Effective May 17,2009 -- The following are the North Coast Divers Website Code of Conduct and Rules. All users must agree to abide by these prior to becoming a user of the website. In addition, a signed waiver must be on file to be a club member. Please keep this fresh in your mind when you post messages to your fellow members.You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International, Federal or State law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.
Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. Any member receiving a black spot is required to buy beer for the moderators. This is a manual process, so please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
After you register and login to this forum, you will be asked to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.
This forum is currently free to use, but it still cost money to keep it up and running. To cover cost we would hope that all users would be willing to donate a minimum of $5.00 per calendar year in the month of January. If you are new to the forum a $5.00 donation upon joining the forum would be greatly appreciated. At any time a forum user can donate a larger sum. Also if the need arise due to a lack of donations a charge can later be imposed to all users keep the board up and running.
All commercial advertising to benefit for-profit businesses must be approved through the administrators prior to posting. Fees and amount will be imposed on a case by case situation. All fees collected will be used to offset the cost of the website.
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North Coast Divers
LIABILITY WAIVER, STATEMENT OF QUALIFICATIONS AND ASSUMPTION OF RISK AGREEMENT
Name: _____________________________
Address: _____________________________
City: _____________________________
Phone: (_______)_____________________
Cell: (_______)________________________
Email:________________________________
Emergency Contact: ____________________
Emergency Phone: ____________________
I hereby affirm that I am aware that skin and scuba diving have inherent risks which may
result in serious injury or death.
I am a certified scuba diver. My highest level of certification is ____________________
from _____________ on __________. My certification number is ______________________.
(Agency) (Date)
I understand I am solely responsible for making the decision to participate in any North
Coast Divers event or dive, or to continue such participation. I acknowledge that, as a certified
diver, I can call any dive, at any time for any reason or no reason at all. I further acknowledge
that it is entirely my responsibility to determine that I have proper diving equipment and
compressed gas mixtures, proper physical and mental health, appropriate training and experience
for each dive.
I understand that diving with compressed air involves certain inherent risks; including,
without limitation, decompression sickness, embolism, or other hyperbaric/air expansion injury
that may require treatment in a recompression chamber. I further understand that many North
Coast Divers dives may be conducted at a site that is remote, either by time or distance or both,
from such a recompression chamber and other emergency medical services. I still wish to
participate in North Coast Divers dives and other events, in spite of the possible remoteness of a
recompression chamber or other emergency medical services.
I understand and agree that neither the North Coast Divers, its members, my dive
buddy(ies) nor other participants in North Coast Divers events (“Released Parties”) may be held
liable or responsible in any way for any injury, death or damages to me, my family, estate, heirs
or assigns that may occur as a result of my participation in North Coast Divers events or
activities or as the result of the negligence of any party, including the Released Parties, whether
passive or active. I acknowledge that I am solely responsible for my own safety and will not rely
upon any Released Party for safety.
In consideration of being allowed to participate in North Coast Divers’ events or
activities, I hereby personally assume all risks of my participation, whether foreseen or
unforeseen, that may befall me.
I further release and hold harmless the Released Parties from any claim or lawsuit by me,
my family, estate, heirs, or assigns, arising from my participation.
I understand that scuba diving is a physically strenuous activity and that I will be exerting
myself during my participation, and that if I am injured, including without limitation as a result
of heart attack, panic, hyperventilation, drowning or other cause, that I expressly assume the risk
of said injuries and that I will not hold the Released Parties responsible for the same.
I acknowledge that, unless otherwise agreed in writing, no student/instructor relationship
or other special duty of care will be created even though I may ask for or receive advice or other
assistance from Released Parties, even if such Released Parties are scuba instructors, divemasters
or leaders of the North Coast Divers.
I further state that I am of lawful age and legally competent to sign this liability release,
or that I have acquired the written consent of my parent or legal guardian below. I understand
that the terms are contractual and not mere recital, and that I have signed this Agreement of my
own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree
that if any provision of this Agreement is found to be unenforceable or invalid, that provision
shall be severed from this Agreement and the remainder of this Agreement will then be
construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties
but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties upon
my death or incapacity. I further represent that I have the authority to do so and that my heirs,
assigns or beneficiaries will be estopped from claiming otherwise because of my representations
to the Released Parties.
I, ________________________, BY THIS INSTRUMENT AGREE TO EXEMPT AND
RELEASE THE NORTH COAST DIVERS AND RELATED PERSONS, AS DEFINED
ABOVE AS “RELEASED PARTIES,” FROM ALL LIABILITY OR RESPONSIBILITY
WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL
DEATH HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE
OF THE RELEASED PARTIES, WHETHER ACTIVE OR PASSIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF
THIS LIABILITY WAIVER AND ASSUMPTION OF THE RISK AGREEMENT BY
READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS.
