LIABILITY RELEASE AND ASSUMPTION OF RISK EQUIPMENT

LIABILITY RELEASE AND ASSUMPTION OF RISK

EQUIPMENT RENTAL AGREEMENT

This AGREEMENT is entered into between:

THE UNIVERSITY OF MAINE SYSTEM acting through THE UNIVERSITY OF MAINE

and _________________________________________________, for the rental of scuba and/or skin diving equipment.

(Rentor)

This AGREEMENT is a release of my rights to sue for injuries or death resulting from the rental and/or use of this equip-

ment. 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 The University of Maine 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 The University of Maine 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 agree to return the equipment in clean

condition and to pay a cleaning fee if not returned cleaned.

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 estopped from claiming otherwise because of my

representations to the Released Parties.

I, ______________________________________________________________, HAVE CAREFULLY READ AND

(Rentor)

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.

_____________________________________________________________ ______________________________

Participant’s Signature Date (day/month/year)

_____________________________________________________________ ______________________________

Signature of Parent/Guardian (where applicable) Date (day/month/year)