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. Any payment for education is fully earned once class has begun and/or materials have been disbursed. Payment for destination classes or events are fully earned (15) fifteen days after purchase date. 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.