PART 1 TRAVEL AND TOUR CONTRACTUAL LIABILITY RELEASE & WAIVER
THIS IS A RELEASE OF YOUR RIGHTS TO SUE I. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE 20,000 Leagues Scuba and Aquatics, LLC (HEREAFTER CALLED DIVE STORE, THEIR EMPLOYEES, AGENTS AND ASSIGNS AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY ARISING AS A CONSEQUENCE OF THE FOLLOWING OR ANY OTHER ACT OR OMISSION ON THEIR PART, INCLUDING BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE. 2. By way of my signature on this contract I certify that I am a certified diver or a student diver and have been taught and understand that scuba diving is a hazardous sport. I also fully understand that scuba diving has inherent risks and dangers including, but not limited to, risks associated with equipment failure which could lead to my serious injury or death. BY MY SIGNATURE ON THIS DOCUMENT I EXPRESSLY ASSUME THESE RISKS. I acknowledge that I am physically fit to scuba dive or snorkel and engage in this trip. I further agree that I will not hold any of the above named individuals, persons, or entities responsible should I become injured as a result of a medical condition while I am participating in this trip, scuba diving or snorkeling. At no time during this trip will I have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving. 3. In consideration for allowing my participation in this trip, which is being offered by the dive store, I fully understand that prevailing weather conditions may cause certain modifications to the dive program. I also fully understand that any transportation or equipment made available by the resort or boat operators who are providing services to me is not the responsibility of the dive store. I also fully understand and agree that the dive store acts only on behalf of itself and itself alone in arranging this travel/trip tour. I understand the dive store is in no way responsible for any acts, errors, or omissions including active or passive negligence by any provider of transportation, equipment, dive services, hotel, tour operator, divemaster, scuba instructor, dive boat, dive boat captain and crew, or any other provider who is engaged to render any service whatsoever on this trip/tour. 4. My signature on this document affirms that I am fully aware of the dangers, risks and hazards of holding my breath while diving and the dangers associated with a rapid ascent. I certify that I am fully aware of the possibility that my equipment may malfunction during a dive which could include a free flowing regulator, stuck inflator button, unwanted inflation or inability to inflate my buoyancy compensator. I certify that I have been trained and know how to overcome these eventualities should they occur to me. I agree not to hold any of the individuals or entities named within this document responsible for any such act. 5. I understand that illness may occur during this scuba diving trip and I may not be able to complete all the diving activities. Such missed scuba dives as a result of my illness may result in failing to complete all dives necessary for a scuba certification. Dives not completed will not result in refunds or partial refunds of trip fees paid as those fees are paid to the dive operator. In addition, I understand that any illness suffered on the dive trip is not the fault of the Dive Shop and I agree not to hold any of the individuals or entities named within this document responsible for any such illness. 6. I understand that there are risks associated with diving with marine animals including stings, bites, scrapes or other marine life injuries and accept this risk. I further agree not to hold any of the individuals or entities named within this document responsible for any such marine life injuries. 7. IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT AND MY SIGNATURE HEREON TO GIVE UP ALL OF MY RIGHTS TO SUE ANY INDIVIDUALS OR ENTITIES REFERRED TO WITHIN THIS DOCUMENT, WHETHER SPECIFICALLY NAMED OR NOT. FURTHERMORE IT IS MY EXPRESS INTENTION TO EXEMPT AND RELIEVE THE DIVE STORE, THEIR EMPLOYEES, AGENTS AND ASSIGNS AND TO EXPRESSLY AGREE TO INDEMNIFY AND HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURIES, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTIVE OR PASSIVE NEGLIGENCE RELATED IN ANY FASHION TO MY PARTICIPATION IN THIS TRIP. I SPECIFICALLY AND EXPRESSLY ASSUME ALL RISKS IN CONNECTION WITH THIS TRIP. 8. I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES. I REALIZE THAT THIS DOCUMENT IS A CONTRACT. 20,000 Leagues Scuba and Aquatics Trip Policies 20,000 Leagues Scuba and Aquatics operates our scuba diving travel experiences with operators around the world. We work with our travel agents and contacts to select locations and operators who are reliable and provide excellent service in order to provide great experiences to our Dive Buddies. Please understand that we make payments on your behalf to the diving/tour operators and as with any other service, there are policies which you should be aware of. Payment Schedule 50% of your trip fees are due at time of booking unless the travel is scheduled within 45 days. The remainder may be paid using the following schedule: - Domestic trips: 45 days prior to departure
- International trips: 25%: 180 days prior to departure; remaining 25%: 90-120 days prior to departure. See below.
