LUNARFINS
JSC Skin & Scuba Diving Club
WAIVER, RELEASE
AND INDEMNITY AGREEMENT
I hereby certify that the statements made on the diver
information sheet regarding my experience, knowledge and training are correct and
I understand that my acceptance on this trip is predicated upon my assurance
that I am physically and mentally fit to engage in scuba diving, snorkeling,
and/or swimming and have sufficient training for this activity, and I fully
understand all of the risks and dangers involved and do personally and totally
assume all such risks. I understand that the trip is organized by the Lunarfins
Club but that all trip management and safety issues are solely the
responsibility of the diver himself and the dive operator providing the dive
activity, including boat and underwater safety. I further understand the
remoteness of the areas involved, and understand the problems associated with
the possible lack of adequate medical facilities, personnel, and equipment in this
area, and do hereby authorize the official trip leaders to act in my behalf, as
they see fit, at their sole discretion, in the event of my involvement in a
medical emergency and/or my incapacitation and/or death, and do hereby assume
and agree to pay to, and do hereby transfer said liability to my estate and my
heirs, any and all medical expenses, evacuation expenses, or related expenses
incurred or committed for, in or on my behalf by the trips leaders or their
agents, and do agree to hold the trip leaders or their agent(s)harmless for
such actions as they may take on my behalf as outlined above.
For and in consideration of permitting
(name)
____________________________________________________to participate in the
Lunarfins Dive Club trip to ________________________________________________beginning
on or about
[date] __________________ and
ending on or about [date] _______________ the Undersigned hereby voluntarily
Releases, Discharges, Waives and Relinquishes any and all actions or causes of
action for personal injury, including sickness and/or disease, property damage
or wrongful death occurring to the Undersigned arising out of or as a result of
engaging in any said activity or activities incidental thereto whatever or
however the same may occur and for whatever period said activities may
continue, and the Undersigned on his/her behalf and on behalf of his/her heirs,
executors, administrators, and assigns hereby Release, Waive, Discharge and
Relinquish as well as assuming the entire responsibility and liability for any
and all damages or injury of any kind or nature whatsoever including death
resulting there from whether the Lunarfins Club sometimes hereinafter referred
to as Club or its representatives are negligent. If any claims for such damage or
injury is made or asserted
whether or not the said claim is based upon the
negligence of Club, its representatives, officers, directors, or employees, the
Undersigned agrees to INDEMNIFY, HOLD HARMLESS and DEFEND Club from any and all
such claims, costs,
expenses, liability, including
legal fees and disbursements that Club may sustain, suffer or incur as a result
thereof. The Undersigned does on his/her behalf or on behalf of his/her heirs,
executors, administrators and assigns RELEASE, WAIVE and DISCHARGE and agrees
to INDEMNIFY, DEFEND and HOLD HARMLESS Club from any and all claims, demands,
actions, causes of action or liability of any kind or character whatsoever
arising from the activity engaged in and agrees that under no circumstances
will he/she or his/her heirs, executors, administrators, or assigns prosecute
or present any claim for personal injury, including sickness, and/or disease,
property damage or wrongful death against the Club or any of its officers,
directors, agents, trip leaders, members, servants, employees or in general for
any of said causes of action, whether or not caused by the negligence or
conduct of Club.
The Undersigned, realizing that the Club Diving Safety
Rules stipulate that all diving on Club trips is to be done in accordance with
training obtained outside the Club he/she has had, and accordingly therefore
he/she hereby voluntarily Releases, Discharges, Waives, and Relinquishes and
agrees to INDEMNIFY, DEFEND and HOLD HARMLESS the Club, its officers,
directors, agents, trip leaders, members, servants, employees or in general for
any and all actions or causes of actions for personal injury including sickness
and/or disease, property damage or wrongful death occurring to him/her even if
same is the result of the negligence of anyone from the Club. The Undersigned
acknowledges and agrees to abide by the Club, Official Trip Standards, a copy
of which is available to the
Undersigned and is made part of this agreement. The
Undersigned acknowledges that he/she had read the foregoing and is fully and
completely aware of the potential dangers incidental to engaging in the
activities involved in this activity, and is fully aware of the legal
consequences of signing this instrument.
Signature of Participant ____________________________________________________
Date _______________________________
Witness (Name)_____________________________________Signature
__________________________________________________
Signature of Parent or Guardian if Participant is a Minor
____________________________________________________________