Waiver - Divers
I, do hereby acknowledge, confirm and represent that I am voluntarily and without duress and while being in full senses executing this waiver in favour of Dilmunia Mall Development Company W.L.L (hereinafter referred to as “MOD”) as well as its shareholders, directors, employees, officers, agents and/or representatives.
MOD as well as its shareholders, directors, employees, officers, agents and/or representatives are hereinafter collectively referred to as the “Released Parties” and individually as a “Released Party”.
I hereby confirm and represent as follows:
- 1. I am a qualified and trained diver and swimmer, and
- 2. I will follow the instructions of the MOD and, I hereby unconditionally and irrevocably agree, acknowledge, confirm and undertake that:
- 1. I am, on my own accord and without any duress or compulsion, willing to perform the agreed task of diving (as a free dive / scuba diver) into and swimming in the aquarium situated within the mall developed by MOD. I agree that by entering into the aquarium and understand the risks associated with diving into an aquarium, including risk of personal injury and death.
- 2. I have fully understood and I am fully aware of any and all risks associated with diving (as a free diving scuba diver) into and swimming in the aquarium situated within the Mall (hereinafter the “Aquarium”).
- 3. I understand that diving is a dangerous activity with inherent risks and dangers associated therewith (including, but not limited to, risks associated with equipment failure, perils of the depth of the water, the characteristics of other aquatic creatures and water bodies, as well as acts of fellow divers which could result in my serious injury or death). Accordingly, I hereby expressly assume all risks (irrespective of whether these risks are specifically set forth or not) associated with me entering into or diving in or swimming in the Aquarium.
- 4. I shall effectively and fully defend, hold harmless each Released Person against any liability, demand, claim, loss or damages which may arise or which a Released Person may become subject or liable to on account of (a) any injury caused to me (including death), and/or (b) any loss or damage suffered by me and/or caused to me.
- 5. I acknowledge that prior to participating in diving, I will inspect all equipment to be used to make sure that it is in good operating condition. I will not hold the Released Parties or anyone else responsible for my failure to inspect any equipment that I may use prior to diving or for any equipment failure which may occur.
- 6. I agree and acknowledge that MOD has provided me with all the guidelines to be followed during the unprecedented times of Covid-19. Therefore, I on behalf of my family including but not limited to my spouse, heirs, legal representatives, etc. waive off our rights to sue MOD for any injury, illness, loss or harm, death or disability, whether in connection with Covid -19 or otherwise, resulting or arising out of any way related to my diving in MOD’s premises.
- 7. I understand there is no obligation on the part of the MOD to provide medical assistance, health insurances or first aid. By way of my signature on this document it is my express intention to give up my right to sue all individuals, or entities referred to herein as the Released Parties whether specifically named or not, from all liability arising as a consequence of any act or omission including, but not limited to, active or passive negligence, including gross negligence.
- 8. I further covenant and agree to accept all the above terms of this Waiver and agree to waive off all the rights to not sue MOD and the Released Parties for any of the claims, that I have waived or discharged herein. In case, I am found guilty of breach for any of the clauses agreed above by me, I waive my right to approach the court of law and agree to compensate MOD.
- 9. I understand, the information provided in this Waiver is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and MOD cannot assure my safety or eliminate any of the risks.
- 10. I agree and accept that this Waiver shall be governed and construed in accordance with the laws of the Kingdom of Bahrain and that the competent courts of the Kingdom of Bahrain shall have the exclusive jurisdiction to hear and decide any dispute, controversy, proceedings or claim of whatever nature.
- 11. I hereby agree, acknowledge, confirm and undertake that this waiver is being given by me on and for by behalf as well as on and for behalf of my legal heirs and/or any person who may have a right to bring a claim on my behalf or for me.
