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Equipment Waiver

Rental Equipment Waiver

GENERAL LIABILITY RELEASE AND WAIVER OF CLAIMS

For Certified Divers Renting Scuba Equipment

Sunshine State Scuba LLC


PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT.


This General Liability Release and Waiver of Claims (“Agreement”) is entered into by the undersigned certified scuba diver (“Renter”) in favor of Sunshine State Scuba LLC (“Company”), its owners, employees, agents, and affiliates.

1. Acknowledgment of Risk


I acknowledge that scuba diving and the use of scuba diving equipment involve inherent risks, including but not limited to drowning, decompression sickness, embolism, marine life injuries, equipment failure, and other dangers, which may result in serious injury or death. I am a certified diver trained in the safe use of scuba equipment and accept full responsibility for my own safety while using rented equipment.


2. Assumption of Risk


I voluntarily assume all risks, known and unknown, associated with the use of the rented equipment. I understand that the Company does not supervise the dive or guarantee the safety of any dive site, water conditions, or my dive plan.


3. Release of Liability


In consideration of being permitted to rent scuba equipment from Sunshine State Scuba LLC, I, for myself, my heirs, legal representatives, and assigns, hereby release and discharge the Company and its personnel from any and all claims or liability for personal injury, death, property damage, or other losses arising from or connected to the use of the rented equipment, whether caused by negligence or otherwise.


4. Equipment Inspection and Responsibility


I agree to inspect all equipment before use and immediately notify the Company of any concerns. I accept the equipment “as-is” and assume full responsibility for its care and proper use. I agree to return the equipment in the same condition as it was rented and to pay for any damage, loss, or cleaning fees.


5. Medical Certification


I certify that I am in good physical health and medically fit to engage in scuba diving activities. I am not under the influence of alcohol, drugs, or medication that may impair my judgment or physical ability.


6. Certification Requirement


I affirm that I am a certified diver and will not allow uncertified individuals to use any of the rented equipment. I understand that doing so may result in termination of rental privileges and additional liability.


7. Indemnification


I agree to indemnify and hold harmless the Company from any claims, damages, losses, or expenses (including legal fees) arising out of my use or misuse of the equipment, including third-party claims.


8. Governing Law


This Agreement shall be governed by the laws of the State of Florida, and any disputes shall be resolved in the courts of that jurisdiction.


I HAVE READ AND UNDERSTAND THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN LEGAL RIGHTS.

Certification Agency
Certification Level
Guided Dive Waiver

Guided Dive Waiver

GENERAL LIABILITY RELEASE AND WAIVER OF CLAIMS

For Certified Divers Participating in a Guided Scuba Dive Tour

Sunshine State Scuba LLC


PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT.


This General Liability Release and Waiver of Claims (“Agreement”) is entered into by the undersigned certified scuba diver (“Participant”) in favor of Sunshine State Scuba LLC (“Company”), its owners, employees, agents, contractors, and affiliated personnel.

1. Acknowledgment of Risk


I acknowledge that scuba diving involves inherent risks, including but not limited to decompression sickness, embolism, marine life injuries, drowning, equipment failure, and other unpredictable dangers. I affirm that I am a certified scuba diver trained in the proper use of scuba equipment and procedures and that I understand these risks.


2. Assumption of Risk


I voluntarily choose to participate in the guided scuba dive tour provided by Sunshine State Scuba LLC, understanding the risks involved. I accept and assume all risks of personal injury, illness, property damage, or loss, including death, arising from or related to scuba diving activities, whether foreseen or unforeseen.


3. Release of Liability


In consideration of being allowed to participate in the guided scuba dive tour, I, on behalf of myself, my heirs, assigns, and legal representatives, hereby release and discharge Sunshine State Scuba LLC and its officers, employees, instructors, dive guides, and agents from any and all liability, claims, demands, or causes of action for personal injury, property damage, wrongful death, or any other loss resulting from or arising out of my participation in the dive tour, whether caused by negligence or otherwise.