____________________________________________ _______________________
[Participant] [Date]
____________________________________________ _______________________
[Parent / Legal Guardian] [Date]
____________________________________________ _______________________
[Witness Signature] [Witness Printed Name]
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To be a member of the dive club a signed waiver and agreement to the code of conduct must be on file. This can be accomplished by printing out the waiver and Code of Conduct. Sign both and send it to the following address below. Once received you will be sent a PM acknowledging you are a member in good standing.
NCD Waiver and Code of Conduct
PO Box 1032
Sebastopol, CA 95473
In addition to the Code of Conduct for the web site listed above, the following Rules and Guidelines must be followed at all club functions, or when representing the club.
1. Diving is a social enjoyment activity. This forum is set up for individuals to talk about their diving and plan out their next adventures. With this in mind we all realize that there are many different forms of diving and that we will accept all forms that follow the safe diving guidelines set up by the training agencies.
Members will hold themselves to the following standards:
A. We will choose to dive sober of drugs or alcohol.
B. We will choose to not dive if we have taken prescription or over the counter medicines that could affect our dive.
C. We will choose to dive only when were are well rested, alert .
D. We will choose to not bring illegal drugs to club events.
E. We will choose to use the buddy system at all club events.
F. We will choose to dive within our level of certification and comfort level.2. Most of our dives are at public places or at state parks. It is important for all of us to follow all laws while at club events as to promote the club.
A. We will follow all laws applicable to weapons.
B. We will choose to follow all hunting laws as well a sound hunting practices to not over hunt an area.
C. We will strive to leave dive and club event areas cleaner then we found them.
D. We will set an example for other users by treating each other, other users and our environment with the utmost respect.3. Our club events are set up as shore dives, but members can bring boats or other water craft as well to club dives. In doing, so we all want to strive for safety and to follow all rules of safe boating practice supported by the USCG at
http://www.uscgboating.org/safety/safety.htm and
http://www.uscgboating.org/regulations/regulations.htm. A. Any individual who brings a boat also brings an appropriate PFD (Personal Flotation Device) for each person on the boat.
B. Any individual who chooses to go out on a boat chooses to do so and understands that boat diving unless chartered is not part of the NCD club function.
C. Boat diving is fun, but requires more knowledge to do so safely. In that manner all boat owners are responsible to perform a safety briefing on how to safely ride and dive on an individual’s boar prior to departure.4. Our monthly club dives are set up so that not only the usual divers have a place and time to meet, but so that new divers will have a place to meet new dive buddies and friends.
A. With that said at all club dives members will strive to include new members in their dives.
B. Accurately exchange dive background to find a comfortable match
C. Members will choose to dive within their level of experience and skill level.
D. Members will understand that there are many different skill levels involved within the group and that all diving is done at a recreational level with no implied DM to diver relationship being set up.
E. Members will choose to follow safe buddy Check procedures prior to diving5. Unfortunately in life, we at times make poor choices. This is generally understandable, but to make this a safe and enjoyable place for all, the following consequences have been put in place to help us make the right decisions, the following include:
ON THE BOARD:A. An individual or group of individuals can be asked to change their post on the forum if it causes another member offense and a member has alerted a club moderator or Admin.
B. On a second offense a 7 day ban from the board can be put in place and you will be asked to not dive at any club function during that time.
C. On a third offense a 30 day ban from the board can be put in place and you will be asked to not dive at any club function during that time.
D. On a fourth offense a Permanent ban from the board will be put in place and you will be asked to not dive at club functions.AT CLUB EVENTS:Remember that only club members are invited to dive at club events and to be a member one simply has to have submitted a signed club waiver prior to diving.
A. An individual or group of individuals can be asked to change their actions, if it causes another member discomfort and a member has alerted a club moderator or admin.
B. On a second offense, a 7 day ban from the board can be put in place and you will be asked to not dive at any club function during that time.
C. On a third offense a 30 day ban from the board can be put in place and you will be asked to not dive at any club function during that time.
D. On a fourth offense a permanent ban from the board will be put in place and you will be asked to not dive at club functions.If at any time the club moderators and admins as a whole have determined that a violation to a club rule or rules is so great to cause or caused harm to themselves or another individual an individual can be immediately banned from the board and the club.
Thank you.
I have read the above NCD code of conduct and agree to follow the above rules and any future additions to the rules set forth by the moderators and admins. I also agree to the consequences if I do not follow the rules set forth by the NCD forum.
Name:________________________________
Signature:_____________________________
Date:_________________________________
