RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
THIS IS AN IMPORTANT AGREEMENT, PLEASE READ IT CAREFULLY BEFORE SIGNING.
I hereby affirm that I am aware that freediving and scuba diving
(“activities covered by this Release”) are inherently dangerous
activities that can cause permanent injury or death, even when done
properly, cautiously and safely.
I understand that diving with compressed air involves certain inherent
risks; including but not limited to decompression sickness, embolism,
oxygen toxicity, inert gas narcosis or other hyperbaric/ air expansion
injuries that require treatment in a recompression chamber. I still
choose to proceed with such instructional dives in spite of the
possible unavailability of a recompression chamber in proximity to the
location in which I shall carry out the activities covered by this
Release, the Deep Dive Dubai diving pool.
In consideration of the services of Deep Dive Dubai LLC and/or any of
its affiliates and/or subsidiary entities, their agents, owners,
officers, volunteers, employees, participants, contractors,
subcontractors, service providers, designees, instructors, and all
other persons acting in any capacity on their behalf, the
manufacturers of equipment utilised for the activities covered by this
Release, and any other landowners, property owners, tenants and
sponsors connected with the activities covered by this Release
(hereinafter collectively referred to as “Deep Dive Dubai”), on behalf
of myself, my family, representatives, estate, heirs, assigns,
successors and executors, I hereby unconditionally agree as follows:
-
RELEASE OF LIABILITY I hereby fully RELEASE AND
DISCHARGE my instructor(s) and Deep Dive Dubai LLC from any
liability, claims, demands or causes of action whatsoever arising
out of any damage, loss or injury or damages (whether bodily or
emotional), or my property, or my disfigurement, paralysis or death,
while preparing to participate and/or participating in any of the
activities covered by this Release, whether resulting from the
negligence or other fault, act or omission, either active or
passive, direct or indirect, of any party, including Deep Dive
Dubai, or from any other cause. Should I observe any significant
hazards during my presence or participation in the activities
covered by this Release, I will remove myself from the activity and
notify the nearest official immediately.
-
ASSUMPTION OF RISK I understand, acknowledge and
accept that my participation in the activities covered by this
Release entails certain known and unanticipated risks and dangers
that cannot be foreseen. I understand that these risks include, but
are not limited to: equipment malfunction or failure to function;
defective or negligent design or manufacture of equipment; improper
or negligent operation, maintenance or use of equipment;
carelessness or negligence of instructors and equipment operators;
falling on or being impacted by other participants; slippery or wet
equipment; impacting the ground and/or apparatus and/or pool props
and/or associated mechanical structures; displaced safety equipment;
general slips/trips/falls or painful crashes while using any of the
equipment or the premises at large; operating out of control or
beyond my or another participants’ limits; the negligence of other
visitors who may be present; participants giving or following
inappropriate advice; and my own negligence or inexperience. I
voluntarily, freely, expressly and unconditionally choose to assume
all of the risks associated with the activities covered by this
Release, including but not limited to, all risks set out in this
paragraph, and expressly understand that those risks may include
bodily, emotional, mental, and personal injury, illness, heart
attack, panic, hyperventilation, drowning, shallow water blackout or
other forms of unconscious response, fatigue, exhaustion,
decompression sickness, embolism, oxygen toxicity, narcosis induced
disorientation, hyperbaric/air expansion injury, ear/ear drum
injury/rupture as well related barotrauma injuries, sinus injury,
damage, loss, damage to property, disability, disfigurement,
paralysis or death to myself or to third parties. I understand all
time spent in an underwater dry habitat is under pressure and is the
same as time spent underwater. I understand that diving within an
overhead area prevents my direct ascent to the surface and that I
undertake such risks voluntarily and on my own volition. I
understand that different breathing gasses have different depth
limits and that I will be fully informed and trained before
undertaking use of any breathing gas and that I will personally
analyze these gasses and honor all depth limits therein associated.
I voluntarily and freely choose to assume such risks and take all
responsibility in respect of such risks, whether or not described
above, no matter what the circumstances of the accident and/or
injury.
-
AGREEMENT NOT TO SUE I agree never, at any time now
or in the future, to institute any lawsuit or cause of action
against Deep Dive Dubai or anyone else claiming on my behalf, or
initiate or to assist in the prosecution of any claim for damages in
respect of injury to person or property, or my death, or any other
loss or damage howsoever occasioned arising from the activities
covered by this Release, whether caused by the act, omission,
negligence or fault, active or passive, direct or indirect or from
any other cause, in any jurisdiction including without limitation
any court in Dubai or United Arab Emirates.
