Disclaimer

Information on this site is provided for information purposes only. Only qualified and certified divers should attempt Scuba diving. There are inherent risks that Scuba divers take and when using this site, you understand and accept those risks without imposing any liability on Quino El Guardian, its officers and agents. You agree to fully disclaim and hold harmless all entities connected with Quino El Guardian for all information posted on this site. Further, you agree that you will seek guidance from a qualified professional prior to using any information on this site. Your agreement to all terms and conditions are implied by the usage of this site. You are waiving your right to signature acceptance.

By using this site you further agree to the following dive practices. These practices have been compiled for your review and acknowledgement and are intended to increase your comfort and safety in diving. Your signature is not required, however your continued use of this site is agreement to follow these practices, without exception. Read and discuss the statement prior to agreeing to it. If you are a minor, this form must be agreed to by a parent or guardian.

  1. Maintain good mental and physical fitness for diving. Avoid being under the influence of alcohol or dangerous drugs when diving. Keep proficient in diving skills, striving to increase them through continuing education and reviewing them in controlled conditions after a period of diving inactivity, and refer to my course materials to stay current and refresh myself on important information.
  2. Be familiar with my dive sites. If not, obtain a formal diving orientation from a knowledgeable, local source. If diving conditions are worse than those in which I am experienced, postpone diving or select an alternate site with better conditions. Engage only in diving activities consistent with my training and experience. Do not engage in cave or technical diving unless specifically trained to do so.
  3. Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Deny use of my equipment to uncertified divers. Always have a buoyancy control device and submersible pressure gauge when scuba diving. Recognize the desirability of an alternate air source and a low-pressure buoyancy control inflation system.
  4. Listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Recognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.
  5. Adhere to the buddy system throughout every dive. Plan dives – including communications, procedures for reuniting in case of separation and emergency procedures – with my buddy.
  6. Be proficient in dive table usage. Make all dives no decompression dives and allow a margin of safety. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of not more than 18 meters/60 feet per minute. Be a SAFE diver – Slowly Ascend From Every dive. Make a safety stop as an added precaution, usually at 5 meters/15 feet for three minutes or longer.
  7. Maintain proper buoyancy. Adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal, and establish buoyancy when in distress while diving.
  8. Breathe properly for diving. Never breath-hold or skip-breathe when breathing compressed air, and avoid excessive hyperventilation when breath-hold diving. Avoid overexertion while in and underwater and dive within my limitations.
  9. Use a boat, float or other surface support station, whenever feasible.
  10. Know and obey local dive laws and regulations, including fish and game and dive flag laws.

I have read the above statements and have had any questions answered to my satisfaction. I understand the importance and purposes of these established practices. I recognize they are for my own safety and well-being, and that failure to adhere to them can place me in jeopardy when diving.

 

Your agreement to further use this site means that you hereby affirm that you are aware that skin and scuba diving have inherent risks which may result in serious injury or death. You understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand that the open water diving trips which are necessary for training and for certification may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. You still choose to proceed with such instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site.

You understand and agree that neither the professional staff, its officers, employees, agents, instructors, contractors or staff of Quino El Guardian, the facility through which you receive your instruction, nor any of Quino El Guardian’ agency affiliations., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this diving program or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in this course (and optional Adventure Dive), hereinafter referred to as “program,” You hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me while you are a participant in any program, a diver, a non-diver or someone using this site for informational purposes including, but not limited to, the academics, confined water and/or open water activities. You further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program including both claims arising during the program or after I receive my certification. You also understand that skin diving and scuba diving are physically strenuous activities and that I will be exerting myself during this or any Scuba diving program and that if you are injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that you expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. You further state that you am of lawful age and legally competent to accept this liability release, or that you have acquired the consent of your parent or guardian to view this site. You understand the terms herein are contractual and not a mere recital, and that I have agreed to this Agreement of your own free act and with the knowledge that I hereby agree to waive my 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 this Agreement. The remainder of this Agreement will then be construed as though the un-enforceable provision had never been contained herein.You understand and agree that you are 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. You BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, the Rocio Del Mar and Quino El Guardian, its agents, officers, contractors, assigns, affiliates AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. YOU HAVE FULLY INFORMED YOURSELF AND YOUR 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.