Get Your Dive Buddy Waiver Right Here! Red Hots! (ha)

[cowboyneal]

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT - DIVE BUDDY

I, _______________________________________ HEREBY DECLARE THAT I AM A CERTIFIED SCUBA DIVER, TRAINED IN SAFE DIVING PRACTICES, AND AM AWARE OF THE INHERENT HAZARDS OF SCUBA DIVING. I ACKNOWLEDGE THAT I AM REQUESTING ________________________ (“RELEASEE&#8221 TO BE MY “DIVE BUDDY” ON THE DATE SET FORTH BELOW.

In consideration of permitting me ___________________________ to dive with RELEASEE as RELEASEE'S BUDDY on this date, June __, 2006, I HEREBY acknowledge that SCUBA DIVING IS A POTENTIALLY DANGEROUS ACTIVITY and involves risk of serious injury and/or death and/or property damage. I FURTHER ACKNOWLEDGE that diving with compressed air and/or rebreather involves certain inherent risks: decompression sickness, embolism or other hyperbaric injuries can occur that require treatment in a recompression chamber. I FURTHER UNDERSTAND that the open water dive(s) may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such activities in spite of the possible absence of a recompression chamber or medical facilities/drugs. I DECLARE that I am in good mental and physical health for diving, that I have not had any medical condition contraindictory to diving practices, and that I am not under the influence of alcohol or drugs that are contraindicatory to diving. If I am taking medication, I declare that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I ALSO DECLARE that I am an experienced diver, and that I am not relying on RELEASEE in any way to ensure my safety during the dive: I acknowledge and agree that I am absolutely responsible for my own safety.

I HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE RELEASEE FROM ALL LIABILITY TO MYSELF, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OF DEMANDS THEREOF ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THIS OR ANY OTHER RELATED DIVING OPERATIONS THAT MAY OCCUR, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE. I HEREBY SPECIFICALLY STATE THAT RELEASEE HAS NO DUTY TO HELP ME IN ANY CIRCUMSTANCE, AND I AM NOT RELYING ON RELEASEE IN ANY WAY RELATIVE TO MY SAFETY. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, NOW AND FOREVER.

I HEREBY SEPARATELY agree to INDEMNIFY and SAVE and HOLD HARMLESS the RELEASEE from any loss, liability, damage or cost that they may incur now and forever, arising out of or related to participation in this or any other related diving activity, whether caused by the negligence of the RELEASEE or otherwise. I HEREBY acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEE and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by RELEASEE INCLUDING NEGLIGENT RESCUE OPERATIONS.

I HAVE READ this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to personally discuss and realize the potential dangers incidental to engaging in the activity of scuba diving WITH RELEASEE as my buddy.

____________________________ ____________________________
Witness

DISCLAIMER: NO ATTORNEY CLIENT RELATIONSHIP IS INTENDED TO BE FORMED BY THE READING, PRINTING, USING, COMMENTING ON OR LAUGHING AT THE ABOVE WAIVER. THIS WAS WRITTEN FOR AMUSEMENT PURPOSES ONLY, AND NO REPRESENTATION OR WARRANTY IS BEING MADE THAT THE FOREGOING WOULD BE EFFECTIVE AS A WAIVER OF LIABILITY. IN OTHER WORDS, KEEP YOUR LAWSUITS IN YOUR PANTS...

 

[Cacia]

looks good. It is consistent with "solo with solo". I am telling you, there are plenty of "us" out there to dive with. I think if you dive with someone regularly, it is not a bad idea. basically protects your kids from "their" family.

 

[Daner]

I think you have too much time on your hands... Wait a minute, how much time have I spent on ScubaBoard today? Doh!

 

[Charlie99]

If someone handed that waiver to me on a boat, my first thought would be "wow! I wonder if he's managed to kill his buddies in the past". My second thought would be, "OK, let's see who else on this boat would be a good buddy instead of this jerk".

In other words, it's a very effective waiver.

 

[minnesota01r6]

That's great until a court finds it void as contrary to public policy! (not saying they will, but it could always happen).

good stuff....I wonder if my fiance will sign that before we go diving next time?

 

[agilis]

The key sentence is the next to last. The "extent allowed by law", or, more realistically, the extent recognized by law, is very limited. For example, you can't sign away the rights of someone else, like your heirs, assigns, etc. This exceeds your powers. You also can't sign away certain of your own basic rights, and the circumstances under which such documents are signed may be relevant. Your form may be too long to be read. And suppose your dive buddy's totally illiterate, or blind?

You might also have thrown in an absolution from any religious consequences, as "I absolve the releasee from any moral transgressions and associated Divine punishment when said releasee is eventually judged by God Almighty ".

 

[Cacia]

That's great until a court finds it void as contrary to public policy! (not saying they will, but it could always happen).

good stuff....I wonder if my fiance will sign that before we go diving next time?

yea, maybe you can slip it in with the pre-nup!

 

[cowboyneal]

Some of you take all the fun out of scubaboard; most of those would probably be litigators...

 

[hlsooner]

Here is a reference for New York law, explaining some of the relevant legal considerations for waivers. The short answer is, it's very complicated.

http://www.gordon-silber.com/waivers.htm

 

[cowboyneal]

The key sentence is the next to last. The "extent allowed by law", or, more realistically, the extent recognized by law, is very limited. For example, you can't sign away the rights of someone else, like your heirs, assigns, etc. This exceeds your powers. You also can't sign away certain of your own basic rights, and the circumstances under which such documents are signed may be relevant. Your form may be too long to be read. And suppose your dive buddy's totally illiterate, or blind?

You might also have thrown in an absolution from any religious consequences, as "I absolve the releasee from any moral transgressions and associated Divine punishment when said releasee is eventually judged by God Almighty ".

Actually, that was generated from a fairly normal waiver used by many dive operations, which courts have upheld to preclude recovery. You can always waive claims and causes of action, and make that waiver binding on your heirs, etc. If not, then no settlement agreement would ever be binding, and no contract either for that matter, since no one could then rely on the fact that you bound your heirs, executors, assigns, etc. (which is normal language in many, many contracts)...so, while you make a good first year law student type point, it's just wrong...

Anyone else?

:kopfab: