blu3 Nomad - APPENDIX C: BLU3 Assumption of Risk, Waiver, Liability Release & Hold Harmless Agreement

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APPENDIX C: BLU3 Assumpon of Risk, Waiver, Liability Release & Hold Harmless Agreement
BLU3, Inc. – NEMO/NOMAD
Assumption of Risk, Waiver, Liability Release, and Hold Harmless
Agreement
IMPORTANT – READ CAREFULLY – THIS AGREEMENT AFFECTS
YOUR LEGAL RIGHTS!
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:
- OWNERS/USERS are responsible for the safety of each person using NEMO/NOMAD and BLU3
products.
- OWNERS/USERS are responsible for reading and complying with the most recent edition of the
Owner’s - Users Manual found at diveblu3.com/manuals
- OWNERS/USERS are responsible to verify all persons using NEMO have completed the BLU3
Online Dive Training Course.
- OWNERS/USERS are responsible to verify all persons using NOMAD have completed the
BLU3 Online Dive Training Course.
- OWNERS/USERS are responsible for appropriately supervising each NEMO/NOMAD diver
while they are in the water.
- OWNERS/USERS are responsible for each NEMO/NOMAD diver being medically, mentally and
physically fit to dive using NEMO/NOMAD. See the BLU3 Fitness to Dive Evaluation at
diveblu3.com/fitness-to-dive-evaluation
- OWNERS/USERS are responsible for at least one adult diver in the water to supervise and be
responsible for each youth (under 18 years old) diving with NEMO/NOMAD or BLU3 products.