Please be advised that you are completing a GROUP Trip Waiver or Participation Application and Agreement for Services from Scuba X Travel, Inc. and / or SXT Adventures GENERAL RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT I certify that all of the statements made herein regarding my history and experience are true and correct. I acknowledge that my acceptance as a participant on this trip is predicated on my personal assurance that I am mentally, emotionally, and physically fit and able to engage in the activities associated with this trip itinerary. This is most often, but not limited to, some form of adventure activity or water-related sports activity. This can include, but is in no way limited to, any land-based or liveaboard snorkeling, swimming, wading, beachgoing, dive training and practice both in confined and non-confined water settings, in-water training, or activities such as scuba diving in the ocean, a lake or quarry (collectively herein referred to as "scuba diving") and that I have had the necessary and sufficient training to engage in all scuba diving activities that I choose to participate in, or that this itinerary requires. I fully understand that scuba diving can be both dangerous and hazardous. I fully understand the inherent risks associated with scuba diving and other water-related sports or activities due to known and unknown causes. I voluntarily assume ALL risk of loss, damage, injury, and even death that I may sustain while engaged in said activities associated with Scuba X Travel, Inc., SXT Adventures, and/or Aquatic Outfitters, Inc. dba Scuba Schools of America. Scuba X Travel and SXT Adventures herein may be referred to as "SXT". Aquatic Outfitters, LLC dba Scuba Schools of America will herein be referred to as "SSA". and any related scuba diving, water sports activity, and/or travel program and those associated activities, whether water-related or not, organized by or affiliated with either of the above-mentioned parties.
I, as the applicant, along with my personal representatives, assigns, heirs, and next of kin, do hereby forever release, waive, and discharge Scuba X Travel, Inc., SXT Adventures, SSA, Nicolena D.V. Berry, Russell Berry, as well as any agents or employees, representatives, contractors or associates of the aforementioned hereinafter collectively referred to as "releasees," from any and all liability. I, along with my personal representatives, assigns, heirs, and next of kin, release the said releasees from ALL LOSS OR DAMAGE and any claims or demands, therefore, on account of injury to my person or property or resulting in my death, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while engaged in a Scuba X Travel, Inc., SXT Adventures or SSA scuba diving or travel program, regardless of whether the nature of the extent of such a loss, injury or damage cannot be ascertained until some future date or time. I, along with my personal representatives, assigns, heirs, and next of kin, swear not to bring any action against releasees arising from any such damage or loss.
I warrant that any and all statements made on completed forms, guest profiles, and waivers, such as this Participation Application and Liability Release Waiver, are herein true and correct. I further understand that the releasees will rely on such statements and that they will act as an inducement to Scuba X Travel, Inc., SXT Adventures, and/or SSA to accept my application for participation in any of the scuba diving, water-based and non-water-based activities and/or travel programs and all activities and situations arising from such participation. As the traveler, I am responsible for ensuring these statements and required documents are up-to-date, accurate, and remain valid for participation in all activities related to the itinerary as discussed in person, as listed on the trip flyer, in the quote I accepted and/or the invoiced I submitted deposits for and paid, or as referenced on this SXT Participation Application and Liability Release.
I understand that the releasees reserve the right to refuse or deny participation to any applicant for any reason. I also understand that the releasees reserve the right to terminate any or all portions of any travel itinerary or program at any time should I fail to act appropriately concerning my own personal safety and/or the safety of other individuals participating in any or all activities associated with the releasees' scuba diving and/or travel programs, regardless of whether such activity is hosted or maintained by the releasees. This determination of appropriateness in my actions and behavior shall be at the professional discretion of the releasees or their representatives. If at any time I choose to threaten, harass, physically assault, or endanger the safety or well-being of other participants, I understand that part, or all, of my travel itinerary and ability to continue to participate, may be terminated, with no financial recourse and no right to make any claim for monetary compensation, or otherwise. Further, should my inappropriate behavior disrupt the group travel itinerary, I understand that I may become liable for additional expenses, including my early departure from the destination.
It is fully understood that Scuba X Travel, Inc., SXT Adventures, and SSA are independent of and have no business association as a partner, joint venture, owner, or otherwise with any resort, hotel, transportation carrier, boat, tour, or activity operator, or other person or firm, furnishing any service or facility in connection with the subject travel and activity program. Scuba X Travel , SXT Adventures, and SSA design and execute itineraries that include the utilization of these services and thereby act as wholesalers or resellers to their respective retail travel guests.
