PARTICIPANT AGREEMENT,
RELEASE
AND ASSUMPTION OF RISK
In consideration of the Sacramento Seahorse
Dive Club,
officers, volunteers, participants, and all other persons or entities
acting
in any capacity on their behalf (hereinafter collectively referred as
"SSHDC"),
I hereby agree to release, indemnify, and discharge SSHDC, on behalf of
myself, my spouse, my children, my parents, my heirs, assigns, personal
representative and estate as follows:
Acknowledge that scuba diving entails known and
unanticipated
risks that could result in physical or emotional injury, paralysis,
death,
or damage to myself, to property, or to third parties. I understand
that
such risks simply cannot be eliminated without jeopardizing the
essential
qualities of the activity.
The risks
include among other
things: Your/my equipment could be out of repair/and
or faulty; wind and waves may be encountered; your/my boat could turn
over;
you can slip or fall at any time, resulting in damaged equipment or
personal
injury; you could run out of air; you could surface too fast; exposure
to the natural element can be uncomfortable and/or harmful; you should
be aware that this exposure could cause sunburn, dehydration, heat
exhaustion,
heat stroke, and heat cramps; also prolonged exposure to cold water can
result in hypothermia; exposure to potentially dangerous wild wildlife,
sea life, insects, plants; and accidental drowning is also a
possibility.
Furthermore, dive leaders of SSHDC have a
difficult
job to perform. They seek safety, but they are not infallible. They
might
be unaware of a participant's fitness or abilities. They might misjudge
the weather or other environmental conditions. They may give incomplete
warnings or instructions, and the equipment being used might
malfunction.
I expressly agree and promise to accept and
assume all
of the risks existing in the activity. My participation in this
activity
is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntary release, forever
discharge,
and agree
to indemnify and hold harmless SSHDC from any and all claims, demands,
or causes of action, which are in any way connected with participation
in this activity or my use of SSHDC equipment or facilities, including
any such claims which allege negligent acts or omissions of SSHDC.
Should SSHDC or anyone acting on their
behalf,
be required
to incur attorney's fees and cost to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees or cost.
I certify that I have adequate insurance to
cover any
injury or damage I may cause or suffer while participating, or else I
agree
to bear the cost of such injury or damage myself. I further certify
that
I am willing to assume the risk of any medical or physical condition I
may have.
In the event that I file a lawsuit against
SSHDC, I agree
to do so solely in the state of California, and I further agree that
the
substantive law of that state shall apply in that action without regard
to the conflict of laws of that state. I agree that if any portion of
this
agreement is found to be void or unenforceable, the remaining portions
shall remain in full force and effect.
By signing this
document, I acknowledge that if
anyone
hurt or property is damaged during my participation in this activity, I
may be found by a court of law to have waived my right to maintain a
lawsuit
against SSHDC on the basis of any claim from which I
have released them
herein.
I
have had sufficient
opportunity
to read this entire document. I have read and understood it, and I
agree
to be bound by its terms. Signature of Participant:
________________________Print
Name: ____________________ Address:___________________________________________________________________ __________________________________________________________________________ Phone: ( _ ) ___ -
____________
Date: ____ / ___ / ___
PARENT'S OR GUARDIAN'S
ADDITIONAL
INDEMNIFICATION (Must be completed for participants under the age
of 18)
In consideration of
_______________________________________(print
minor's name) ("Minor") being permitted by SSHDC to participate in its
activities and to use its equipment and facilities, I further agree to
indemnify and hold harmless SSHDC from any and all Claims which are
brought
by, or on behalf of Minor, and which are in any way connected with such use or
participation
by Minor. Parent or Guardian: ______________________________
Print Name: _____________________________ Date: ____________