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Local Charter Agreement

DIVENTURES TRAVEL, LLC

DBA "Diventures"

 

Trip Terms and Conditions

 

I, the undersigned participant (hereinafter “I/me/my” and/or “Participant”), on behalf of myself and any minor children under 18 years of age, agree by signing below that I am legally binding myself and my minor children named below, as Participants, to the terms and conditions and the TRAVEL AND TOUR CONTRACTUAL ASSUMPTION OF RISK, LIABILITY RELEASE & WAIVER below:


Deposits & Payments: Every Diventures trip requires a non-refundable deposit and timely payments made. Reservations are not guaranteed until a deposit and all participants’ paperwork is completed. Failure to make any scheduled payment may result in a loss of reservation. Diventures reserves the right to revise payment schedule and/or prices associated with a reservation without prior notice for any reason, including unforeseen costs at the time of booking.


Cancellation & Refunds Policy: Upon cancellation of Participant’s reservation for any reason, the refund of the deposit and payments made or due will be contingent upon Diventures reselling the Participant’s reservation. Participant will be responsible for any non-refundable costs incurred by Diventures.*Non-refundable costs include any such fees imposed by Diventures, or any airline, tour company, dive operator, or other contractor associated with the trip.


Trip Insurance: Diventures strongly encourages all trip Participants to purchase trip insurance. Any changes to Participant’s reservation or cancellation of a Participant’s reservation for any reason, including causes beyond the reasonable control of Diventures, including but not limited to acts of terrorism, war whether declared or not, any failure/delay/substitution of any transportation/services/equipment of any Diventures affiliate, accidents, natural catastrophes, or government’s acts, will be subject to the Cancellation & Refunds policy stated above.


Dive Medical Insurance: Diventures requires all participants who will be participating in any diving activities during their trip to purchase dive medical insurance. I acknowledge and agree that I am responsible for payment of all amounts incurred due to an injury or other medical condition or emergency while participating in the trip and/or any diving activities, whether or not covered by the required dive medical insurance. I further acknowledge and agree that Diventures is not responsible or liable for payment of any such amounts.


Unforeseeable Circumstances: Prevailing weather conditions natural events, fire, flood, earthquake, hurricane, explosion, war (declared or not), acts of terrorism, epidemics, acts of government authorities, changes in law, strikes, labor disputes, and any other unforeseeable circumstances beyond Diventures reasonable control may cause certain modifications to all or part of the original trip schedule. Store credit may be given for such modifications, and any additional fees resulting from weather or other such unforeseeable circumstances will be Participant’s sole responsibility.


Trip Release: Each Participant must complete and sign the Diventures Trip Release and Assumption of Risk and any other forms, addendum, or documentation as may reasonably be required by Diventures or by any Diventures affiliate.


SSI Responsible Diver Code

Scuba diving is an adventure activity that requires the use of specialized life support equipment in an underwater environment where humans could not otherwise exist. As with other adventure activities, scuba diving has elements of risk that cannot be totally eliminated regardless of the amount of training, care, caution or expertise. SSI believes these risks may be reduced through the SSI Diver Diamond - development of proper Knowledge, Skills, Equipment and Experience. Ultimately it is up to each individual diver to assume the inherent risk associated with scuba diving and each diver’s responsibility to minimize the risk through exercising good judgment, common sense, respect and personal awareness during all diving activities. SSI has developed a Responsible Diver Code to remind divers of your responsibilities for each dive.

As a Responsible Diver - I pledge to:

1. DIVE COMPETENTLY - Always dive within my training, certification, experience, comfort and ability.

2. MAINTAIN APPROPRIATE DIVER HEALTH - Including appropriate fitness, physical health and mental awareness to dive.

3. UTILIZE A DIVE PLAN - Plan my dive and dive my plan. Listen to and follow dive briefings.

4. BE A RESPONSIBLE DIVE PARTNER - Remain with my dive partner from start to finish of my dive. Know our plan to reunite if separated underwater.

5. INSPECT MY DIVE EQUIPMENT - Before each dive, I will inspect my equipment and make sure everything is working properly. I will confirm my cylinder valve is completely open. When using blended gas (i.e., Enriched Air Nitrox) – I shall analyze my gas and know its limitations. I will establish proper weighting, know how to release my weights, and verify my buoyancy compensator (BC) and inflator are connected and functioning properly. I will secure my submersible pressure/depth gauge and/or dive computer where it is easily accessible, and know how to use each.

6. DIVER AWARENESS - Monitor my cylinder pressure; making sure to surface with reserve gas and never run out of gas. Monitor my depth and time, respect no decompression limits, perform controlled ascents, safety stops, and monitor my dive partner.

