SCUBA STATION OF PANAMA CITY, LLC

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND EQUIPMENT RENTAL AGREEMENT

READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.

 

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1. Parties to the Agreement and Renter's Status

 

This Agreement is made between Scuba Station of Panama City, LLC (referred to as "Scuba Station," "we," "us," or "our") and you, the Renter (referred to as "I," "me," or "my").

 

By agreeing to this document, I affirm that I am a certified scuba diver or a student diver in a scuba diving course under the direct supervision of a certified scuba instructor. I understand and agree that I will not use this equipment unless I meet these qualifications. I also affirm that I am of legal age to enter into this agreement.

 

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2. Acknowledgment of Risks

 

I understand and acknowledge that scuba diving is a physically strenuous activity and involves inherent risks of injury, death, or property damage. These risks include, but are not limited to, the following:

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• Physical exertion leading to heart attack, panic, hyperventilation, or other physical injury.

• Drowning due to equipment malfunction, misuse, or physical inability.

• Decompression sickness, embolism, or other hyperbaric injuries.

• Injuries from marine life, including bites, stings, or poisonous contact.

• Injuries caused by sudden changes in weather conditions, underwater currents, or other environmental factors.

 

I acknowledge that these risks may be caused by my own actions or inactions, the actions or inactions of other divers, the condition of the equipment, or product defects.

 

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3. Assumption of Risk

 

I hereby voluntarily and knowingly assume full responsibility for all risks of injury, death, or property damage that may occur while renting, transporting, or using equipment from Scuba Station. I understand and accept that this includes all risks, whether known or unknown, foreseen or unforeseen, and regardless of how they are caused.

 

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4. Release of Liability and Indemnity

 

In consideration for being allowed to rent scuba equipment from Scuba Station, I hereby release, waive, and forever discharge Scuba Station of Panama City, LLC, its members, employees, agents, instructors, and affiliates (collectively, the "Released Parties") from any and all claims, demands, or causes of action arising from any injury, death, or property damage that may occur to me as a result of the rental or use of the equipment. This release applies even if the injury, death, or property damage is caused by the negligence, of the Released Parties, or is a result of a product defect.

 

Furthermore, I agree to hold the Released Parties harmless and to indemnify them for any claims, lawsuits, or actions brought by me, my family, estate, heirs, or assigns that arise out of the rental and use of this equipment.

 

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5. Responsibility for Equipment and Fees

 

I agree to inspect all rental equipment before use and to report any issues or concerns to Scuba Station immediately. I specifically acknowledge that I have checked the condition of all equipment, including mouthpieces, hoses, straps, buckles, and the quality and quantity of air in any scuba tank(s) rented. I accept full responsibility for the care of the equipment while it is in my possession.

 

I agree to return the equipment in the same condition as when I received it, normal wear and tear excepted. I will be held financially responsible for the full cost of repair or replacement for any damaged, lost, or stolen equipment.

I also agree to pay a cleaning fee if the equipment is not returned in a clean condition. I understand that specific misuse may result in additional fees, including a fine for dunking a regulator without its dust cap in place or returning a tank with less than 200 PSI.

 

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6. Medical and Physical Condition

 

I represent that I am in good physical and mental health and am capable of participating in scuba diving activities. I do not have any physical, medical, or mental condition that would prevent me from safely using the rental equipment. If I have any doubts, I will consult with a physician before engaging in scuba diving.

 

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7. Binding Agreement and Severability

 

I understand that this Agreement is a legally binding contract and not a mere recital. It is my express intent that this Agreement will bind my family, estate, heirs, administrators, personal representatives, and assigns. I understand that by agreeing to this document, I am waiving my legal rights and the rights of my heirs, assigns, or beneficiaries to sue the Released Parties.

 

I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

 

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Online Agreement

 

BY CHECKING THIS BOX AND CONTINUING WITH MY RENTAL, I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS CONTENT, AND I AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT MY ACTION OF CHECKING THE BOX IS THE LEGAL EQUIVALENT OF SIGNING THIS DOCUMENT AND CONSTITUTES MY CONSENT TO ALL TERMS HEREIN.