Local Charter Agreement
Trip Terms and Conditions
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: Upon cancellation of a 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. You 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 a participant’s reservation or cancellation of a participant’s reservation for any reason, including causes beyond the reasonable control of Diventures such as terrorism, war, 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 or other unforeseeable circumstances 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 of other unforeseeable circumstances will be the participant’s sole responsibility.
Trip Release: Each participant must complete and sign the Diventures Trip Release and Assumption of Risk and any other forms reasonably required by Diventures or by any Diventures affiliate.
I HEREBY STATE THAT I HAVE CAREFULLY REVIEWED THE FOREGOING AND I ACKNOWLEDGE, RECOGNIZE, APPRECIATE AND ASSUME THE ABOVE RISKS INHERENT IN SCUBA DIVING AND/OR TRAVEL TO A FOREIGN COUNTRY OR WITHIN THE UNITED STATES AND WAIVE EACH AND EVERY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, INCLUDING CLAIMS FOR NEGLIGENCE, WHICH I MIGHT HAVE AGAINST DIVENTURES, LLC AND ITS EMPLOYEES, INSTRUCTORS, AGENTS AND REPRESENTATIVES, ARISING OUT OF TRAVEL ARRANGEMENTS, SCUBA INSTRUCTION OR SCUBA DIVING ACTIVITIES. THIS AGREEMENT SHALL BE BINDING UPON MEAND MY HEIRS AND LEGAL REPRESENTATIVES. THE CONDITIONS FOR MYSELF AND ALL MY MINOR CHILDREN LISTED BELOW HAVE BEEN READ, UNDERSTOOD AND AGREED UPON.
TRAVEL AND TOUR CONTRACTUAL LIABILITY RELEASE & WAIVER
THIS IS A RELEASE OF YOUR RIGHTS TO SUE
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE DIVENTURES HOLDINGS, LLC AND DIVENTURES SUBSIDIARIES (AS DEFINED BELOW), AND THEIR RESPECTIVE 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. I hereby release, waive, discharge and agree not to sue 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; and DiVentures Arizona, LLC (collectively, “DiVentures Subsidiaries”) and their respective facilities, staff, officers, instructors, agents or employees (collectively, the “Releasees”) from all liability to myself, my minor child(ren), my personal representatives, signs, heirs and next of kin for any and all loss or damage and any claim or demands therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation and/or instruction in said TRIP, activities or any other related activities that may occur.
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 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 drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving.
In consideration for allowing my participation in this trip, 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 snorkeling and scuba diving activities, I hereby acknowledge and agree to the following:
I certify that I am a snorkeler, certified diver, or a student diver and that I have been trained and understand that snorkeling and scuba diving can be 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 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.
I am fully aware of 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.
I am fully aware of 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 by buoyancy compensatory device.
I certify that I am physically fit to engage in the trip, including the associated snorkeling and scuba diving activities, 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 as a result of a medical condition while I am participating in the trip.
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 calendar year preceding the date that I depart for the trip by a manufacturer certified technician at a reputable and authorized service center.
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.
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, including but not limited to personal injury, death, property damage, or loss resulting therefrom. I understand that each injury, damage, 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.
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 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 such act.
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 RELEASEES 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.
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.
Today's date: August 19, 2022