Assignment Questions:

Charles joined DeepSea scuba diving club in Hong Kong and participated a scuba diving training course in Sai Kung.Before he paid for the training, he was required to sign an indemnity agreement which include the following clause:

Clause 5:

"I understand and acknowledge that the training is carrying potential dangers incidental to my participation in the training course, including significant risk of bodily injury and possibly death. The risks may result from the training itself, from the acts of other, from the use of the equipment, natural and manmade obstacles or hazards, surface and environmental conditions, and risks which in combination with my actions. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the acts of the company and agree that I, and not the company, or any employees of company, take responsibility for participating in the training course and I am totally responsible for my safety while I participate in this activity."

During the training,Charles was separatedfrom other participants while out diving. The trainers only concentrated on the training of other participants and did not aware of his separation.Charles then floatedin open water for 22 hours before eventually reaching a rocky islet where he was rescued two days later.Charles was injured and had spent $15,000 medical expense.

Required:

Advise Charles whether he can claim DeepSea for the medical expense incurred for the injury caused by the careless of the instructors.

Hints: in your answer, you should discuss:

1.What is the purpose and effect of clause 5?

2.Is this clause effective between Charles and the club?