personal injury or
wrongful death arising from use of Services, and Diver agrees that his/her
heirs or executors are also prevented from suing Released on similar grounds.
·
Diver acknowledges and agrees to indemnify and hold harmless Released from any
and all claims or losses arising out of the use of Services that may be
initiated by Diver and/or any other person or organization on the Diver's
behalf.
·
Diver acknowledges this indemnity and hold harmless obligation includes
reimbursement of all legal costs and reasonable attorney(s) fees incurred by
Released for the defense of any such actions that may arise directly or
indirectly from the Services.
·
Diver acknowledges and agrees that any and all claims against Released not
effectively released or waived by this Agreement arising out of or related to
Diver use of the Services will be brought in the Courts of the
United States
.
·
Diver acknowledges and agrees that any claim whatsoever arising out of using
the Services will be brought within one year of the date the Incident or
accident leading to said claim occurred, and that no action in any forum or
jurisdiction may be made or maintained after the one year anniversary of that
date.
·
Diver acknowledges if any part of this Agreement is determined to be void or
unenforceable, the remaining provisions shall remain in effect; This Agreement
shall be governed by and construed in accordance with the laws of the
United States
.
·
Diver acknowledges this Agreement cannot be modified unless in writing and
signed by both parties; which Diver understands this Agreement is a contract.
·
Diver acknowledges and agrees to have read and understood and will comply with
the warnings noted below, and Diver has released any and all claims against
Released resulting from the Diver's use of the Services.
WARNING
NEVER attempt to fly after making any decompression dive until at least 24
hours after the end of the dive. Because there is no hard and fast rule
regarding flying after diving that can prevent all cases of decompression
sickness or illness, you should wait a least 24 hours.
WARNING
NEVER attempt repetitive decompression dives (decompression dives made within
24 hours of each other). Repetitive decompression dives greatly increase the
risk of decompression sick or illness; and the possibility of serious personal
injury or death.
WARNING
NEVER dive using a table cut from any decompression software without a backup
table or computer. Ignoring this warning could lead to decompression sickness
or illness, and/or serious personal injury or death.
WARNING
ALAWYS avoid repetitive square profile dives (dives to a single depth) of
over 60fsw/18msw regardless of the decompression tool or device used. No
table, computer, or computer software can reliably prevent decompression
sickness or illness from such dive profiles even if mandatory decompression
stops are properly performed.
WARNING
ALWAYS make a safety stop for at least 5 minutes at 15fsw/5msw to 20fsw/6msw
after every dive, even during shallow or no-decompression stop dives, in
accordance with safe diving practices. Ignoring this warning could lead to
decompression sickness or illness, and/or serious personal injury or death.
WARNING
NEVER exceed the recommended ascent or descent rate as set forth by your
recognized dive association on any given dive. A slower ascent rate of
30fsw/10msw per minute is highly recommended. Ignoring this warning could lead
to serious personal injury or death.
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