You only have to sign one waiver per year for shore diving. If you're diving multiple shore dive days with us, please only sign one waiver, unless participating in a course then additional waivers will be necessary. This is a statement in which you are informed of the established safe diving practices for skin and scuba diving. These practices have been compiled for your review and acknowledgement and are intended to increase your comfort and safety in diving. Your signature on this statement is required as proof that you are aware of these safe diving practices. Read and discuss the statement prior to signing it. If you are a minor, this form must also be signed by a parent or guardian. This is also a release of your right to sue Maui Diving Scuba & Snorkel Center and its employees, contractors, agents and assigns for personal injuries of wrongful death that may occur during the forthcoming dive activity as a result of the inherent risks associated with scuba diving/snorkeling or as a result of negligence, passive or active. You are agreeing to all Lines 1-23. 1. I acknowledge that I am a certified scuba diver trained in safe diving practices. I will provide acceptable proof of certification by presenting a physical card, digital card (eCard on my phone) or an image of my physical card at check-in. I understand that a signed logbook does not provide proof of dive certification. Without evidence of certification at check-in, I acknowledge that I will not be able to join the dive and will be charged in full. 2. I understand that there are conservation laws and will not take marine life, chase turtles, or otherwise harass or damage the environment. I know and obey local dive laws and regulations, including fish and game and dive flag laws.
3. I am aware of the risks Inherent in this sport and accept these risks. I also understand that in this open water diving trip, I will be at a remote site and that there will not be immediate medical care or hyperbaric care available to me, and I expressly assume the risk of diving in such a remote spot.
4. I understand that even though I follow all of the appropriate safe diving practices, there is still some risk of my sustaining decompression sickness, embolism or other hyperbaric injuries, and I expressly assume the risk of said injuries. I am not flying in an airplane or going to Haleakala Crater for the next 24 hours.
5. I maintain good mental and physical fitness for diving. I acknowledge that I am mentally and physically fit to scuba dive/snorkel and I will not hold the above listed individuals/agencies responsible if I am injured as a result of heart, lung, ear or circulatory problems or other illnesses that occur while diving and/or snorkeling. If I do not feel well, I will not dive and I understand the cancellation policy will apply.
6. I avoid being under the influence of alcohol or dangerous drugs or any drugs contradictory when diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drug(s).
7. I am proficient in diving skills, striving to increase them through continuing education and reviewing them in controlled conditions after a period of diving inactivity, and refer to my course materials to stay current and refresh myself on important information.
8. I affirm that I breathe properly for diving. I never breath-hold or skip breathe when breathing compressed air, and avoid excessive hyperventilation when breath-holding. I am aware of the dangers of breath holding while scuba diving, and I will not hold Maui Diving Scuba & Snorkel Center and/or related entities such as employees, instructors, certified assistants, boat operators, booking agents, or diver training agencies responsible if I am injured doing so. I avoid overexertion while in and underwater and dive within my limitations.
9. I am aware that I will be diving with a buddy and will adhere to the buddy system throughout every dive. Plan dives - including communications, procedures for reuniting in case of separation and emergency procedures - with my buddy.
10. I am proficient in dive planning (dive computer or dive table use). Make all dives no decompression dives and allow a margin of safety. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of not more than 18 metres/60 feet per minute. Be a SAFE diver - Slowly Ascend From Every dive. Make a safety stop as an added precaution, usually at 5 metres/15 feet for three minutes or longer. I will not hold the above listed individuals and agencies responsible for my failure to safely plan my dive. The instructor may be required to act as an instructor if non-certified divers are present in which case this is the instructor's sole responsibility.
11. I will be familiar with my dive sites. If not, obtain a formal diving orientation from a knowledgeable, local source. It will be our responsibility to plan our dive, allowing for our diving limitations, and the prevailing water conditions. If diving conditions are worse than those in which I am experienced, postpone diving or select an alternate site with better conditions. I will engage only in diving activities consistent with my training and experience. I will not engage in cave or technical diving unless specifically trained to do so.
12. I expressly assume the risk and accept all responsibility to plan my dive, and dive my plan. I will return to the boat or beach with no less than 300 psi, and hereby agree to pay a $30.00 VIP fee if for any reason whatsoever I allow my cylinder to go below 300 psi. I will be aware of currents.
13. I will listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Recognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.
14. I will maintain proper buoyancy. I will adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal, and establish buoyancy when in distress while diving. Carry at least one surface signaling device (such as signal tube, whistle, mirror).
15. I will use a boat, float or other surface support station, whenever feasible.
16. I will use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. I will have a buoyancy control device, low-pressure buoyancy control inflation system, submersible pressure gauge and alternate air source and dive planning/monitoring device (dive computer, RDP/dive tables -whichever you are trained to use) when scuba diving. I will deny use of my equipment to uncertified divers. I will notify the above listed individuals if any of my equipment is not working properly. I will not hold the above listed individuals/agencies responsible for my failure to inspect my equipment prior to diving. I understand if I have notified the company that if I will be diving my own gear, and something malfunctions with my gear at the dive site, I will not be refunded for the dives not completed. I will put on and take off my fins last.
