Exos Dive Club Membership Agreement

This Exos Dive Club Membership Agreement is a document of understanding, and limitation of liability, between the Exos Dive Club member (hereinafter referred to as MEMBER) and the Exso Dive Club, Exos Dive and its subsidiaries (hereinafter referred to as Exos Dive Club). This agreement, when signed by the MEMBER and accepted by Exos Dive Club, together with the duly constituted Exos Dive Club Rules, is the basis for all Exos Dive Club actions and activities relating to the MEMBER. If any term or condition of this agreement is in conflict with any provision of the Exos Dive Club Rules, their terms and conditions shall take precedence.

Definitions:

The term Exso Dive Club,, as used in this agreement, refers to the entity known as the Exos Dive Club including its elected officers, appointed representatives, and the aggregate of all Exos Dive Club members. The term MEMBERSHIP, as used in this agreement, refers to the aggregate of all Exos Dive Club members, including the elected officers and appointed representatives. The term MEMBER, as used in this agreement, refers to the undersigned Exos Dive Club MEMBER. DIVING QUALIFICATION: The Exos Dive Club is a social club, the members of which share a common interest in the sport of scuba diving. As a condition of membership, the MEMBER represents that he/she has been certified as a scuba diver by a nationally recognized dive training agency. The MEMBER understands and acknowledges that Exos Dive Club has not judged his/her abilities or qualifications to participate in the sport of scuba diving, or in any particular Exos Dive Club diving activity. The MEMBER agrees that he/she is solely responsible for gathering information pertaining to any Exos Dive Club diving activity, judging the accuracy and completeness of this information, including the accuracy and completeness of any information provided by Exos Dive Club, and for using this information to assess his/her abilities and qualifications to participate in any Exos Dive Club diving activity.

Safety:

The MEMBER understands and acknowledges that scuba diving is an inherently dangerous activity and participation in such activity may result in injury, permanent physical impairment, or death. The Exos Dive Club, as a matter of club policy, desires to promote the general safety of scuba diving. To this end, Exos Dive Club has a Dive Coordinator as well as Club Rules pertaining to diving safety. The MEMBER understands and acknowledges, however, that he/she is solely responsible for his/her safety. This includes, but is not limited to, the responsibility for analysis of the diving conditions, such as visibility, depth, and current; development and analysis of a dive plan or proposed dive plan; selection and condition of personal dive equipment; selection of and judging the adequacy of any dive buddy or dive group; selection of the proper dive procedures to be used on a particular dive; selection of, and judging the adequacy of, training and/or equipment of a dive boat and/or its crew, or of other diving facilities. The MEMBER’S responsibility shall further include, but is not limited to, the selection of, or judging the adequacy of, any non-diving facilities or of any air, sea, or ground transportation associated with any club activity.

Exos Dive Club Sponsored Dive’s: 

The Exos Dive Club organizes dive trips, locally and to foreign locations, for the benefit of the MEMBERSHIP. The MEMBER understands and acknowledges that Exos Dive Club is acting only as an organizer and coordinator for the convenience of the MEMBERSHIP, and not as an agent, or insurer, of the MEMBER. The Exos Dive Club does NOT represent or warrant that a dive resort or dive facility, air, sea, or ground transportation will be as expected; or that the expected services will actually be delivered; or that the safety facilities or procedures will be adequate; or that medical facilities or supplies will be adequate or available. It is agreed that the MEMBER is solely responsible for determining the financial and physical risks associated with a Exos Dive Club sponsored dive and that by participation in such a dive, the MEMBER agrees to assume all risks, including those stated above.

Other Exos Dive Club Activities:

The Exos Dive Club may organize non-diving activities for the benefit of the MEMBERSHIP. The Exos Dive Club does NOT represent or warrant that these activities are suitable for the MEMBER, or that any expectations of the MEMBER will be fulfilled. It is agreed and acknowledged that the MEMBER is solely responsible for determining the suitability of such activities for him/her.

Limitation of Liability:

The MEMBER shall, and hereby does, for himself/herself, personal representatives, and any and all others who would claim by, through, or under him/her release and hold harmless the Exos Dive Club, Exos Dive, California Ocean Sports LLC, its elected officers, appointed representatives and individual MEMBERS from all expense and liability for damages and/or injuries sustained by the MEMBER arising from the MEMBER’S participation in any Exos Dive Club activity. This release shall also include any damages or injuries sustained by the MEMBER resulting from any Good Samaritan efforts by a dive buddy or dive group or by any Exos Dive Club elected officer, appointed representative, or individual MEMBER.

BY THIS INSTRUMENT AGREE TO EXEMPT & RELEASE: California Ocean Sports LLC, Exos Dive, Exos Dive Club& THE ORGANIZERS & PROMOTERS OF THIS EVENT, & PADI AMERICAS, INC. & ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF & MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE & ACKNOWLEDGEMENT & LIABILITY RELEASE & ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF & MY HEIRS. I UNDERSTAND & AGREE THAT THIS RELEASE OF LIABILITY IS BINDING & REQUIRED AS A CONDITION OF MEMBERSHIP, & SHALL BE IN EFFECT AT ALL TIMES OF MY PARTICIPATION IN CLUB ACTIVITIES &/OR EVENTS, & THAT IT MAY BE REVOKED AT THE DISCRETION OF California Ocean Sports LLC, Exos Dive & Exos Dive Club IF MY ABILITIES/SAFETY/DIVE PERFORMANCE BECOME COMPROMISED OR I AM CONSIDERED TO BE COMPROMISING THE SAFETY OF OTHERS.

Signature of Member:                                                                                        Date:

Signature of Exos Dive Club Representative:                                                   Date: