Read OceanGate's 4-page waiver signed by a would-be Titan passenger listing all the ways they could die in the 'experimental' sub

Jyoti Mann
Updated ·10 min read
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  • OceanGate required Titan passengers to sign a waiver that mentioned death numerous times.

  • It referred to the submersible as "experimental" 3 times in the document reviewed by Insider.

  • OceanGate also stated the Titan was constructed using materials "not widely used" for other subs.

Passengers who planned to dive on the Titan submersible had to sign a waiver that mentions death 3 times on the first page.

The release of liability agreement lists a number of ways passengers on a trip to the Titanic could die, according to the document reviewed by Insider.

They included being subjected to "extreme pressure" or any other failure of the sub, "unpredictable" conditions such as oceanic or atmospheric, and from boarding "small vessels and other equipment."

Other risks of death covered in the waiver include being exposed to high-pressure gasses, pure oxygen servicing and high-voltage electrical systems, the document stated.

It noted that the "experimental" sub was constructed using materials that have "not been widely used" for other subs, and reminded passengers that the Titan sub hadn't been certified or approved by regulatory bodies.

By signing the waiver, passengers also gave up the right to take legal action for injury or "any other loss."

Mike Reiss, who traveled on the Titan sub last year, previously told BBC News that death was "never far from your mind" given the number of times it was mentioned in the waiver.

Reiss, a writer for "The Simpsons," said: "So nobody who's in this situation was caught off-guard – you all know what you are getting into."

An OceanGate representative told Insider it was "unable to provide any additional information" about the waiver.

Read the full OceanGate waiver and release signed by one would-be passenger:

 



I,______, acknowledge that I have voluntarily applied to participate in the Titanic Survey Expedition (the "Expedition") arranged by OceanGate Expeditions, Ltd., a company registered in The Bahamas. The Expedition will embark from Newfoundland, Canada. From there, participants will travel for the most part aboard non-United States flagged vessels. The Expedition will be largely conducted in international waters. The shipwreck of the RMS Titanic lies at a depth of approximately 3,800 meters and is approximately 380 nautical miles south-southwest off the coast of Newfoundland.

I have been informed about the nature of the Expedition and the risks it presents, including that:

I on behalf of myself, my heirs, distributes, assigns, guardians, personal representative, estate, executors, administrators, assigns, and for all members of my family, including minor children, (hereinafter collectively "Releasor") hereby release, waive, and forever discharge OceanGate Expeditions, Ltd., and its owner (OceanGate, Inc.), their officers, directors, shareholders, principals, agents, representatives, members, employees, clients, partners, subcontractors, OceanGate Foundation, Virtuoso Ltd., Virtuoso Ltd. network member agencies and authorized agents, Virtuoso Ltd. agents, affiliates or contractors and each of their officers, directors, shareholders, principals, agents, representatives, members, employees, owners, contractors and affiliates, , or other party involved in the sale or organization of the Expedition and all of my co-volunteers (each a "Released Party" and collectively the "Released Parties") from all liabilities, actions, claims, demands, costs, losses, or expenses which I or my heirs, distributees, guardians, legal representatives, next of kin, members of my family (including minor children), or assignees may have against the Released Parties, on account of injury to myself or my property, or resulting in my death, arising out of or in any way connected with my participation in the Expedition, including travel, to and from the Expedition site.

I hereby assume full responsibility for the risk of my bodily injury, disability, death, and property damage due to the negligence of any Released Party while involved in the Expedition. I hereby assume full responsibility for any and all risks of property damage, injury, disability, or death. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL IN JURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO OR FROM THE EXPEDITION, OR FROM CONDITIONS AT THE EXPEDITION LOCATIONS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE EXPEDITION.

I hereby agree to defend, indemnify, save, and hold harmless OceanGate Expeditions, Ltd., OceanGate Inc, OceanGate Foundation, and the other Released Parties from any loss, liability, damage, or costs they may incur, including attorney's fees and any related costs, due to any claim brought in violation of this Release or with respect to my participation in the Expedition.

I further agree that my participation in this Expedition does not give rise to an employer/employee relationship, and does not bind OceanGate Expeditions, Ltd., to provide any form of workers' compensation insurance, health insurance, or benefits.

During the Expedition I consent to the administration of first aid and medical treatment, which may seem reasonably advisable, in case of my injury or illness. If I am unable to consent due to unconsciousness, disorientation, or other mental incapacity, I hereby appoint the captain of the support vessel as my attorney-in-fact to consent to any treatment he or she deems advisable. I further certify that I voluntarily assume the risk of any medical or physical condition I may have. I further agree to assume all costs involved in my medical care or emergency medical transportation. I am aware and understand that I should carry my own health insurance.

I understand that OceanGate Expeditions, Ltd., may contract with independent contractors to provide services on the Expedition, including transportation. I understand that OceanGate Expeditions Ltd., has no control over, and accepts no responsibility for, the actions of any independent contractor involved in providing services on the Expedition.

I have had sufficient opportunity to read this entire document. In signing this document, I acknowledge that if I die, am hurt, or incur property damage during my participation in the Expedition, I may be found by a court of law to have waived my right to maintain a lawsuit against OceanGate Expeditions, Ltd., OceanGate Inc, OceanGate Foundation, and the other Released Parties as a result of signing this Release. I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS WHICH I OR MY HEIRS, GUARDIANS, EXECUTORS, ADMINISTRATORS, ASSIGNS, FAMILY MEMBERS, OR PERSONAL REPRESENTATIVES MAY HAVE. If any part of this Release is deemed unenforceable, all the parts shall be given full effect to the extent possible. This Waiver and Release Agreement supersedes any and all previous oral or written promises or other agreements relating to the Expedition.

Any disputes related to or arising from either the Expedition or this Release shall be governed by the laws of The Bahamas. Any dispute arising from either the Expedition or this Release shall be resolved in the courts of The Bahamas.

 

Read the original article on Insider