-
PHYSICAL CONDITION I confirm that I have read,
understood and completed the Medical Statement to the best of my
knowledge. I certify that I am fully aware of my own physical
limitations and have not been advised by a qualified medical
professional not to participate in the activities covered by this
Release and/or activities of a similar nature. I warrant that I do
not suffer from any medical condition(s) or health-related
problem(s) that preclude participation in the activities covered by
this Release or which may result in me potentially being in a
position of risk. I have not taken any alcoholic beverages, drugs,
medicines or substances within the last 12 (twelve) hours which may
impair my motor and visual skill, or cause any other impairment. I
will avoid traveling to a high altitude for at least 24
(twenty-four) hours after participating in the activities covered by
this Release, including avoiding sky diving, undertaking air travel
and/or ascending to a high altitude floor of a high-rise building. I
confirm that I am physically fit and capable of undertaking the
activities covered by this Release. Deep Dive Dubai will not make an
evaluation or recommendation as to my physical limitations, and I
will not construe any statement or action by Deep Dive Dubai as an
evaluation of, or a recommendation as to, my physical limitations,
with respect to whether I am physically fit to participate in the
activities covered in this Release. I agree to abide by the decision
of Deep Dive Dubai’s official or agent regarding my participation in
the activities covered by this Release. It is my responsibility to
immediately advise a member of staff of any condition that may occur
to me and that I will immediately cease further participation in the
activity. I irrevocably authorize that efforts be made to secure
medical treatment for me and consent to all medical treatments and
invasive procedures necessary or convenient in order to cure,
stabilize or protect my life and wellbeing. I personally guarantee
the payment of any cost or expense related to my medical treatment
and/or the medical treatment of any person injured as a result of my
participation in the activities covered by this Release.
-
WAIVER OF CLAIMS AND INDEMNITY I understand that by
signing this Release, I voluntarily release, forever discharge and
agree to indemnify and hold harmless Deep Dive Dubai from and
against any and all liabilities, claims, losses, demands, or causes
of action, or proceedings of any kind and character, which are in
any way connected with my participation in the activities covered by
this Release, including such claims that allege negligent acts or
omissions of Deep Dive Dubai. Should Deep Dive Dubai or anyone
acting on their behalf, be required to incur attorney’s costs and
fees to enforce this Release, I agree to indemnify and hold harmless
for all such fees and costs. I additionally agree to indemnify Deep
Dive Dubai against any legal cost, medical cost and any other
expense arising from any and all injuries, liabilities or damages
from my participation in the activities covered by this Release.
-
WAIVER OF RIGHTS I understand that by signing this
Release, I am giving up important legal rights, and it is my intent
to do so and I do so of my own free will and with full
acknowledgement of, and agreement to, the terms and conditions in
this Release.
-
TRAINING I understand that prior to participating
in the activities covered by this Release, I shall receive a safety
briefing. I warrant the thoroughness and completeness of any
training and/or briefing I receive by voluntarily participating in
the activities covered by this Release. I agree not to manipulate or
interfere in any way with the infrastructure or equipment used in
the activities covered by this Release including, but not limited
to, underwater cameras, speakers and lighting systems, cabling and
related fixtures, pool equipment, mechanical infrastructure,
underwater habitats at 21m and 6m, and inappropriate disassembly of
diving equipment, and I shall obey the instructions and safety
warnings issued by Deep Dive Dubai at all times.
-
ENTIRE AGREEMENT I understand this Release contains
the entire understanding and undertaking by me in respect of the
activities covered by this Release and the terms of this Release are
contractual and not a mere recital and that Deep Dive Dubai is
entitled to rely on this Release for its benefit. I confirm that I
am of lawful age and legally competent to sign this Release. I
understand that this Release can and will be used in court, and that
agreements like this one have been upheld by courts in similar
circumstances. I further agree that if any provision of this Release
is found to be unenforceable or invalid, that provision shall be
severed from this Release. The remainder of this Release will then
be construed as though the unenforceable provision had never been
contained herein.
-
WAIVER OF CONTRACT DEFENSES I understand that this
Release is a binding contract pursuant to which I have released any
and all claims against Deep Dive Dubai resulting in any way from my
participation in the activities covered by this Release, INCLUDING
ANY CLAIMS CAUSED BY THE NEGLIGENCE OR CONTRIBUTORY NEGLIGENCE OF
DEEP DIVE DUBAI, as set forth in this Release.
