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Dive Rite O2ptima CCR Statement of Understanding, Express Assumption of Risk & Liability Waiver

September 22, 2026

I, , the User, in consideration for the purchase, use, servicing and/or upgrade of the Dive Rite O2ptima Closed Circuit Rebreather manufactured by Lamartek, Inc. (dba Dive Rite) and/or the Shearwater Research DiveCan Electronics and/or their component parts and/or firmware (the “O2ptima”), understand and agree to the following:

Express Assumption of Risk

I voluntarily and expressly ASSUME ALL RISK OF INJURY, DEATH, OR DAMAGE to my person or property arising from or in conjunction with my purchase, use, servicing, and/or upgrade of the O2ptima. I understand and am fully aware that there are many inherent risks and hazards associated with scuba diving and using rebreather equipment. I understand that while diving a rebreather I will or may be exposed to a number of hazards, including but not limited to: the risks of equipment malfunction or failure (including those from design, assembly, or manufacture of the rebreather, electronics, or their component parts); risk of injury caused by lack of or inadequate instruction or warning; risks from improper and/or negligent operation of the rebreather; risks from unauthorized modifications of the rebreather, electronics, or their component parts; inherent risks and hazards related to diving in an underwater environment; decompression sickness; barotrauma; arterial gas embolism; hyperoxia; hypoxia; hypercapnia; narcosis; other hyperbaric injuries; drowning and other hazards relating to scuba diving; and death. I fully understand and accept that, by participating in diving activities and using the O2ptima, I may be seriously injured or killed, even if I do nothing wrong.

I Agree

Liability Waiver

I voluntarily release, discharge, waive, and relinquish any and all actions, claims, or causes of action for injuries, damages, or death arising out of my purchase, use, servicing, and/or upgrade of the O2ptima or based upon any negligent act or omission of Lamartek, Inc. (dba Dive Rite) and Shearwater Research, nor any of their officers, directors, instructors, agents, employees, contractors, or assigns (the “Released Parties”) including, but not limited to, the design, materials, assembly, performance, warnings, instructions for use or operation of the O2ptima.

I UNDERSTAND AND AGREE that Lamartek, Inc. (dba Dive Rite) and Shearwater Research, nor any of their officers, directors, instructors, agents, employees, contractors, or assigns (the “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 arising out of my purchase, use, servicing, and/or upgrade of the O2ptima.

I AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AS DEFINED ABOVE FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I understand and agree that the Released Parties make this sale, service, or upgrade of the O2ptima without any express or implied warranties of merchantability or fitness for a particular use or purpose.

I agree that I will not make a claim against or sue the Released Parties for any injuries or damage to persons or property arising out of my purchase, use, servicing, and/or upgrade of the O2ptima. Further, I agree to INDEMNIFY, SAVE HARMLESS, AND REIMBURSE the Released Parties for all costs, attorney's fees, judgments, or settlements in any and all actions, claims, or causes of action for injuries or damage to persons or property arising out of my purchase, use, servicing, and/or upgrade of the O2ptima or arising out of the use of the O2ptima by an unauthorized user due to the Released Parties’ negligence or otherwise, wherever and by whomever such action, claim, or cause of action is asserted.

I understand and agree that this Agreement shall be governed by the laws of the State of Florida, USA.

I Agree

For good and valuable consideration, I voluntarily sign this agreement and agree to be legally bound:

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Signed by Lamar Hires
Signed On: March 3, 2025

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Optima Waiver

Unique Document ID: 720328c879a1967e613c4b6d177a58d3d6beccc4

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November 2, 2024 3:59 pm EDT

Optima Waiver Uploaded by Lamar Hires - grace@diverite.com IP 2603:301f:1ee6:400:1438:9268:c727:3a34