Cancelations Once a deposit is made, you may cancel your trip with refund within the following time periods: Domestic trips: Greater than 45 days prior to departure International trips: - Greater than 120 days prior to departure
Payment for travel outside of the United States and all liveaboard trips are due in full 120 days in advance. After those time frames, refunds are not possible as all payments are made to the dive and tour operators. Traveler’s Insurance 20,000 Leagues Scuba and Aquatics does not provide travel insurance for any domestic or international dive trip. While we do not have a preferred provider for travel insurance, we have provided a partial list of companies who provide this insurance. We suggest but do not require travel insurance. If you choose to purchase travel insurance, we are providing some recommendations from Forbes “The Best and Worst Travel Insurance Companies” and Consumer Advocate Top 10 Travel Insurance companies. 20,000 Leagues Scuba and Aquatics does not recommend any specific travel insurance company. Make sure to understand the coverage and costs from each company and choose one that best fits your needs. - Allianz Global Assistance 1-866-672-9580
- Generali Global Assistance 1-215-942-8226
- Seven Corners 1-800-335-0611
- Travelex 1-800-228-9792
- Travel Guard (through AIG) 1-800-826-5248
- Travel Insurance.com 1-877-906-3950
For more information, see the Consumers Advocate link here: https://www.consumersadvocate.org/travel-insurance/a/best-travel-insurance Other companies for consideration include: - DiveAssure 1-866-898-0921
- DAN Travel Insurance: 1-877-828-6717
I have received a copy of 20,000 Leagues Scuba and Aquatics travel policies. By signing this agreement, I agree not to hold any of the individuals or entities named within this document responsible for any events which may require me to cancel the trip for any reason whatsoever. Today's Date: April 20, 2024 PART 2 SDI GENERAL LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK FOR Guided Scuba Tours for Certified Divers Please read carefully, fill in all blanks and initial each paragraph before signing at bottom. I hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving activities and participation in a guided tour as a diver. Further, I understand that diving with compressed air, oxygen enriched air (Nitrox), and trimix supplied by standard open circuit scuba or with semi-closed circuit or closed circuit rebreathers involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, hypoxia, hypercapnia, marine life injuries or other barotrauma or hyperbaric injuries. Such injuries can occur that require treatment in a recompression chamber or medical facility. I further understand that dive activities can be at remote sites, and isolated by time and distance, from such a recompression chamber or medical facility. I still choose to proceed with such dives in spite of the absence of a recompression chamber in proximity to this site. I understand and agree that neither the instructor/guide (ALL INSTRUCTORS AND DIVEMASTERS OF 20,000 LEAGUES SCUBA AND AQUATICS), nor any of the respective employees, officers, agents or assigns of 20,000 LEAGUES SCUBA AND AQUATICS, (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this diving activity or as a result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in this activity I hereby personally assume all risks in connection with said trip, for any harm, injury, or damage that may befall me while I am a diving participant including all risks connected therewith, whether foreseen or unforeseen. I further agree to save, defend, indemnify, and hold harmless said Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my participation and diving activities including claims arising during this activity even if such claims may be groundless, false or fraudulent. I also understand that diving activities are physically strenuous and that I will be exerting myself during this diving trip and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold the above listed individuals or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said Released Parties for any such injuries incurred by me. I understand that these activities may place me deeper than I am able to safely execute a free ascent (without breathing gas) from. I understand that I may be required to furnish some of my own equipment and that I am responsible for its operating condition and maintenance I understand that I may be supplied with certain items of scuba equipment and that I am responsible for reviewing its proper function and operating condition prior to using it 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 guardian. I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. BY THIS INSTRUMENT, ITIS MY INTENT TO EXEMPT AND RELEASE MY INSTRUCTORS DIVEMASTER/GUIDE AND ALL OTHER RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS. | 