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- OWNERS/USERS are responsible for properly checking each NEMO/NOMAD diver’s buoyancy
in accordance with instructions found at diveblu3.teachable.com
- OWNERS/USERS are responsible to ensure each NEMO/NOMAD diver is property trained in and
uses appropriate ascent procedures to avoid lung overexpansion injuries in accordance with
instructions found at diveblu3.teachable.com
- OWNERS/USERS are responsible to ensure each NEMO/NOMAD diver only uses the
NEMO/NOMAD and BLU3 equipment as designed and expressly intended.
- OWNERS/USERS shall be exclusively responsible and liable for any injuries and damages caused
by NEMO/NOMAD and BLU3 products.
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.
OWNERS/USERS Name: Signature: Date:
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