SCUBA BREATHER INC.
RELEASE AND WAIVER OF LIABILITY, RISK, AND AGREEMENT
This waiver/agreement between Scuba Breather Inc. and the party who purchases the SCUBA Breather underwater dive equipment, is meant to be clear, unambiguous, and straight forward.
Note, that before any party was eligible to purchase a dive unit from Scuba Breather Inc., that party was required to read and agree to this contract. By reading and understanding this Waiver, Scuba Breather Inc. is attempting to inform the user of risks and precautions in using ANY type of underwater breathing equipment.
The quality behind each SCUBA Breather dive unit is unprecedented. Each SCUBA Breather unit is built with top quality industrial grade components that were manufactured from all over the world. Each unit is then assembled by a Journeyman technician in accordance with a written procedure, tested, and inspected by an Engineer.
In consideration of participating in the SPORT OF UNDERWATER DIVING, I understand the nature of the activity and that I am qualified or will get qualified, and am in proper physical condition to participate in such an activity. In the case of a minor using the equipment, I understand as purchaser of the equipment that I am responsible for training the minor.
I acknowledge that if breathing underwater while using the equipment becomes difficult, it could be an indication that power to the dive unit has been interrupted, and I will return to the surface in the quickest and safest way possible to investigate the problem.
The agreer of this document is conclusively bound by it and it is immaterial whether he/she does not read it or subjectively assented to its terms without understanding it. There is no allegation of fraud or misrepresentation or that a special relationship existed between the parties which would render this rule inapplicable.
It is the thrill of a of challenging nature of UNDERWATER DIVING which gives the sport its distinct allure and sets it apart from more passive or controlled sports, and there are inherent hazards associated with the sport.
It is highly recommended that a "Basic SCUBA diving" book be purchased, read, and understood before making your first dive. The following sections of your dive book should be throughly understood before making your first dive:
- equalizing pressure in the ears, - air embolism, - decompression sickness.
I also understand that loaning the unit to anyone for dive purposes, shifts the entire personal responsibility for that person to the owner of the unit. This clause is also meant to imply that the owner of the unit is responsible for other people he/she takes on a dive with them, and that the owner of the dive unit is responsible for training them.
I understand that Scuba Breather Inc. is a manufacturer of specialized scuba equipment, and is NOT a scuba certifying or training organization. Scuba certifications need to be gained through organizations such as P.A.D.I. (Professional Association of Diving Instructors). However, for the benefit of anyone who has purchased or considering purchasing a Scuba Breather dive unit, professional detailed advice on any aspect of diving will be provided for free upon request.
I herby release SCUBA BREATHER INC. from liability and I am fully aware of the risks and hazards connected with the activities of UNDERWATER DIVING, and I am aware that such activities include the risk of personal injury, and herby elect to voluntarily participate in the said activity.
I acknowledge and represent that I have read the foregoing Waiver of Liability, and am at least eighteen (18) years of age and fully competent.
Thank you for your business, and congratulations on your purchase of this extraordinary device. It was many years in the making and testing of your SCUBA-breather. Each SCUBA-breather is hand assembled (just like a Mercedes) by a journeyman instrument technician in our fabrication shop in Venice, Florida, and sold exclusively by Scuba Breather Inc.
We promise that you will have countless hours of enjoyment and adventure with the SCUBA-breather. We also promise that with just the minimum amount of maintenance and care, your SCUBA-breather will give you decades of good operation.
This remarkable tool has many features for making its use more pleasant and enjoyable. Safety, performance, and dependability have been given top priority in the design and manufacture of this product.
Robert Sankey - Design Engineer