National Speleological Society - Cave Diving Section Waiver of Liability for Cow Springs
National Speleological Society - Cave Diving Section (NSS-CDS):
ASSUMPTION OF RISK, WAIVER OF CLAIMS, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
I, , the undersigned, hereinafter "participant" and/or "Diver," understand that Cave Diving is a hazardous and potentially lethal sport. Participants or Divers shall be responsible for having their affairs in order.
1) Requirement(s) to dive Cow Springs:
In order to sign this waiver and dive at Cow Springs, I understand I MUST meet the following criteria and/or agree as follows:
Please Choose
I SHALL possess current DAN accident insurance or equivalent.
I understand DPV use is prohibited.
I understand that I am required to abide by any and all rules for the property as directed by the NSS-CDS Board of Directors and their assigned Property Manager.
I agree to obey any and all written and posted signage located on property.
I further affirm that I am an active member in the NSS-CDS.
2) By signing this Agreement, Diver is giving up certain legal rights, including the right to sue. In consideration of being permitted to participate in scuba diving and underwater exploration in caverns, caves, springs and/or other aquatic environments (collectively referred to as “Diving” or “Dive”) and so I may gain access/use of properties and facilities owned, leased, sponsored and/or operated by NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION, its board of directors, employees, property managers, members or affiliates, separately and independently, including all persons and entities affiliated with the properties, facilities, Dive sites and Diving with NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION,
3) Diver hereby agrees on behalf of myself, my family, estate, heirs, representatives and anyone who may have a claim on my behalf (collectively and independently referred to as “Participant”), to the terms and conditions of this ASSUMPTION OF RISK, WAIVER OF CLAIMS, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT (referred to as “Agreement”) as follows:
4) Participant understands, acknowledges & ASSUMES ALL RISKS associated with Diving, whether known or unknown, and despite the ultra-hazardous risk of scuba, technical, rebreather Diving at Dive locations that are remote from the surface, emergency assistance, rescue, first-aid, medical care and/or recompression such that I understand the inherent risks of injury, illness, and death associated with Diving. With full knowledge of the risks, I hereby voluntarily declare that I choose to participate in and release the NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION, participant or my heirs or assigns may have from Diving, despite the risk of injury, illness and death. Furthermore, participant hereby verifies that I am medically, mentally and physically qualified to Dive and assumes all risks associated with health issues that may cause or contribute to my injury, illness or death; and
5) Participant WAIVES ALL CLAIMS including but not limited to claims, lawsuits, demands for compensation or reimbursement associated with NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION, its members and affiliates Diving whether for information and techniques received during instruction, guidance and/or supervision associated with Diving, and/or access to Diving sites, Diving equipment, entry/exit paths, information in all forms of manuals, maps, guidelines, warning signs, gates/barriers, etcetera, which may or may not be present at Dive sites and/or when Diving.
Additionally, Diver agrees to be solely responsible for planning my Dive and shall not hold the National Speleological Society - Cave Diving Section, its board of directors, managers, employees, members, etc. responsible for failure to plan a Dive, verify the function of all equipment, manage appropriate gases throughout the Dive, prepare for unexpected events and/or emergencies during the dive; and
6) Participant RELEASES THE NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION from all liability for my loss, damages, injury, illness, death, and expenses, arising from Diving, including negligent acts or omissions by THE NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION, ITS BOARD OF DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS OR AFFILIATES; and
7) Participant agrees to INDEMNIFY and hold harmless THE NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION from all liability for loss, damage, injury, death, or expense the Participant may suffer or incur arising from Diving, and participant hereby agrees to be liable on behalf of myself and my estate or family to pay all expenses incurred by THE NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION associated with a claim, lawsuit or demand for compensation against THE NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION; and
8) Participant further states that he/she is aware of the inherent risks of acquiring contagious virus and other diseases when Participant is in the close presence of other individuals, such as instructors and other student divers. Participant agrees to WAIVE ALL CLAIMS against NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION for contracting of any contagious diseases, such as, but not limited to, influenza or COVID-19 and from any water borne pathogens while participating in any event with NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION.
9) ADDITIONAL RISKS ASSOCIATED WITH DIVING THIS SITE
Cow Springs has had tannic water intrusion and flow reversals in the past and the probability for the same in the foreseeable future exists. Although NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION, its directors and observers make every prudent effort to ensure the system is safe to dive, no one can predict the future. In light of this, all NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION Guests and Observers acknowledge and accept that the risk of tannic water intrusion and/or a flow reversal occurring during a dive is very real.
I HAVE READ THE ABOVE PARAGRAPH AND ACCEPT THE RISK ASSOCIATED WITH A POSSIBLE INTRUSION OF TANNIC WATER OR A FLOW REVERSAL DURING A DIVE.
10) VENUE
The participant agrees that any legal issues arising out of this agreement will be filed and adjudicated in the Circuit Court in and for the Eighth Judicial Circuit in and for Alachua County, Florida.
11) UNAUTHORIZED PERSONS
The participant agrees to not let any persons in their party gain access to the site who does not meet the minimum requirements to dive Cow Springs, is an Active member of the National Speleological Society - Cave Diving Section, AND who has filled out their own copy of this waiver and release. Participant understands that a breach of this section could result in the suspension of their diving privileges from the site at the discretion of the NSS-CDS Board of Directors and/or expulsion from the site at the discretion of the NSS-CDS Board of Directors.
12) SOLO DIVING
The NSS-CDS strongly encourages the use of a dive team concept, i.e. buddy team. Though not expressly prohibited at Cow Springs, Solo diving is highly discouraged.
13) BREACH
Participant understands that a breach of any section could result in suspension of diving privileges from the site at the discretion of the NSS-CDS Board of Directors and/or expulsion from the site at the discretion of the NSS-CDS Board of Directors.
14) I AM A LEGALLY COMPETENT ADULT OVER THE AGE OF 18 YEARS, I HAVE READ AND UNDERSTAND THIS AGREEMENT, I KNOW IT IS A LEGALLY BINDING AGREEMENT THAT WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW. THIS AGREEMENT SHALL BE VALID FOR ALL NATIONAL SPELEOLOGICAL SOCIETY - CAVE DIVING SECTION DIVING FOR THE BALANCE OF THE CALENDAR YEAR OF THE DATE NEXT TO MY SIGNATURE. BY MY SIGNATURE BELOW, I AM HEREBY VOLUNTARILY WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
15) VIDEO SURVEILLANCE
I further understand that the NSS-CDS has the right to monitor on-premises activities and record on-premises activities. I understand that my image or likeness may be recorded and archived by the NSS-CDS. The NSS-CDS will not use said image or likeness for any commercial purpose.
16) DURATION OF WAIVER
I understand that this waiver is valid only on the day signed and each day of diving requires a new waiver.
Signer Information:
First Name:
Last Name:
Email:
Mobile Phone:
Emergency Contact Name:
Emergency Contact Phone:
A Gate Code will be sent to your email address after all required waiver and reservation requirements have been completed. Please sign the waiver each day you want to dive the property. Be sure to check your spam folder.