4. Medical Fitness


I certify that I am physically fit to participate in scuba diving and have not been advised otherwise by a medical professional. I am not under the influence of alcohol, illegal substances, or any medication that could impair my ability to dive safely.


5. Equipment Responsibility


I accept full responsibility for the care and return of any rental equipment provided by Sunshine State Scuba LLC. I agree to use the equipment properly and notify the staff of any malfunctions or concerns before the dive.


6. Compliance with Instructions


I agree to follow all safety instructions, dive plans, and directions provided by the dive guide or Company staff. I understand that failure to follow such instructions may result in injury or termination of my participation without refund.


7. Photography and Media Release


I grant Sunshine State Scuba LLC permission to use any photographs, videos, or recordings taken during the dive for promotional or commercial purposes without compensation.


8. Governing Law


This Agreement shall be governed by and interpreted under the laws of the State of [Insert State], and any legal action related to this Agreement shall be brought in that jurisdiction.


9. Severability


If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.


I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS FORM, I AM WAIVING IMPORTANT LEGAL RIGHTS.

Certification Agency
Certification Level
Course Waiver

Student Waiver

GENERAL LIABILITY RELEASE AND WAIVER OF CLAIMS

For Participation in a Scuba Training and/or Certification Program

Sunshine State Scuba LLC


PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT.


This General Liability Release and Waiver of Claims (“Agreement”) is entered into by the undersigned student (“Participant”) in favor of Sunshine State Scuba LLC (“Company”), its owners, employees, agents, contractors, and affiliated personnel.

1. Acknowledgment of Risk


I hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving activities.


Further, I understand that diving with compressed air or oxygen enriched air (nitrox) involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries or other barotrauma/hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that the open water diving trips, which are necessary for training and certification, may be conducted at a site that is remote, either by time of distance or both, from such a recompression chamber. I still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site.


I understand that these activities may place me deeper than I am able to safely execute a free (without breathing gas) ascent from


I understand that I may be required to furnish my own equipment and that I am responsible for its operating condition and maintenance.

2. Assumption of Risk


In consideration of being allowed to enroll in this course, I hereby personally assume all risks in connection with said course, for any harm, injury, or damage that may befall me while I am enrolled as a student of this course, including all risks connected therewith, whether foreseen or unforeseen.


I also understand that diving activities are physically strenuous and that I will be exerting myself during this diving course, and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold the above listed individuals or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said course and Released Parties for any such injuries incurred by me.

3. Release of Liability


I understand and agree that neither Sunshine State Scuba LLC, my Instructor(s), the agency by which I am being certified, nor the officers, directors, shareholders, affiliated companies, employees, agents, or assigns of the above listed entities and/or individuals, nor the authors of any materials including texts and tables expressly used for training and certification (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this diving class or as a result of the negligence of any party, including the Released Parties, whether passive or active.


4. Indemnification


I further agree to save, defend, indemnify, and hold harmless said course and Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my enrollment and participation in this course including both claims arising during the course or after I receive my certification even if such claims may be groundless, false or fraudulent.

5. Medical Fitness


I certify that I am physically fit to participate in scuba diving and have not been advised otherwise by a medical professional. I am not under the influence of alcohol, illegal substances, or any medication that could impair my ability to dive safely and have supplied to required Medical Questionnaire.


6. Compliance with Instructions


I agree to follow all safety instructions, dive plans, and directions provided by the dive guide or Company staff. I understand that failure to follow such instructions may result in injury or termination of my participation without refund.


I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian.

7. Governing Law


This Agreement shall be governed by and interpreted under the laws of the State of Florida, and any legal action related to this Agreement shall be brought in that jurisdiction.


8. Severability


I understand that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.


IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT AND RELEASE MY INSTRUCTORS, AND OTHERS, SUNSHINE STATE SCUBA LLC, THE TRAINING AGENCY, AND INTERNATIONAL TRAINING AND SCUBA DIVING INTERNATIONAL, AND ALL OTHER RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS.

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