EQUIPMENT RENTAL AGREEMENT

Release of Liability/Assumption of Risk/Non-agency Acknowledgement Form

Equipment Rental Table

Please read carefully and fill in all blanks before signing.

Equipment Rental Agreement

This Agreement is a release of my rights, and the rights of my heirs, assigns, or beneficiaries, to sue for injuries or death resulting from the rental and/or use of this equipment. I personally assume all risks of skin and/or scuba diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment.

Non-Agency Disclosure and Acknowledgement Agreement

I understand and agree that PADI Members (“Members”), including Just Africa Scuba and/or any individual PADI Instructors and Dive Masters associated with the program in which I am participating, are licensed to use various PADI trademarks and to conduct PADI training, but are not agents, employees, or franchisees of PADI Americas, Inc., or its parent, subsidiary, and affiliated corporations (“PADI”).

I further understand that Member business activities are independent and are neither owned nor operated by PADI. While PADI establishes the standards for diver training programs, it is not responsible for, nor does it have the right to control, the operation of Members’ business activities or the day-to-day conduct of PADI programs and supervision of divers by Members or their associated staff.

I further understand and agree, on behalf of myself, my heirs, and my estate, that in the event of injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions, or negligence of Just Africa Scuba and/or the instructors and Dive Masters associated with the activity.

Liability Release and Assumption of Risk Agreement

I understand and agree that Just Africa Scuba, and its employees, owners, officers, contractors, assigns, or agents (hereinafter referred to as “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, as a result of product defect, or due to the negligence of any party, including the Released Parties, whether passive or active.

I hereby acknowledge receipt of the equipment designated in this form. If any of this equipment is to be used for scuba diving, I affirm that I am a certified scuba diver or a student diver in a scuba diving course/program under the supervision of a certified scuba instructor.

I affirm that it is my responsibility to inspect all equipment and acknowledge that it is in good working condition. I further affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly.

I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving, or if I choose to dive with equipment that may not be functioning properly. I understand that skin diving and scuba diving are physically strenuous activities. I acknowledge that I will be exerting myself during these activities and that if I am injured as a result of a heart attack, panic, hyperventilation, drowning, or any other cause, I expressly assume the risk of such injuries and will not hold the Released Parties responsible.

I agree to reimburse the Dive Centre/Resort for the loss or breakage of any equipment at the current replacement value and to pay for any damages incurred while transporting the equipment. I also agree to return the equipment in clean condition and to pay a cleaning fee if it is not returned clean.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have obtained written consent from my parent or guardian. I understand that the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free will with full knowledge that I am waiving legal rights.

I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from the Agreement. The remainder shall remain in full force and effect.

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 do so in the event of my death. I confirm that I have the authority to make this agreement on their behalf.

Acknowledgement and Signature