CONTINUING WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY, TRAVEL POLICY, AND EMERGENCY CARE PERMISSION
PLEASE READ CAREFULLY BEFORE SIGNING BECAUSE THIS IS A CONTINUING RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. IT ALSO GRANTS CONTINUING PERMISSION FOR EMERGENCY CARE. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. In consideration of permitting me, (participant), to enroll in a swim, snorkeling, or scuba diving instructional course and/or participate in Swimming, Snorkeling, Scuba Diving, Swim Parties, Physical Activities, Travel, Excursions, Boating, Other Recreational Activities, and Related Operations (hereafter known as “Adventure Activities”) conducted by Ray Scuba Diving, LLC, (hereafter known as “Ray Scuba”) beginning on November 23, 2024, I agree for myself, my personal representatives, heirs and next of kin: Understandings: I affirm I am voluntarily engaging in Adventure Activities now or in the future and that I am mentally and physically prepared to engage in Adventure Activities. I Agree
I hereby release, waive, discharge and agree not to sue, neither my Instructors, Dive Professionals, Jesse Larrabee, Glenn Ray, M. Teresa Tallon, Gregory Such, Richard Kruzel, Amber Lane, Justin Owens, Christa Ray, James Ray and the facility Ray Scuba Diving, LLC, 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 occur as a result of my participation or as a result of the negligence of any party, including the Released Parties, whether passive or active. I Agree
I further release, exempt and hold harmless Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my participation in Adventure Activities including both claims arising during participation and after I receive certification. I Agree
I affirm that if I am a certified diver, or when I become one, I will dive in conditions approximate to those in which I was trained without the direct supervision of an instructor and understand the need for additional training to dive under any other circumstances and after periods of diving inactivity. I understand that if I am a student diver I will dive under the control and supervision of a certified scuba instructor only. I Agree
Risks: I hereby affirm that I am aware that Adventure Activities have inherent risks which may result in serious injury or death. I Agree
I also understand that Adventure Activities are physically strenuous activities and that I will be exerting myself, 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 Agree
I understand that Adventure Activities with compressed air involve 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 Adventure Activities 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 participate in Water Activities despite the possible absence of a recompression chamber. I Agree
Equipment: 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 Agree
I understand that I may be leased and/or 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 will examine and inspect the equipment and verify that it is in good condition in every respect, and I agree to return in the same condition as received, less ordinary and normal wear and tear, and I further agree to pay such additional charge as may be made if not returned in good or clean condition. In the event the equipment is lost, damaged or destroyed, I agree to pay all reasonable charges and costs thereof as Ray Scuba may impose. Ray Scuba may take immediate possession of said equipment whenever said equipment may be found, without being liable for trespass, and that such repossession shall not relive me of his liabilities here. I Agree
Health & Emergency Consent: I affirm I am in good health and have no physical condition that would prevent participation in any activity. I understand that past or present medical conditions may be contraindicative to participation in activities. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have a history of seizures, dizziness or fainting, or a history of heart condition (e.g. cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems such as emphysema or tuberculosis. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities. I further agree if at any time I am not in good health to stop participation and let Ray Scuba know immediately. I further agree it is my responsibly to consult with my doctor to ensure I am in good health and have no physical condition that would prevent me from participating. I Agree
I acknowledge that it is my responsibility to provide for my own and/or my child(ren)’s own accident and health coverage while participating. I understand and agree that Ray Scuba strongly recommends that each participant carry adequate dive insurance to protect themselves in advance against any unforeseen circumstances that may occur. I Agree
In the event I cannot be reached and/or am incapacitated or otherwise able to give consent, I give permission for emergency medical, surgical and hospital treatment and procedures to be performed by a licensed physician or hospital, when deemed immediately necessary to safeguard my/my child(ren)’s health. I exempt and release all Released Parties of all responsibility for action(s) taken by the doctor(s), hospitals, or other medical care providers in the treatment and attendance of me or my child. I Agree
Photo Release: I agree to grant Ray Scuba and its authorized representative’s permission to record photography film and/or video, pictures of me, my children, and guests’ participation. I further agree that any or all the material photographed may be used, in any form, including but not limited to print or digital, to promote Ray Scuba, and further that such use shall be without payment of fees, royalties, special credit or other compensation. I grant Ray Scuba and its agent’s permission to utilize name, image or likeness in any live or recorded audio, video or photographic display or other transmission or reproduction, in whole or in part. I Agree
Travel & Excursions: I understand and agree that Ray Scuba strongly recommends that each participant carry adequate travel insurance to protect themselves in advance against any unforeseen circumstances that may occur. Any liabilities for trip interruptions, cancellations, or general travel disruptions will be the responsibility of the participant. I Agree
I understand and agree to be financially responsible for all spaces booked, and each individual space is considered a separate reservation and is subject to the cancellation and refund policy. I Agree I understand and agree Ray Scuba and its vendors incur unrecoverable charges preparing for Travel and Adventure Activities, monies cannot be returned if cancellations occur less than 180 days before departure. For cancellations greater than 180 days from departure Ray Scuba will issue a full refund of payments made to date minus deposits and minus a $400 processing fee. If a reservation is canceled within 180 days prior to departure Ray Scuba will refund the trip minus the deposit and processing fee, ONLY if the trip is full and if you are able to resell your canceled space within the same parameters as the original booking. If payment is not received within 10 days past the due date, a 10% late fee will be added to the balance owed. If a payment is outstanding for 30 days, the space on the trip will be released and all funds paid will be forfeited. I Agree
Remoteness of areas, local customs, or prevailing weather conditions may cause substitution of facilities and/or equipment, minor inconveniences or modification to portions of the itinerary. Ray Scuba reserves the right to modify and/or cancel arrangements due to unfavorable weather conditions and to substitute comparable equipment. No refunds can be made for canceled arrangements due to adverse weather, or for substitution of facilities and/or equipment or for services or goods provided in the itinerary should such services or goods not be utilized by the applicant. All participants agree to comply with any reasonable term or regulation that Ray Scuba may prescribe. No refunds can be issued for unused portions of any travel package, including but not limited to transportation, dives, nitrox, and meals, regardless of the reason(s) it was not used. I Agree
Lawful Age & Release: 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 Agree
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 Agree
I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, DIVE PROFESSIONALS, STAFF OF RAY SCUBA DIVING LLC, RAY SCUBA DIVING LLC, JESSE LARRABEE, GLENN RAY, M. TERESA TALLON, GREGORY SUCH, RICHARD KRUZEL, AMBER LANE, JUSTIN OWENS, CHRISTA RAY, JAMES RAY AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS CONTINUING WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY, TRAVEL POLICY, AND EMERGENCY CARE PERMISSION AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.
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