Surface Supplied Air diving with BLU3 NEMO and NOMAD products is a fun and exciting way to explore the shallow depths of the underwater world. As with any underwater adventure that relies on air delivery equipment there are inherent risks that may result in serious illness, injury or death. Each NEMO diver assumes these inherent risks regardless of experience, age or environment just as swimmers and scuba divers assume these risks in supervised and unsupervised settings, at pools, open water, around watercraft and other water hazards. In consideration of using BLU3 dive gear the OWNERS/USERS expressly agree to the terms and conditions of this Assumption of Risk Liability Release, Wavier and Hold Harmless Agreement, (herein referred to as AGREEMENT).
“OWNERS/USERS” shall refer collectively to the following: each individual owner of a NEMO/NOMAD and BLU3 products, each individual user of a NEMO/NOMAD or BLU3 products, any person who suffers loss in the form of property damage, illness, injury, or death, including but not limited to family, heirs, assigns, entities or anyone who may have a claim, cause of action, legal right or other remedy as a consequence of property damage, illness, injury or death as a result of using BLU3 products.
“RELEASED PARTIES” shall refer collectively to the following: BLU3, Inc., Brownies Marine Group, Inc., including but not limited to their respective manufacturers, assemblers, distributors, retailers, service centers, owners, employees, representatives, agents, independent contractors, affiliates, consultants, investors, insurers, assigns, successors, and any other person or entity that may be liable to OWNERS/USERS for property damage, illness, injury or death as a result of a BLU3 product.
VOLUNTARY PARTICIPATION & INFORMED CONSENT: OWNERS/USERS voluntarily and with informed consent participate in activities using NEMO/NOMAD and BLU3 products with the understanding there are inherent risks of property damage, illness, injury and death associated with their use.
OWNERS/USERS EXCLUSIVELY BEAR THE FOLLOWING RESPONSIBILITIES:
ASSUMPTION OF RISK: Each OWNER/USER of NEMO/NOMAD and BLU3 products expressly assumes full and complete risk of property damage, illness, injury and death as a result of use of RELEASED PARTIES equipment, failure to warn, inadequate instructions and/or product liability due to maintenance failure, defect or implied warranty. OWNERS/USERS expressed assumption of risk extend to each and every diver, person and/or entity that may suffer loss due to property damage, illness, injury or death associated with use of any RELEASED PARTIES products.
WAIVER & RELEASE OF LIABILITY: OWNERS/USERS expressly WAIVE and RELEASE the RELEASED PARTIES all liability and responsibility whatsoever resulting in property damage, illness, injury or death caused by negligence including gross negligence by the RELEASED PARTIES, whether the negligent act(s) were passive or active, direct or indirect, to the fullest extent allowed by law, even if WAIVING and RELEASING the RELEASED PARTIES is socially unacceptable or generally against public expectations. By signing this AGREEMENT the OWNERS/USERS expressly, completely and unconditionally agree not to sue the RELEASED PARTIES for negligence resulting in property damage, illness, injury or death.
HOLD HARMLESS & INDEMNIFICATION: OWNERS/USERS agree to HOLD HARMLESS and INDEMNIFY the RELEASED PARTIES from all claims, causes of action or lawsuits, arising from use of BLU3 products, including but not limited to the NEMO/NOMAD surface supplied air diving systems. This AGREEMENT obligates OWNERS/USERS to pay all costs to investigate, defend, pay judgments, court costs, attorneys’ fees, etcetera incurred by RELEASED PARTIES to enforce this AGREEMENT.
LEGAL CONTRACT, GOVERNING LAW & SEVERABILITY: OWNERS/USERS understand this AGREEMENT is a contract giving up legal rights. This AGREEMENT shall be in full legal force from the date signed into the future until all claims and legal action against the RELEASED PARTIES have been fully resolved. All legal actions arising as a result of this AGREEMENT shall be governed by the Laws of the State of Florida and the exclusive venue and jurisdiction of any legal action shall be Broward County, Florida. If any portion of this AGREEMENT is found to be unenforceable or invalid, then that portion shall be severed and the remainder shall continue in full legal force. Any digital completion, signature, confirmation or electronic format of this AGREEMENT shall have full legal force as if it was an original signed document. The OWNERS/USERS voluntarily enter into this AGREEMENT based exclusively on the preprinted terms of the AGREEMENT without modification or relying on any other representations or assurances.
OWNERS/USERS have fully read, understand and agree to be legally bound by this AGREEMENT. By signing this AGREEMENT, OWNERS/USERS are giving up legal rights for myself and all others who may have a claim, on my or their behalf, against the RELEASED PARTIES as a result of property damage, illness, injury or death caused by NEMO/NOMAD and BLU3 products.
By clicking/tapping/touching/selecting or otherwise interacting with the "Submit" button below, you are consenting to signing this Document electronically. You agree your electronic signature ("E-Signature") is the legal equivalent of your manual signature on this Document. You consent to be legally bound by this Document's agreement(s), acknowledgement(s), policy(ies), disclosure(s), consent term(s) and condition(s). You consent to be legally bound by Waiver Master's policies, terms and conditions available at waivermaster.com/terms.html and waivermaster.com/privacy.html . You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You may request a paper version of an electronic record by writing to us. We reserve the right to charge a reasonable fee for the production and mailing of a paper version of the record. Your current valid email is required for all communications.