17. I understand and agree that any equipment provided to me by the above listed individuals/agencies is to be returned upon my completion of diving. Any equipment that is provided to me and becomes lost or damaged throughout the course of this activity will be paid for by me at full retail replacement cost.
18. I will not hold the above listed individuals/agencies responsible for any loss or damage whatsoever to any of my equipment or personal belongings which I choose to bring. This includes any damage or loss incurred in or out of the water, caused by negligence or gross negligence, active or passive. If something is found it will be held at the shop for a period of 3 days and then given to charity if no one has spoken for it.
19. l understand that if the dive guide is providing photographic services he/she is considered solely a photographer and not a guide. I also understand that the purpose of the instructor, captain and crew is not to perform rescues.
20. I understand and agree that dive sites will be selected based on prevailing weather and sea conditions in accordance with the captain instructor's best judgment and that alternate locations may be selected when deemed necessary. In the event that the activity is canceled altogether by the instructor/ captain, customer(s) will be refunded 100%.
21. I affirm that I am not under any pressure to sign and initial this agreement and statement of understanding, and that after doing so and paying for my diving trip, I have purchased the activity, whether I have paid cash, credit card or check, and I will guarantee the vendor all payments due for services.
22. Customer(s) wishing to cancel or reschedule activity must provide 72 hours/notice to Maui Diving Scuba & Snorkel Center. NO REFUNDS WILL BE GIVEN FOR CANCELLATIONS BY CUSTOMER WITH LESS THAN 72 HOURS NOTICE or when alternative site(s) are selected or for any other reason, such as weather, ear trouble or seasickness, before, during or after diving!
23. I understand the importance and purposes of the above established practices. I recognize they are for my own safety and well-being, failure to adhere to them can place me in jeopardy when diving. Liability Release and Assumption of Risk Agreement I, by this instrument do exempt and release my instructor(s), the facility through which I received my instruction, Maui Diving Scuba & Snorkel Center, PADI and ALL RELATED ENTITIES AS DEFINED OR UNDEFINED, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused. Including but not limited to negligence, whether passive or active and shall include released parties. I have fully informed myself of the contents of this liability release and express assumption of risk by reading it before I signed it on behalf of my heirs and myself. I further acknowledge I will be financially responsible with respect to payment for services rendered by entities. Maui Diving Scuba & Snorkel Center all activity centers unknown but inclusive of payment. I personally guarantee payment by credit card, check, travelers check for activity regardless of locations, weather, ear trouble, seasickness or any other factors, which might arise before during or after diving. By signing this release. I have purchased activity or service and understand no refunds will be considered whatsoever. I understand this contract supersedes any and all previous agreements I have with my credit card company. I understand and agree that PADI Members (“Members”), including Maui Diving Scuba & Snorkel Center and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of Maui Diving Scuba & Snorkel Center and/or the instructors and divemasters associated with the activity. I hereby affirm that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death. I understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand that diving trips, as well as the open water diving trips which are necessary for training and for certification may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such trips and instructional dives in spite of the possible absence of a recompression chamber in proximity to the dive site. I understand and agree that neither my instructor(s) the facility through which I receive my instruction, Maui Diving Scuba & Snorkel Center #18786 , nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occurs a result of my participation in this diving trip or program or as a result of the negligence of any party, including the Released Parties, whether passive or active. I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this trip or program including both claims arising during the trip or program or after I receive my certification. I also understand that skin diving and scuba diving are physically strenuous activities and that I will be exerting myself during this trip or program, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any 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 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 the terms herein are contractual and not a 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. 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 resulting from my death. I further represent 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 HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS. I, BY THIS INSTRUMENT DO EXEMPT AND RELEASE MAUI DIVING SCUBA & SNORKEL CENTER AND ALL RELATED ENTITIES AS DEFINED ABOVE FROM ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY. PROPERTY DAMAGE. WRONGFUL DEATH CAUSED BY NEGLIGENCE. PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS INFORMATION AND RELEASE BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF, MY FAMILY, HEIRS, ESTATE. AND/OR ASSIGNS. BY SIGNING THIS RELEASE FORM, I UNDERSTAND THAT I HAVE PURCHASED ACTIVITY OR SERVICE. I UNDERSTAND THIS CONTRACT SUPERSEDES ALL PREVIOUS CONTRACTS AND AGREEMENTS WITH MY CREDIT CARD COMPANY AND I PERSONALLY GUARANTEE PAYMENT, CREDIT CARD. CHECK TO VENDOR. BY INITIALING THIS I UNDERSTAND ALL OF THE ABOVE CONTENTS.
April 19, 2024
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