7. MAINTAIN PROFICIENT SCUBA SKILLS - I understand scuba skills and knowledge are perishable. If it has been more than six months since my last dive, I understand the importance of taking a Scuba Skills Update course. I will maintain proper buoyancy throughout my dive, ascend slowly, and breathe properly to avoid overexpansion injuries.

8. RESPECT THE ENVIRONMENT - Be aware of currents, waves, visibility, temperature, weather, boat traffic, slippery, uneven and unstable surfaces, overhead environments, entanglements, and hazardous marine life. I understand boats are unsteady surfaces and will always use one hand to stabilize myself. I understand the importance of taking an orientation dive with a local professional when diving in unfamiliar environments. I will obey all diving and applicable regulations, statutes and codes.

9. PLAN FOR EMERGENCIES - In addition to inspecting all of my dive equipment, I will verify my dive partner’s equipment is functioning properly, configured appropriately and that I know how to remove our weights in case of an emergency. I will make sure our alternate air sources are properly secured and easily accessible in case of a low air or out of air emergency. I will know scuba hand signals and how to alert others in case of an emergency. I will have an emergency action plan in case my dive partner or I have an emergency.

10. ACCEPT RESPONSIBILITY - I am ultimately responsible for my safety during all diving activities. Failure to comply with these responsibilities will increase my risk of serious injury or death. Accidents can happen even when all safety guidelines are followed, therefore I should obtain personal dive accident insurance.

I understand the importance of being a responsible diver and I pledge to abide by the SSI Responsible Diver Code. I understand failure to abide by the SSI Responsible Diver Code will jeopardize my safety and well-being.


TRAVEL AND TOUR CONTRACTUAL ASSUMPTION OF RISK, LIABILITY RELEASE & WAIVER

 

THIS IS A RELEASE OF PARTICIPANT’S RIGHTS TO SUE

 

I, the undersigned Participant, desire to participate in travel to a foreign country or domestically within the United States, for scuba diving instruction, scuba diving, snorkeling, and any other activities related thereto (the “Activity”) arranged or provided by Diventures Travel, LLC, and its affiliates, DiVentures Holdings, LLC; DiVentures, LLC; DiVentures Iowa, LLC; DiVentures Springfield, LLC; DiVentures Madison, LLC; DiVentures Columbia, LLC; DiVentures Atlanta, LLC; DiVentures Lexington, LLC; DiVentures Kansas City, LLC; DiVentures Lincoln, LLC; DiVentures Battle Creek, LLC; DiVentures Arizona, LLC; DiVentures Marietta, LLC; DiVentures Memphis, LLC; DiVentures Little Rock, LLC; DiVentures Virginia, LLC; DiVentures Colorado Springs, LLC; DiVentures Des Moines, LLC; DiVentures Online, LLC; and DiVentures Business Services; LLC (collectively, “DiVentures Affiliates”) and their respective facilities, staff, officers, instructors, employees, agents and assigns, (collectively, the “Releasees”). In consideration for being permitted by Company to participate in the Activity and in recognition of Releasee’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

 

I AM FULLY AWARE OF AND UNDERSTAND THAT THE ACTIVITIES ARE HAZARDOUS IN NATURE AND INVOLVE INHERENT RISKS AND DANGERS, FORESEEN AND UNFORESEEN, THAT CANNOT BE ELIMINATED EVEN WHEN ALL NECESSARY PRECAUTIONS HAVE BEEN TAKEN BY RELEASEES, INCLUDING BUT NOT LIMITED TO THOSE ASSOCIATED WITH, SCUBA DIVING, SCUBA INSTRUCTION, SNORKELING, INTERNATIONAL TRAVEL, NATURAL ELEMENTS, WEATHER CONDITIONS, MARINE LIFE, SCUBA EQUIPMENT FAILURE OR MALFUNCTION, HOLDING MY BREATH WHILE DIVING, RAPID ASCENT, IMPROPERLY SERVICED DIVE EQUIPMENT, THE REMOTE LOCATION OF THE ACTIVITY, DISTANCE TO EMERGENCY SERVICES INCLUDING HYPERBARIC CHAMBERS, ALL OF WHICH MAY RESULT IN SERIOUS BODILY INJURY, DECOMPRESSION SICKNESS, EMBOLISM, OTHER HYPERBARIC/AIR EXPANSION INJURY, DISABILITY, PROPERTY DAMAGE TO ME OR OTHERS, AND/OR DEATH. I ACKNOWLEDGE THAT ANY INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM MY PARTICIPATION IN THE ACTIVITIES MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF RELEASEES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RELEASEES. NOTWITHSTANDING ANY OF THE FORGOING RISKS AND DANGERS, I ACKNOWLEDGE THAT I AM VOLUNTARILY AND FREELY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY DEATH AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF RELEASEES OR OTHERWISE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY EXPRESSLY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE THE RELEASEES FROM ANY AND ALL DAMAGES, LOSSES, PENALTIES, LIABILITIES, COSTS ATTORNEY’S FEES, AND EXPENSES OF ANY NATURE, AND ANY DEMANDS, CLAIMS, SUITS, AND CAUSES OF ACTION THEREFORE, NOW KNOWN OR HEREIN AFTER KNOWN, TO MYSELF, MY MINOR CHILD(REN), MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN ARISING OUT OF, RESULTING FROM, OR ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO MY PARTICIPATION AND/OR INSTRUCTION IN SAID TRIP, ACTIVITIES, OR ANY OTHER RELATED ACTIVITIES THAT MAY OCCUR.

