IMPORTANT: Read carefully! This agreement affects your legal rights.
AirBuddy is a Surface Supplied Breathing Apparatus (SSBA) for recreational diving, also known as Hookah Diving. AirBuddy bridges the gap between snorkelling and SCUBA diving, and provides underwater lovers a lightweight, compact alternative to air cylinders.
Similar to other forms of diving with compressed air, diving with AirBuddy involves various risks that may result in serious injury, illness or death. Dive training is required prior to use of AirBuddy. You must learn about the implications of breathing compressed air, important safety rules and emergency procedures, as well as practical skills, such as how to breathe correctly, clear your mask from water, equalise your ears, weigh yourself, communicate underwater with hand signals, etc.
Diving is inherently dangerous. Each AirBuddy user must understand and accept the risks involved before participating in diving. You are responsible for your own actions and decisions.
Legal Liability Waiver & Assumption of Risk
This waiver between OXY Pty Ltd and the user of AirBuddy is meant to be clear, unambiguous, and straight forward. Every AirBuddy owner and / or user is required to read and agree to this waiver, and by using AirBuddy every person is deemed to have read and agreed to this waiver, which states as follows:
- I understand and accept that diving and the use of any SCUBA or SSBA equipment, including AirBuddy, is dangerous and involves the risk of serious injury, illness, or death.
- I understand that there are inherent risks involved with diving, including, but not limited to: drowning, pulmonary barotrauma, air embolism, decompression sickness, heart attack, panic, hyperventilation, equipment failure, perils of the sea, harm caused by marine creatures (including bites), and I hereby assume any such risks.
- I will be engaging in diving entirely at my own risk. I understand that any use of AirBuddy is my choice, which I chose for my own personal benefit.
- I am aware that it is my obligation to know how to dive before using AirBuddy. I also acknowledge that having appropriate dive training is my responsibility and failure to obtain appropriate dive training could result in serious injury, illness, or death.
- I understand that OXY Pty Ltd is a manufacturer of specialized SSBA diving equipment and is not a dive training agency. I understand that the user manual of AirBuddy and/or other information published by OXY Pty Ltd is not intended to replace any recognized agency training materials.
- I understand that AirBuddy, like any other man-made machine, could fail. I vow not to dive without a backup system, such as an egressor or pony bottle.
- As an owner of AirBuddy, I understand that I am solely responsible for the health and safety of any user of my AirBuddy. I also understand that I am responsible for any other people I take on a dive with me. It’s my responsibility to ensure they are professionally trained divers and have familiarized themselves with the AirBuddy user instructions, including this agreement, and such individual freely consents.
- I am aware of and accept the fact that AirBuddy is designed for recreational use only. I will not use AirBuddy for occupational diving, for example, as defined in the Australian and New Zealand Standards AS/NZS 2299 Occupational Diving Operations (or any other equivalent standard that may be in operation therein).
Liability Release, Indemnity and Hold Harmless
- I hereby expressly agree to release, discharge, and covenant not to sue OXY Pty Ltd (including its directors, servants, and agents), its affiliate or subsidiary corporations, the owners, investors, employees, consultants, contractors, suppliers, assemblers, distributors, retailers, service centres, representatives, agents, and other associated personnel, past and present (collectively “Released Parties”) for any loss, claim or action which may in any way be related to the purchasing and / or using of AirBuddy.
- I hereby expressly agree to indemnify and hold harmless all of the Released Parties from any, and all claims, actions or liabilities arising in any way out of the purchasing and / or using of AirBuddy, or for any other acts or omissions on their part, including, but not limited to negligence of any type.
Although this agreement is to be broadly construed, I understand that this agreement does not intend to change or prohibit any liability which is not capable of being excluded by law.
I acknowledge and agree that any terms or warranties, express or implied, relating to marketable quality or fitness for a particular purpose, or which could have otherwise resulted into a contract for the purchase of the AirBuddy by any statute or permission by law, are excluded.
I irrevocably agree that the governing law and jurisdiction is that of NSW, Australia. Therefore, any dispute or action between OXY Pty Ltd and I will be commenced and continued under the sole and exclusive jurisdiction of NSW, Australia.
I acknowledge to have read and understood the foregoing agreement and certify that I am of legal age and am fully competent. I hereby accept and consent to this agreement which shall be binding upon myself, family, heirs, successors, and assigns.
The original text is written in English. Any misinterpreted information translated in other languages will not be the held against OXY Pty Ltd.