INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release Agreement”)

TOMSTEINER.PRO LTD

I understand that diving with compressed air, oxygen enriched air (nitrox), oxygen, or trimix supplied by standard open circuit scuba, semiclosed or fully closed circuit rebreathers involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries or other barotrauma/hyperbaric injuries can occur that require treatment in a recompression chamber.

I further understand that the open water diving trips, which are necessary for training and certification, may be conducted at a site that is remote, either by time of distance or both, from such a recompression chamber. I still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site.

I understand and agree that neither tomsteiner.pro , the we platform through which I received my enrolled, nor the officers, directors, shareholders, affiliated companies, employees, agents, or assigns of the above listed entities and/or individuals, nor the authors of any materials including texts and tables expressly used for training and certification (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this diving class or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to enroll in this course, I hereby personally assume all risks in connection with said course, for any harm, injury, or damage that may befall me while I am enrolled as a student of this course, including all risks connected therewith, whether foreseen or unforeseen.

I further agree to save, defend, indemnify, and hold harmless said course and Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my enrollment and participation in this course including both claims arising during the course or after I receive my certification even if such claims may be groundless, false or fraudulent.

I also understand that diving activities are physically strenuous and that I will be exerting myself during this diving course, and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold the above listed individuals or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said course and Released Parties for any such injuries incurred by me.

I understand that these activities may place me deeper than I am able to safely execute a free (without breathing gas) ascent from. I understand that I may be required to furnish my own equipment and that I am responsible for its operating condition and maintenance. 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 further state that I am already a qualified and certified scuba diver from a training agency and that I hold training to the level of what I am allowed to do. I am aware of the required certification level and/or experience necessary and recommended to enroll in this diving course and I stipulate I meet those requirements for prior certification or equivalent experience.

I understand that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

I have voluntarily subscribed and/or enrolled in a scuba diving technique program offered through the tomsteiner.pro website and or app.

I recognise that the Program may involve strenuous physical activity including, but not limited to, diving, general physical condition and other various fitness and sports activities (collectively, the “Dive Training Activities”).

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Diving Activities. I have been advised that an examination by a dive physician should be obtained by anyone prior to commencing a Scuba diving and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in Diving that are appropriate for the current status of my health and level of certification by a recognized scuba diving agency.
If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status or certification level, I understand it is my responsibility to ask my doctor or Instructor if this activity is appropriate before I participate in such activity.

The information and contents of this course are for informational and educational purposes only!

Nothing found on the tomsteiner.pro website, App, or the Program is intended to be a substitute for professional or medical advice, diagnosis, treatment or certification. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disorder. Reliance on any information provided by tomsteiner.pro content and coache(s) is solely at your own risk.

I agree not to hold tomsteiner.pro and their directors, officers, employees, agents, contractors, representatives, successors and assigns (collectively, the “Releasees”) responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the Scuba Diving Activities, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the Scuba Diving Activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in the Program, I hereby agree as follows:

1. I hereby waive any and all claims, costs, liability and expense for any injury, loss or damage including death whether known, anticipated or unanticipated against the Releasees arising from my participation and enrolment in this Program or  SCUBA Diving Training Activities;

2. I herby acknowledge that I shall follow the Scuba Diving Responsibility Code (or equivalent) of the respective place I choose to participate in Scuba diving and activities. I shall always perform Scuba activities within my ability and level of certification, regardless of how I choose to interpret the instructions in this program.

3. To hold harmless and indemnity the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program or  SCUBA Training Activities;

4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity:

5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws in Europe that govern this agreement. You submit to the exclusive jurisdiction of the Courts of Europe and any litigation involving the parties to this Release Agreement shall be brought solely within the European Union.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT AND ENROLLING ON THIS WEBSITE, I AM WAIVING CERTAIN RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASEES.