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TRAVEL AGREEMENT & WAIVER

ASCUBADIVING TRAVEL AGREEMENT & WAIVER

PLEASE READ BEFORE SIGNING!!

Each applicant (“PARTICIPANT") must completely read, fill out, sign and return this TRIP APPLICATION FORM “APPLICATION”) and the attached “ASCUBADIVING PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK (combined herein as “RELEASE”) which RELEASE forms a part of the APPLICATION. Each PARTICIPANT must also submit the appropriate non-refundable deposit, along with the signed APPLICATION and RELEASE to apply for reserved space on the foregoing Destination/Activity. Since ASCUBADIVING (a Texas trade name) and its cooperative destination incur unrecoverable charges preparing for these groups, monies cannot be returned if any cancellation occurs less than 60 days before departure which PARTICIPANT agrees is a fair liquidated damage for such cancellation. Changes to the APPLICATION and/or RELEASE are not allowed and are ineffective to alter the language contained in either document. 


THE ASCUBADIVING PARTICIPANT AGREEMENT, RELEASE OF LIABILTY, AND ASSUMPTION OF RISK, and TERMS OF USE of SERVICES and EQUIPMENT. (“RELEASE").  

READ CAREFULLY BEFORE SIGNING!!


Remoteness of areas, local custom, or prevailing weather conditions may cause substitution of facilities and/or equipment, minor or major inconveniences or modification to the diving, transportation, program itinerary, and all other activities (“Activities”) includes all portions and related Activities the program itinerary. ASCUBADIVING, LLC. reserves the right to modify and/or cancel diving arrangements due to unfavorable weather conditions and to substitute comparable equipment. No refunds can be made for canceled diving 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 tour members. All participants agree to comply with the terms and/or regulations which ASCUBADIVING, LLC. may prescribe during the course of the program. ASCUBADIVING, LLC. reserved the right to deny an applicant for any reason. Potential participants are free to not participate if they do not wish to assume all of the risks described herein.


Important. I have read and agree to the ASCUBADIVING PARTICIPANT AGREEMENT, RELEASE OF LIABILTY, AND ASSUMPTION OF RISK, and TERMS OF USE of SERVICES and EQUIPMENT.


In consideration and exchange for allowing Participant to engage in all activities (“activities”) associated with or provided by ASCUBADIVING, LLC, participant agrees to ASSUME ALL RISKS, whether or not described herein, known or unknown, inherent or otherwise, associated with the Participant’s participation in any ACTIVITY. Additionally, Participant agrees NOT TO SUE ASCUBADIVING, LLC, and/or their agents, owners, officers, volunteers, employees, insurers, affiliated organizations, representatives, assignees, directors, shareholders, related companies, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ASCUBADIVING, each hereinafter a "RELEASED PARTY"). Further, Participant agrees to HOLD HARMLESS AND INDENIFY and RELEASE ASCUBADIVING's and/or all RELEASED PARTY from ANY AND ALL liability and/or claims for injury or death to persons or damage to property arising from Participant’s engagement in any ACTIVITY, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE or BREACH of any express or implied WARRANTY.


Participant acknowledges that his or her participation in scuba diving, snorkeling, and water-related ACTIVITIES with its associated travel and related activities, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. Participant agrees that that he or she understands all risks of ACTIVITIES and agrees to voluntarily assume all risks, including serious injuries including death from drowning and I elect to participate in spite of the risks. (“RISKS”). Should any RELEASED PARTY or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold ASCUBADIVING and all RELEASED PARTIES harmless for all incurred attorney fees and costs. Participant certifies that he or she has adequate insurance to cover any and all injuries and property damage that could or is caused or suffered while participating and participant agrees to bear the costs of such injury or damage by themselves. Participant further certifies that participant is willing to assume the risk of any medical or physical conditions participant may have.

Participant certifies the statements made on the foregoing application regarding experience are correct and Participant understands that acceptance on this trip is predicated on Participant’s presentation that he or she is physically fit to engage in ocean SCUBA diving and has had sufficient training to engage in ocean SCUBA diving and understands the risks involved and willingly assumes all risks whether foreseen or unforeseen.

It is understood that ASCUBADIVING, LLC is a Texas LLC and is independent of and has no business association, as partner, joint venturer, owner or otherwise, with any resort, hotel carrier, boat operator, or other person or firm furnishing any service or facility in connection with the subject travel program.

It is expressly understood and agreed that ASCUBADIVING, LLC assumes no responsibility or liability for service, transportation, or equipment made available by any resort, hotel or other person, either as to its availability or as to its safety, quality or condition, nor for the acts of any employee or agent of such establishment. Participant also understands and agrees that ASCUBADIVING, LLC does not by acceptance of this Applicant and Participant, assume any responsibility or liability for the safety of any participating individual, particularly while such individual is engaged in underwater activities whether alone or in groups, under the supervision of a tour escort, or otherwise. The tour escort is not acting in the capacity of instructor unless specifically indicated.

Each of the undersigned further agree that in consideration of the price at which the said program is offered and conducted and other good and valuable consideration and in order to induce ASCUBADIVING, LLC to accept the Participant under the age of majority, release ASCUBADIVING, LLC, INC., and all RELEASED PARTIES, its owners, operators, instructors, employees or other agents, from damages resulting from death or personal injuries, including loss of services which the undersigned may sustain on account of, or in connection with said program including ownership, maintenance, use or operation of any automobile ship, airplane, boat, hotel or common carrier.

It is also understood that ASCUBADIVING, LLC has not purchased insurance that would cover individuals in case of accident, injury, death or property damage.

Participant also understands and agrees that an emergency medical situation may arise and hereby provide written authorization to ASCUBADIVING, LLC. and its employees or representatives, to provide emergency medical care, or necessary evacuation, and agree to hold such parties harmless and indemnify them for any such action taken on behalf of the undersigned and the costs incurred thereof. The undersigned agrees that this Release of Liability also binds the spouse, family, heirs and legal representatives of the undersigned.


RELEASED PARTIES reserve the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, Participant will be subject to and bound by the terms of the modified Agreement, without further notice. RELEASED PARTIES reserve the right to terminate your participation in any activity at their sole discretion. Participant is solely responsible for obtaining and maintaining all his or her equipment including hardware and software needed to participate in any ACTIVITY.


This Agreement shall be governed by the laws of the State of Texas. In the event that litigation results from or arises out of this Agreement or the performance thereof, participant agrees to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.


This agreement is personal to participant, and participant agrees not assign this Agreement or the rights and obligations thereunder to any third party or person. The provisions of the Agreement shall be binding upon and shall inure to the benefit of ASCUBADIVING's, Participant, and the Released Parties hereto (“Parties”) their permitted heirs, administrators, successors, and assigns. No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement. The terms and obligations in the Agreement shall survive the termination of this Agreement.


By signing below, the undersigned Participant agrees that he or she has carefully read the foregoing RELEASE and agrees to be bound by all the terms and conditions contained therein.



First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Date of Travel
Travel Date *
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Insurance
Insurance Carrier*
Insurance Policy Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
Passport Number:
Expiration
Dive Insurance:
Policy #
Will you be a:
Diver
Non Diver
Smoker
Non Smoker
Roommate’s Name:

Dietary requirements and Allergies:

Other Special Provisions:
Certification Organization*
Level of Diver certification*
How many dives have you done?
Date of Last Dive
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking this box, the undersigned signify that they have carefully read the foregoing RELEASE OF LIABILITY and all information and conditions contained on the reverse side hereof and agree to all those terms and conditions.


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