Waiver Form -

AFFIRMATIVE INDEMNIFICATION AND LIABILITY RELEASE

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I HEREBY EXEMPT AND RELEASE AVSC AND ITS AGENTS, SERVANTS, OFFICERS AND/OR DIRECTORS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH AND LOSS OF SERVICES CAUSED BY THE NEGLIGENCE OF AVSC OR ITS AGENTS SERVICES, OFFICERS AND/OR DIRECTORS. I shall defend, indemnify and hold harmless AVSC together with its Directors, Officers, Servants and/or assignees (collectively called the “Indemnified Parties”) from and against all claims, suits, obligations, liabilities, damages, losses of judgment, including all costs and expenses related thereto (including attorneys fees) which may be asserted against, suffered by, charged to or recoverable from the Indemnified Parties by reason of injury to me or my death provide the event causing such injury, death , loss or damage is caused by or related to an AVSC sponsored activity.

I affirm that: (Please initial each paragraph)

I am a certified scuba diver trained in safe diving practices. I have been fully and completely advised of the potential hazards and dangers incidental to engaging in the activity of scuba diving and I expressly assume such risk. *

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I agree that the purpose of our diving is strictly recreational. *

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I understand that it is not the function of AVSC or its Officers and/or Directors to act as the guardian of my safety. *

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I am in good mental and physical fitness for diving. I understand that scuba diving is a physically strenuous activity and that I will be exerting myself during dive excursions, and I expressly assume such risk. *

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I am not and will not dive under the influence of alcohol and/or drugs, nor am I taking any drugs that are contraindicated for diving. If I am taking medication, I have seen a physician and have approval to dive although taking such medication. *

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I understand that diving involves certain risk, and that injuries can occur that require treatment in a recompression chamber. I further understand that dives may be conducted at sites that are remote, by time and/or distance from a recompression chamber and/or medical facility, and nonetheless agree to accept and assume such risk when I proceed with such dives. *

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I understand and hereby consent that an agent, servant, member, officer and/or Director of the AVSC may voluntarily but is not obligated to render first aid or emergency treatment to me, including the administration of oxygen at the scene of an accident or other emergency. I hereby agree that the AVSC and/or such person(s) for damages for injuries alleged to have been sustained by me by reason of any act or omission in the rendering of or failure to make such treatment. *

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I understand that even if I follow all of the appropriate dive practices, there is still some risk of my sustaining heart attack, decompression sickness, embolism or other injuries and I expressly assume the risk of such injuries or illnesses. *

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I understand that diving in open waters involves additional risk due to the environment, animal or sea life, currents and mechanical equipment failure or misuse and that injury or death may occur from such risk, and I expressly assume such risk. *

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I shall observe strictly and comply with such additional reasonable terms and regulations as AVSC its agents, servants, officers and/or directors may from time to time deem desirable or needful to prescribe before or during these activities. *

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Any action, proceeding, dispute, claim or controversy between myself and AVSC and its officers, directors and agents arising from and/or related to dives and/or other activities organized by AVSC (a “Dispute”), whether sounding in contract, tort or otherwise shall at AVSC’s election, which election may be made at any time prior to the commencement of a judicial proceeding by AVSC or in the event of a judicial proceeding instituted by me or my representatives, at any time prior to the last day to answer and to respond to a summons and/or complaint, be resolved by arbitration in New York City in accordance with the rules then obtaining of the American Arbitration Association. The parties consent to the jurisdiction of the Supreme Court of the State New York and the United States District Court for the Southern District of New York for all purposes in connection with arbitration including the entry of judgment of any award. I waive the right to trial by jury in any action arising from a dispute. *

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I HAVE READ THE FOREGOING PARAGRAPHS AND FULLY UNDERSTAND THE LEGAL RIGHTS I AM GIVING UP BY SIGNING THIS DOCUMENT.

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