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READ CAREFULLY - NOTICE OF RISK AND POSSIBLE INJURY OR DEATH
In connection with the sale, lease, rental or other disposition or use by any means whatsoever of the listed products including Life Support Equipment components (the "Components") and/or the partially assembled or pre-assembled Life Support Equipment unit (the “Unit”) by LOMBARDI UNDERSEA LLC (“LOMBARDI” herein) or, if applicable, one of LOMBARDI’S authorized dealers (the “Dealer”), on behalf of LOMBARDI, you are hereby notified that:
- Diving or any other use of Life Support Equipment including, without limitation, any diving involving the use of the Components and/or the Unit is an inherently dangerous activity that involves many risks including, but not limited to the inherent risk of arterial gas embolism, inert gas narcosis, hypoxia (oxygen deficiency), hypercapnia (carbon dioxide poisoning), central nervous system oxygen toxicity resulting in convulsions or seizures, carbon dioxide poisoning, anoxia, asphyxia and the risks of exposure to and burns from caustic chemicals, and hazards inherent with the handling and mixing of high pressure gases including, without limitation, explosions; and decompression sickness and pulmonary barotrauma as well as all other risks associated with SCUBA diving including but not limited to water related injuries such as death by drowning.
- Some of the foregoing risks can manifest themselves with little or no warning, and all of the foregoing risks can manifest themselves at any dive depth and can result from multiple and/or unpredictable failure modes or for multiple and unpredictable reasons which may, or may not, be within the control of the user of the Life Support Equipment and/or the Unit.
- Such risks may result notwithstanding that the user of the Life Support Equipment and/or the Unit dives within any prescribed limitations such as time or depth limits; and all of the foregoing risks can result in severe discomfort and/or permanent and serious physical and/or mental disabilities, including but not limited to visual and auditory impairments, and/or death.
WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
By completing a purchase of any Life Support Equipment, Components, or Units, you are hereby affirming that you aware that diving with Life Support Equipment (“LIFE SUPPORT”) has certain inherent risks which may result in injury or death.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE NOTICE OF RISK AND POSSIBLE INJURY OR DEATH INCLUDED HEREWITH AND UNDERSTAND THAT DIVING WITH THE LIFE SUPPORT IS AN INHERENTLY DANGEROUS ACTIVITY. You further acknowledge that diving or any other use of the Life Support Equipment exposes you to risks normally associated with SCUBA diving, including but not limited to decompression sickness, arterial gas embolism, pulmonary barotrauma and water related injuries such as death by drowning.
YOU FURTHER ACKNOWLEDGE that you have taken a formal training course of instruction on the Life Support Equipment that you are using from a qualified dive training organization and/or dive training professional and have received a certification equivalent to the level of diving you intend to undertake, or that you are currently taking or are enrolled in an approved course of instruction under the supervision of a qualified diving professional for the purpose of obtaining a certification on the model of Life Support Equipment that you are using.
YOU FURTHER ACKNOWLEDGE that while participating in Life Support Equipment use, injuries can occur that require treatment in a recompression chamber or other facility that may require a great distance of travel. YOU UNDERSTAND that the Life Support Equipment diving you undertake may be conducted at a site that is remote, either by time or distance or both, from a recompression chamber or medical facility.
YOU HEREBY RELEASE LOMBARDI UNDERSEA LLC., and its officers, directors, instructors, agents, employees, contractors or assigns (“Released Parties”) from any and all liability for any injury, death, or other damages to me, my family, estate, heirs or assigns arising out of your use of the Life Support Equipment or as a result of the NEGLIGENCE of the Released Parties, whether passive or active.
YOU FURTHER AGREE TO RELEASE, EXEMPT AND HOLD HARMLESS the Released Parties from any claim or lawsuit by you, your family, estate, heirs or assigns arising out of your use of the Life Support Equipment including both claims arising out of your course of instruction or after you receive your certification.
YOU HEREBY PERSONALLY ASSUME ALL RISKS associated with Life Support Equipment diving, whether foreseen or unforeseen, that may befall you while using the LIFE SUPPORT, including but not limited to the academics, confined water and/or open water activities before or after certification.
YOU HEREBY AGREE THAT Lombardi, as the builder of the Life Support, is not a professional engineering company, designer, or trained diving instructor and, therefore, that the Life Support has been sold and delivered on an "as is, where is" basis and that the Released Parties have not made any representations, warranties or covenants whatsoever, whether express or implied, with respect to the Life Support including, without limitation, any representations, warranties or covenants as to fitness of purpose, merchantability or reliability.
YOU UNDERSTAND the terms herein are contractual and not a mere recital, and that you have made the purchase of your own free will and with the knowledge that you agreeing to waive your legal rights. You further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision will be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable or invalid provision had never been contained herein.
YOU HAVE FULLY INFORMED YOURSELF OF THE CONTENTS OF THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE PURCHASING PRODUCTS ON BEHALF OF YOURSELF AND YOUR HEIRS.
YOUR PURCHASE AFFIRMS THIS LEGALLY BINDING CONTRACT