Local Charter Agreement
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.
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.
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 Holdings, LLC, its subsidiaries, 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; and DiVentures Virginia, LLC (collectively, “DiVentures Subsidiaries”) 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 Holdings, LLC or the applicable DiVentures Subsidiary acts only on behalf of itself and itself alone in arranging this travel/trip tour. I understand DiVentures Holdings, LLC and the DiVentures Subsidiaries 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: December 10, 2022