EQUIPMENT RENTAL AND LIABILITY RELEASE AGREEMENT

In consideration of the rental of this equipment, I hereby agree as follows: I accept for use AS IS the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental site. I agree to return all rented equipment by the agreed date. If at any time this equipment does not seem to be working properly, I will stop using it immediately and return it for inspection and possible replacement, repair or adjustment.

I understand that the sports of scuba diving, snorkeling, surfing, and other ocean recreational activities involve inherent and other risks dangers and hazards, which can result in serious PERSONAL INJURY OR DEATH. While I acknowledge and agree that no equipment can eliminate or prevent this risk, I voluntarily agree to expressly assume and accept any and all known and unknown risks of injury or death that may result from or which relate in any way to the use of this equipment. I further recognize that the risks inherent in ocean recreational activities can be greatly reduced by carefully following instructions for the use of the rental equipment and using common sense at all times.

I AGREE TO RELEASE, whether in the present or in the future, to the fullest extent allowed by law, the equipment rental site/shop , its employees, owners, affiliates, agents, officers, directors, and the manufacturers and distributors of this equipment (collectively “PROVIDERS”), from all liability for injury, death, property loss and damage which results from the equipment user’s participation in an ocean recreational activities, or is in any way related to use off this equipment, including all liability which results from the NEGLIGENCE or BREACCH OF CONTRACT of PROVIDERS, or any other person or cause.

                        I further agree to defend ad indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of this equipment.

This agreement is governed by the applicable law of this state or province. This document is a LEGALLY BINDING CONTRACT, which supersedes any other agreements of representations by or between the parties and which is intended to provide a comprehensive release of liability, but is not intended to provide a comprehensive release of liability, but is not intended to assert any claims or defenses which are prohibited by law.

If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect. BINDING EFFECT OF AGREEMENT: In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives. ENTIRE AGREEMENT: In entering into this Agreement, I am not relying upon any oral or written representation other than what is set forth in this Agreement and the Instruction Manual provided to me with the equipment, if any.