It is further understood that the remoteness of the area, local customs, and prevailing weather conditions may cause substitutions of facilities and/or equipment, inconvenience, or modification to any or all portions of the travel itinerary. Scuba X Travel, SXT Adventures, and/or SSA reserves the right to modify and/or cancel any arrangements due to unfavorable weather conditions or any other conditions that warrant such modifications or cancellation. The use of equipment or services, including resorts, captains, and shipboard personnel, may change at any time. It is, therefore, understood and agreed upon that all releasees make no warranty and assume no responsibility or liability for such substitutions, modifications, or cancellations. Every best effort, at the professional discretion of the releases, will be made to remedy disruptions and/or losses due to such changes to the itinerary that are out of the hands of the traveler(s) to which this document applies. All losses, both realized and unrealized, for any client-initiated modification or disruption to, or cancellation of, any or all portions of the itinerary to which this release applies will be the sole responsibility of the client through filing a claim with the insurance company they have chosen to insure their trip. No obligation of effort from any of the releasees is warranted or necessary for any losses caused by changes initiated by the client.
The Releasees reserve the right to cancel any scheduled trip at any time. No refunds can be made for canceled diving arrangements due to adverse weather conditions, for the substitution of facilities, personnel, and/or equipment, or for resultant inconvenience. As a professional entity, Scuba X Travel, SXT Adventures, and/or SSA will, in its best efforts, make comparable and suitable substitutions to maximize the return on any travel investment by members of the travel itinerary.
I, as Applicant, do hereby indemnify and agree to hold Scuba X Travel, Inc., SXT Adventures, and SSA, and all releasees, agents or representatives from any and all claims, suits, liability, injuries, losses, and damage to any person which arise out of my participation in a releasee scuba diving and/or travel program, or from my withdrawal, cancellation or expulsion from a Scuba X Travel, Inc., SXT Adventures, or SSA scuba diving or travel program.
I understand that any or all of the aforementioned releasees will not be responsible for any financial disappointment or loss caused by reasons outside the control of Scuba X Travel, Inc., SXT Adventures, SSA or any and all of the releasees. This may include, but is in no way limited to, my own personal health or medical condition(s) or the health or medical condition(s) of a family member or other person known to me, resulting in my inability to participate in the subject activity or travel program. Deposits and payments for trip participation are non-refundable. No refunds will be made to participants who decide to cancel or modify any or all portion(s) of any travel itinerary.
I acknowledge that Scuba X Travel, SXT Adventures, and SSA strongly recommend travel and, when applicable, scuba diving or related medical insurance. Unless specifically stated as REQUIRED in official documentation, I may choose to decline purchasing travel insurance. I do so at my own risk and understand that I will be required to complete a Travel Insurance Decline Waiver. Further, I understand that should I choose to purchase a travel, dive, or other activity insurance policy, Scuba X Travel, SXT Adventures, SSA, and any and all of the releasees bear no responsibility for my failure to obtain the proper type of insurance - or level of coverage - necessary for my own individual needs, nor are they responsible for my failure to obtain high enough coverage limitation amounts or policy inclusion items that may result in my loss of recovery of monies or other goods or items of value, in the event a claim is filed and, but not necessarily, rejected. It is my sole responsibility to read and understand all portions of the policy, including disclaimers, policy limits, exclusions, and conditions that may render any or all of my claims invalid or any or all items not able to be covered. This can include but is not limited to, Cancel for Any Reason, Cancellation, Interruption, and any time-of-deposit vs. claim submission or policy purchase timelines.
I understand that this application form and general release, assumption of risk, waiver of liability, and indemnity agreement signed by me, the applicant, and by the parent or guardian of any minor applicant is, in all respects, subject to the terms and conditions above, which have been read in their entirety and are unconditionally agreed upon. I, or the minor applicant and the parent or guardian, further agree to observe strictly and comply with such reasonable terms and regulations as the releasees may, from time to time, deem desirable or necessary to prescribe during the course of any scuba diving or travel program.
I, the applicant, or the parent or guardian of the minor applicant, declare that I/we have read and understand the contents hereof and that I/we hereby voluntarily sign this document. No oral or other representations, statements, or inducements have been made apart from this application and general release, risk assumption, liability waiver, and indemnity agreement.
I, the applicant, or the parent or guardian of the minor applicant, in executing this document shall be deemed to have executed it for myself, as the applicant, or parent or guardian of the minor applicant, all of my / their personal representatives, executors, successors, administrators, assigns, heirs and next of kin. I further acknowledge receipt of a copy of this document.
Date: January 15, 2025
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