 

I certify that I am a certified diver or a student diver under the instruction of a certified scuba diving trainer and have been taught and understand that the Activities are dangerous and scuba diving is a hazardous sport. I also fully understand that the Activities, including but not limited to scuba diving have inherent risks and dangers including, but not limited to, risks associated with equipment failure which could lead to my serious injury or death or otherwise result in property damage to my or others equipment. 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 Releasees responsible or liable 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 alcohol, drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving. I understand that I am assuming all risks associated with any adverse reaction occurring as a result of my combining any such alcohol, drugs and/or medication with the Activities.

 

I fully understand that prevailing weather conditions may cause certain modifications to the dive program. I also fully understand that the transportation or equipment made available by the resort or boat operators who are providing services to me is not the responsibility of the Releasees. I also fully understand and agree that DiVentures Travel, LLC or the applicable DiVentures Affiliate acts only on behalf of itself and itself alone in arranging this travel/trip tour. I understand DiVentures Travel, LLC and the DiVentures Affiliates are 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.

 

In exchange for permitting me to participate in a Diventures escorted trip, which includes but is not limited to the Activities, snorkeling and other scuba diving activities, I hereby acknowledge and agree to the following:

 

I certify that I am a snorkeler, certified diver, or a student diver under the instruction of a certified scuba diving trainer and that I have been trained and understand that the Activities, including but not limited to, snorkeling and scuba diving are hazardous activities. I also understand that snorkeling and scuba diving have inherent dangers and risks, including but not limited to the risks identified below, which could lead to serious personal injury, death, property damage or loss.

 

I am fully aware, acknowledge, and understand that the trip Activities may be conducted at a site that is remote, by time or distance or both, from any necessary emergency medical facility or treatment center and assume all risks associated herewith.

 

I am fully aware, acknowledge, and understand the dangers of holding my breath while scuba diving and the dangers and risks associated with rapid ascent, including but not limited to decompression sickness, embolism, or other hyperbaric/air expansion injury and I assume all risks associated herewith.

 

I am fully aware, acknowledge, and understand the possibility that my equipment may fail or malfunction, including but not limited to a free flowing regulator, a stuck inflator button, or unwanted inflation in my buoyancy compensatory device and I assume all risks associated herewith.

 

I certify that I am physically fit to engage in the trip and the Activities, including the associated snorkeling and scuba diving , and that I will not participate in any Activities during the trip unless I am medically able to do so. The Releasees should be advised of the following relevant information about my medical condition listed below.  I expressly agree that I will not hold any of the Releasees responsible should I become injured, disabled, die or damage/destroy my property or the property of others as a result of a medical condition while I am participating in the trip and I assume all risks of my participation in the Activities in light of my medical condition and/or history, if any.

 

I certify that all of my equipment, including but not limited to my regulator, BCD, and dive computer has been or will be properly serviced within the prior twelve (12) months preceding the date that I depart for the trip by a manufacturer certified technician at a reputable and authorized service center and I assume all risks associated with the use of my equipment, including but not limited to my equipment that is not properly and timely serviced.


I certify that at no time during the trip will I have in my possession any illegal drugs, nor am I taking, nor have I recently taken any alcohol, drugs or medication which would cause an adverse reaction as a result of combining such substances with the trips snorkeling and scuba diving activities and I assume all risks associated with alcohol, drug, and/or medication possession or use during the Activities.

 

I understand that during the trip I may be exposed to a variety of hazards and risks, foreseen and unforeseen, which are inherent in the trip Activities and may not be removed or reduced even with all necessary precautions taken by Releasees, including but not limited to personal injury, death, property damage, or loss resulting therefrom. I understand that each injury, damage, disability, death, or loss can occur by natural causes, by my activities, or by the activities of others, either as a result of negligence or other reasons.