-
CONTINUATION OF OBLIGATIONS I agree that the terms
and conditions of this Release shall continue in full force and
effect now and in the future at all times including (without
limitation) during the period when I participate, either directly or
indirectly, in the activities covered by this Release, and shall be
binding upon myself, executors, administrators, personal
representatives, and/or anyone else claiming on my behalf. This
Release supersedes and replaces any prior agreement between the
Release and myself.
-
PHOTO & VIDEO RELEASE I hereby grant Deep Dive
Dubai and its legal representatives and assigns (hereinafter
collectively referred to as the “Photographer”), the irrevocable and
unrestricted right to capture, film, photograph, use and publish
photographs, images or audio-visual clips of me, or in which I may
be included, with respect to my participation in the activities
covered by this Release for editorial, trade, advertising and any
other purpose and in any manner and medium and in any jurisdiction,
to alter the same without restriction, and to copyright the same.
This includes any and all uses that the Photographer deems are
necessary or desirable. I agree that any photographs, images or
audio-visual clips purchased by me from the Photographer are for
personal use only and may not be used for commercial gain, and that
I may request commercial licensing information from Deep Dive Dubai
by contacting info@deepdivedubai.com if I wish to use any
photographs, images or audio-visual clips for that purpose. I hereby
hold harmless and release and forever discharge the Photographer
from all claims, demands and liability relating to any such
photographs, images or audio-visual clips of me.
-
JURISDICTION I agree and accept that this Release,
and any matter, claim, suit, litigation or legal proceeding arising
under this Release (including its interpretation, validity and
construction) shall be governed by and subject to the laws of Dubai
(excluding DIFC Courts) and the applicable Federal laws of the
United Arab Emirates (the “Laws”), and the Laws shall apply to
issues involving the construction, interpretation and validity of
the Release, and that the Laws shall govern any dispute arising from
or related to this Release or the activities covered by this
Release. Should this Release be violated and a suit be brought
against Deep Dive Dubai, I hereby waive my right to a trial in any
or all jurisdictions, including but not limited to the Courts of
Dubai.
WITHOUT LIMITATION, I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ
THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL
LIABILITY…
With my signature below, I confirm that I have read the Release, been
given the opportunity to review the terms and conditions, ask
questions, considered its effects, understand its content, given true
information, and agree fully to the terms as stated above.
Agreement Signature:
MEDICAL STATEMENT
Participant record - confidential information
PLEASE READ CAREFULLY BEFORE SIGNING
This is a statement in which you are informed of some potential risks
involved in scuba or freediving and of the conduct required of you
during the scuba or freediving activity. Your signature on this
statement is required for you to participate in the scuba or
freediving activity offered by DEEP DIVE DUBAI. Read
this statement prior to signing it. You must complete this Medical
Statement, which includes the medical questionnaire section, to enroll
in the scuba or freediving activity. If you are a minor, you must have
this Statement signed by a parent or guardian.
Diving is an exciting and demanding activity. When performed
correctly, applying correct techniques, it is relatively safe. When
established safety procedures are not followed, however, there are
increased risks.
To dive safely, you should not be extremely overweight or out of
condition. Diving can be strenuous under certain conditions. Your
respiratory and circulatory systems must be in good health.
All body air spaces must be normal and healthy. A person with
coronary disease, a current cold or congestion, epilepsy, a severe
medical problem or who is under the influence of alcohol or drugs
should not dive. If you have asthma, heart disease, other chronic
medical conditions or you are taking medications on a regular basis,
you should consult your doctor and the instructor before participating
in this program, and on a regular basis thereafter upon completion.
You will also learn from the instructor the important safety rules
regarding breathing and equalization while diving. Improper use of
dive equipment can result in serious injury. You must be thoroughly
instructed in its use under direct supervision of a qualified
instructor to use it safely.
If you have any additional questions regarding this Medical Statement
or the Medical Questionnaire section, review them with your instructor
before signing.
DIVERS MEDICAL QUESTIONNAIRE
The purpose of this Medical Questionnaire is to find out if you should
be examined by your doctor before participating in diving activity. A
positive response to a question does not necessarily disqualify you
from diving. A positive response means that there is a preexisting
condition that may affect your safety while diving and you must seek
the advice of your physician prior to engaging in dive activities.
Please answer the following questions on your past or present medical
history with a YES or NO. If you are
not sure, answer YES. If any of these items apply to
you, we must request that you consult with a physician prior to
participating in scuba or freediving activities. Your instructor can
supply you with an RSTC Medical Statement and Guidelines for a
physical examination to take to your physician.
The information I have provided about my medical history is
accurate to the best of my knowledge.
I agree to accept responsibility for omissions regarding my failure
to disclose any existing or past health condition.
Today's Date: October 23, 2026