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LIABILITY RELEASE AND WAIVER FOR BOAT PASSENGERS


1. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE RAINBOW REEF DIVE CENTER (HEREAFTER CALLED "THE DIVE CENTER") AND THE DIVE VESSELS TROPICAL LEGEND, TROPICAL ODYSSEY, TROPICAL ADVENTURE, TROPICAL VOYAGER, TROPICAL EXPLORER, TROPICAL SERENITY, TROPICAL DESTINY, AND SANTANA (HEREAFTER CALLED "VESSEL"), ITS EMPLOYEES, AGENTS AND DIVE BOATS, WHETHER OWNED, OPERATED, LEASED OR CHARTERED, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION ON THEIR PART INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE. 


2. I am, by my signature, affirming that I understand that snorkeling is a hazardous activity with inherent risks and dangers associated therewith, including, but not limited to, risks associated with equipment failures, perils of the sea, and acts of fellow snorkelers which could result in my serious injury or death. BY WAY OF MY SIGNATURE, I EXPRESSLY ASSUME THESE RISKS. I assert that I am physically fit to participate in the sport of snorkeling, and I agree, by way of my signature, that I will not hold any of the above-named entities, individuals or persons responsible if I am injured while snorkeling, be it for medical reasons or other. I do not have in my possession any illegal drugs, nor am I taking or have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medications with snorkeling. I also attest that I will not be under the influence of alcohol while snorkeling, and that I will not possess alcohol while onboard the named vessel(s).

3. I will be present and attentive to the safety briefings given by the dive master, mate and/or vessel captain. I understand that I have an affirmative duty to be responsible for my own safety and to follow safe boating practices. I understand that this boating trip may be conducted at a site or sites remote from a medical facility... nevertheless, I expressly wish to proceed with this trip. 

4. BY WAY OF MY SIGNATURE ON THIS DOCUMENT, IT IS MY EXPRESS INTENTION BY EXECUTION OF THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL INDIVIDUALS, PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT 1S ALSO MY INTENTION TO EXEMPT AND RELIEVE THE RAINBOW REEF DIVE CENTER, ITS EMPLOYEES, AGENTS AND DIVE VESSELS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED) FROM ALL LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION INCLUDING. BUT NOT LIMITED TO. ACTIVE OR PASSIVE NEGLIGENCE. BY WAY OF MY SIGNATURE ON THIS DOCUMENT, I FULLY AGREE TO INDEMNIFY AND HOLD THE PERSONS, INDIVIDUALS AND ENTITIES NAMED WITHIN THIS DOCUMENT HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY OF ANY SORT, PROPERTY DAMAGE OR WRONGFUL DEATH BY MYSELF, HEIRS AND ASSIGNEDS, AND I ASSUME EXPRESSLY ALL RISKS IN CONNECTION WITH THE ACTIVITIES OF SCUBA DIVING. 

5. BY WAY OF VOLUNTARILY CHECKING THIS BOX AND SIGNING MY INITIALS IN THIS SECTION (PARAGRAPH 6), I AGREE AND AFFIRM TO SIGN THIS RELEASE EVERY 7 DAYS I AM PARTICIPATING IN ACTIVITIES, AND IT IS MY EXPRESS INTENTION BY WAY OF MY SIGNATURE THAT I AGREE AND UNDERSTAND THAT THIS ENTIRE DOCUMENT AND EACH PARAGRAPH IS IN FORCE FROM THE DATE I SIGN IT FORWARD 365 DAYS OR 1 YEAR.

I Agree
 


 

6. BY WAY OF MY SIGNATURE, GIVEN VOLUNTARILY, I EVIDENCE THAT I HAVE READ FULLY AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY. IF I HAVE ANY QUESTIONS WITH RESPECT TO THE CONTENTS OF THIS DOCUMENT, I CERTIFY THAT 1 HAVE FULLY INFORMED MYSELF BEFORE SIGNING MY NAME BELOW. I FULLY AGREE TO THE TERMS AND CONDITIONS HEREIN AND REALIZE THEY ARE GIVEN IN EXCHANGE FOR THE DIVE CENTER, ITS EMPLOYEES, AGENTS AND DIVE VESSELS ALLOWING ME TO PARTICIPATE IN THIS ACTIVITY. I UNDERSTAND THIS IS A LEGALLY BINDING CONTRACT. 


First Passenger's Name
First Name*
Last Name*
Phone*
First Passenger's Age Acknowledgment*
First Passenger's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Passenger's Signature*
Second Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Third Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Fourth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Fifth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Sixth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Seventh Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Eighth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Ninth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Tenth Passenger's Name
First Name*
Last Name*
Passenger's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Local Contact Information
Address
Phone 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 as follows: 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 DIVE CENTER AND VESSELS 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 DIVE CENTER AND VESSELS 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 DIVE CENTER AND VESSELS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.


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*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. 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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