To rent dive gear from Dixie Divers Renter must agree to the following:
THIS AGREEMENT is entered into between DIXIE DIVERS LLC, Sand Hollow State Park, Washington County Water Conservancy District and (Renter)___________________________, for the rental of scuba and/or skin diving equipment and use of said equipment at Sand Hollow State Park. This AGREEMENT is a release of my rights to sue for injuries or death resulting from the rental and/or use of this equipment. I expressly assume all risks of skin and/or scuba diving related in any way to the rental and/or use of this equipment.
I hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor.
I acknowledge that the equipment is in good working condition and that I have examined the equipment to ensure that it is free from defects, including checking both the quality and quantity of gas in any scuba tank(s) rented.
I acknowledge that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I also understand and agree that DIXIE DIVERS LLC, and its employees, owners, officers, or agents (hereinafter “Released Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.
I agree to reimburse DIXIE DIVERS LLC for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be stopped from claiming otherwise because of my representations to the Released Parties.
I, ______________________________________(Renter), HAVE CAREFULLY READ AND UNDERSTAND THE ABOVE AGREEMENT. BY SIGNING THIS AGREEMENT, I EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I have fully informed myself and my heirs of the contents of this Liability Release and Assumption of Risk Agreement by reading it before I signed it on behalf of myself and my heirs.
To rent Paddle boards, kayaks renter must agree to the following:
EQUIPMENT RENTAL COMPLETE LIABILITY RELEASE AND WAIVER THIS IS A RELEASE OF YOUR RIGHTS TO SUE
1. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE DIXIE DIVERS LLC also operating as THE SHACK, HEREAFTER CALLED DIVE STORE, THEIR EMPLOYEES, AGENTS AND ASSIGNS AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY ARISING AS A CONSEQUENCE OF THE FOLLOWING OR ANY OTHER ACT OF OMISSION ON THEIR PART INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE.
2. By way of my signature on this document I understand that Paddle Boarding and or Kayaking is a hazardous sport. I also fully understand that Paddle Boarding and or Kayaking has inherent risks and dangers including, but not limited to, risks associated with equipment failure which could lead to my serious injury or death. By my signature on this document I expressly assume these risks. I acknowledge that I am physically fit to Paddle Board and or Kayak and I will not hold any of the above named individuals, persons, or entities responsible if I am injured as a result of a medical condition while I am Paddle Boarding and or Kayaking. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with any water sports.
3. Prior to leaving the dive store I will thoroughly and completely inspect all of the equipment that I am renting and which will be used by me. I will satisfy myself completely with its operation and condition. If I discover any of my equipment is not functioning properly at any time I will cease all Paddling activity and will promptly notify the dive store. I expressly agree to not hold dive store or any of its employees, agents or assigns responsible for my failure to inspect my equipment prior to Paddle boarding and or Kayaking.
4. I understand that I have an affirmative duty to plan my adventure. I agree to be responsible for my own safety. My signature on this document affirm that I am fully aware of the dangers, risks and hazards of Paddle Boarding and or Kayaking. I agree not to hold any of the individuals or entities named within this document responsible for any such act.
5. IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT AND BY SIGNATURE HEREON TO GIVE UP ALL RIGHTS TO SUE ANY INDIVIDUAL OR ENTITIES REFERRED TO WITHIN THIS DOCUMENT, WHETHER SPECIFICALLY NAMED OR NOT. FURTHERMORE IT IS MY EXPRESS INTENTION TO EXEMPT AND RELIEVE THE DIVE STORE, THEIR EMPLOYEES, AGENTS AND ASSIGNS AND TO EXPRESSLY AGREE TO INDEMNIFY AND HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURIES, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTIVE OR PASSIVE NEGLIGENCE RELATED IN ANY FASHION TO THE RENTAL AND MISUSE OF THIS EQUIPMENT. I SPECIFICALLY ASSUME ALL RISKS IN CONNECTION WITH THE RENTAL OF THE EQUIPMENT FROM THE DIVE STORE.
6. I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES.
All Returns must be made within 30 days of purchase.
All items returned are subject to a 3% restocking fee.
There are no returns on classes.
No refunds on rented gear returned due to weather.