 

I am fully aware, acknowledge, and understand 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, acknowledge, and understand the possibility that my equipment may malfunction during a dive which could include a free flowing regulator, stuck inflator button or unwanted inflation of 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 Releasees responsible for any of the foregoing.

 

IN NO EVENT SHALL RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS RELEASE.

 

I agree to indemnify, defend, and hold Releasee’s, and their respective facilities, staff, officers, instructors, employees, agents and assigns harmless, from and against any and all suits, claims, actions, proceedings, costs, losses, expenses (including fines and penalties, settlement awards and attorneys’ fees), liabilities and damages (including, without limitation, damages relating to injury or death of any person or damage or destruction of any property, real or personal), whether as a result of a direct or third party claim, arising out of, connected with or resulting in whole or in part from (a) my Participation in the Activities; and (b) any breach by me, of this Release.

 

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold Releasees harmless from any claim based on such treatment or other medical services.

 

I agree that if any portion of this Release is held invalid, the remaining provisions shall be binding and continue in full force and effect. I have had an opportunity to review this Release thoroughly and had an opportunity to consult counsel if I so desire. I am are under no compulsion to sign this Release and am choosing to do so freely and without any duress or undue influence. I further acknowledge and agree I must be alert, cautious and keep a proper lookout at all times while participating in the Activities. I hereby acknowledge and agree to execute any addendum or rider attached hereto and incorporated herein.

 

I agree that this Release shall be governed by the laws of the State in which the Releasee booking the Activities is located, and that State shall be the exclusive jurisdiction and venue of any legal action. In the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not otherwise affect the remaining provisions which shall continue to be enforceable.

 

IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT AND MY SIGNATURE HEREON TO GIVE UP ALL OF POTENTIAL LEGAL RIGHTS, INCLUDING 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 FOREVER EXEMPT AND RELEASE THE RELEASEES AND TO EXPRESSLY AGREE TO INDEMNIFY AND HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY INCLUDING BUT NOT LIMITED TO PERSONAL INJURIES, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTIVE OR PASSIVE NEGLIGENCE RELATED IN ANY FASHION TO MY PARTICIPATION IN THIS TRIP OR THE ACTIVITIES. I SPECIFICALLY AND EXPRESSLY ASSUME ALL RISKS IN CONNECTION WITH THIS TRIP.


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.

 

This Release is effective as of the date signed by me, the Participant.


Today's date: May 9, 2025



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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
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Parent or Guardian's Email Address

Email*

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Location
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Travel Destination

Name of Travel Destination *

First Date of the Trip
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Personal Diving History

Agency & Highest Certification Achieved *

Total Number of Dives *

Date of Last Dive *
Photo Release

I hereby authorize Diventures to publish photographs taken of me and/or the undersigned minor children, and/or names, for use in Diventures' marketing material, social media and website. I release Diventures from any expectation of confidentiality for the undersigned minor children and myself. I attest that I am the parent or legal guardian of the children listed below and that I have the authority to authorize Diventures to use their photographs and names.

I acknowledge that this photo participation is voluntary, and neither the minor children nor I will receive financial compensation. I further agree that our participation in any marketing piece produced by Diventures confers no rights of ownership whatsoever. I release Diventures, its contractors and its employees from liability for any claims by me or any third party in connection with my participation or the participation of the undersigned minor children.

YOUTH ADDENDUM – INCORPORATED AS AN ADDENDUM TO THE ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT

(Form not to be used within the European Union and various other countries depending on local laws/regulations - The Training Center and its SSI Professionals are responsible for knowing and adhering to laws/local regulations).

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM AND THE ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT.

THIS YOUTH ADDENDUM TO THE ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT IS VALID FOR ONE YEAR FROM THE DATE OF SIGNATURE.

Additionally, as the parent/guardian of the above named participant, I have read this document in its entirety prior to affixing my signature hereto. I have represented to Releasees that I have authority to sign this document on behalf of my minor child (the participant), myself and the other parent/guardian of said child. I agree, on behalf of myself, the other parent/guardian, and my minor child to be bound to all the terms and conditions of this Agreement. I understand all terms of this document, understand that I have given up and will continue to give up substantial rights by signing it, am aware of the document’s legal consequences, and have signed this document freely, voluntarily, and without any inducement, assurance or guarantee being made to me. I intend my signature to be a complete and unconditional release of all liability on behalf of myself, the other parent, and the participant to the greatest extent allowed by law and further agree to indemnify and hold harmless the above named Releasees from any and all liability and causes of action arising from the activities and actions described herein. I understand the risks of injury while swimming, scuba diving and/or snorkeling, and have had the opportunity to personally witness and fully discuss the activities or instructional program with a staff member prior to commencement of my minor child’s swimming, scuba diving and/or snorkeling activities.



By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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