ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND 

HOLD HARMLESS AGREEMENT

This Assumption of Risk, Release of Liability, and Hold Harmless Agreement ("Agreement") is entered into between the undersigned participant ("Participant") and Silver Cup Lake Adventures LLC  and its subsidiaries, partners and affiliates ("Silver Cup").

Acknowledgment of Activities

Silver Cup offers access to a variety of water adventure activities, including but not limited to scuba diving, and related recreational activities (collectively referred to herein as "ACTIVITIES"). Participant acknowledges that participation in ACTIVITIES inherently involves risks, including but not limited to drowning, decompression sickness, barotrauma, equipment failure, interaction with wildlife, environmental hazards, and medical emergencies. These risks may result in serious injury, illness, permanent disability, or death, and Participant voluntarily accepts full responsibility for all known and unknown risks associated with ACTIVITIES, and hereby releases and holds harmless Silver Cup from any and all liability arising from the ACTIVITIES.  

Participant Responsibilities

Participant affirms that they are physically and mentally fit to safely participate, have no conditions that would prevent safe engagement in ACTIVITIES, and accept full responsibility for their personal safety and behavior. Participant agrees to comply with all posted lake rules, safety protocols, and directions provided by Silver Cup. Participant further acknowledges that Silver Cup is not responsible for monitoring health conditions, physical limitations, or diver fitness for participation.

Participant Status, Health, and Emergency Awareness

Participant certifies that they are physically and mentally capable of safely participating in the ACTIVITIES and have no medical conditions that could impair their safety or the safety of others. Participant agrees to notify Silver Cup of any relevant medical history and acknowledges that emergency medical facilities may be limited or delayed. Participant agrees to provide current emergency contact information.

Solo Diving Assumptions and Risks

Participant acknowledges that solo diving (diving without a buddy) presents heightened risks, including but not limited to lack of immediate assistance in the event of an emergency. If Participant chooses to engage in solo diving, they accept full responsibility for their actions and hereby release and hold harmless Silver Cup from any and all liability arising from solo diving ACTIVITIES.

Release of Liability and Hold Harmless Agreement

In consideration for being permitted to participate in ACTIVITIES, Participant voluntarily agrees to release, waive, discharge, hold harmless and covenant not to sue Silver Cup, or its subsidiaries, partners or affiliates, or their respective owners, agents, employees, contractors, successors, or assigns ("Released Parties") from any and all claims, actions, causes of action, liabilities, costs, and expenses, including attorney's fees, arising out of or related to participation in ACTIVITIES, whether caused by the negligence of the Released Parties or otherwise. Participant further agrees to hold harmless and indemnify the Released Parties against any loss or liability arising from their participation.

Legal Contract, Governing Law, and Severability

This Agreement shall be governed by and construed under the laws of the State of Ohio. The Participant agrees that jurisdiction and venue of all disputes under the Agreement shall be in the federal and state courts of Montgomery County, Dayton, Ohio.  If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes any prior agreements.  

Certification Upload and Emergency Information

Participant agrees to provide valid proof of certification (scuba diving, free diving, or equivalent) and emergency contact information prior to engaging in ACTIVITIES. Participant acknowledges that failure to provide such documentation may result in denial of access without refund.

Acknowledgment and Acceptance

By signing below, Participant affirms that they have carefully read, fully understand, and voluntarily accept the terms and conditions of this Assumption of Risk, Release of Liability, and Hold Harmless Agreement.  I agree that being permitted to access the property and participate at the stated cost in exchange for signing this release is a fair and reasonable arrangement. I have read and understood this document and agree to be bound by its terms.