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This web page consititutes a legally binding
section of any and all contracts, whether written or verbal, with
dive cozumel, its owner(s), directors, employees, contractors, volunteers
and associates (hereafter "Released"). Services and advice
offered includes, but is not necessarily limited to, supervised or
unsupervised scuba dive, snorkeling and/or fishing trips, verbal or
written advise on any matter, the purchase, rental, repair, servicing,
loaning or configurating of equipment, the transportation to and from
the dive site and any associated activity (herein after "Services").
Herein after, the "Diver" is a person, corporation or partnership,
that may include but not necessarily be limited to, an individual,
family, aquaintances or friends. In consideration of allowing the
Diver to purchase Services from dive cozumel, the Diver understands
and acknowledges the following: |
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Scuba diving takes place in a hostile environment and
thus has certain inherent dangers and risks which can never be completely
eliminated; |
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Serious personal injury or death may result on ANY scuba
dive even if all recognized safe diving procedures are followed and
the diver does everything right; |
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While use of any computer-based decompression dive computer
can enhance the diving experience, certain additional risks and dangers
exist when conducting a scuba dive with planned decompression stops; |
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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; |
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The Diver assume the risk of decompression sickness
and/or CNS oxygen toxicity, and it is Diver's responsibility to be
trained and prepared for these risks; |
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The Diver is ultimately responsible for his/her own
safety while diving; |
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Even if all warnings are followed and even if you follow
safe diving practices, decompression sickness or CNS oxygen toxicity
might occur on any given dive, causing serious personal injury or
death; |
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The Diver knowledges that he/she is fully aware of the
inherent risks and dangers of scuba 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 scuba
dive; |
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The Diver voluntarily and fully chooses to encounter
and assume any and all such risks and dangers; |
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The Diver 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; |
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The Diver 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; |
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The Diver 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 Diver's behalf; |
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This indemnity and hold harmless obligation includes
reimbursement of all legal costs and reasonable attorneys fees incurred
by Released for the defense of any such actions that may arise directly
or indirectly from the Services; |
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The Diver 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 Mexico and not the United States; |
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The Diver 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; |
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If any part of this Agreement is determined to be void
or unenforceable, the remaining provisions shall remain in effect; |
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This Agreement shall be governed by and construed in
accordance with the laws of the state of Mexico; |
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This Agreement cannot be modified unless in writing
and signed by both parties; |
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TheDiver understands this Agreement is a contract; |
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The Diver agrees to have read and understood and will
comply with the warnings noted below, and |
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The Diver has released any and all claims against Released
resulting from Diver's use of the Services. |
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WARNING
DO NOT 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, you should wait a least 24
hours.
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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
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WARNING
NEVER dive using a table cut from the any decompression software
without a backup table or computer. Ignoring this warning could
lead to serious personal injury or death.
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WARNING
Avoid repetitive square profile dives (dives to a single depth)
of over 60 feet regardless of the decompression tool used. No table,
computer, or computer software can reliably prevent decompression
sickness from such dive profiles even if mandatory decompression
if properly performed.
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WARNING
Always make a safety stop for at least 5 minutes at 15 to 20 feet
after every dive, even during shallow or no-stop dives, in accordance
with safe diving practices. Ignoring this warning could lead to
decompression sickness, serious personal injury, or death.
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WARNING
Never exceed the recommended ascent or descent rate as set forth
on your recongized dive association. on any given dive. A slower
ascent rate of 30 feet per minute is even the better. Ignoring this
warning could lead to serious personal injury or death.
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