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LIABILITY RELEASE AND WAIVER FOR SCUBA DIVING 


1. I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE EAGLE RAY DIVERS, LLC, D/B/A 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 AFFIRMING THAT I AM A CERTIFIED SCUBA DIVER OR A STUDENT DIVER UNDER INSTRUCTION BY A CERTIFIED SCUBA INSTRUCTOR. I HAVE BEEN TAUGHT AND UNDERSTAND THAT SCUBA DIVING 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 DIVERS WHICH COULD RESULT IN MY SERIOUS INJURY OR DEATH. I EXPRESSLY ASSUME THESE RISKS. I ASSERT THAT I AM PHYSICALLY FIT TO PARTICIPATE IN THE SPORT OF SCUBA DIVING, 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 SCUBA DIVING, 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 SCUBA DIVING. I ALSO ATTEST THAT I WILL NOT BE UNDER THE INFLUENCE OF ALCOHOL WHILE SCUBA DIVING, THAT I WILL NOT POSSESS ALCOHOL WHILE ONBOARD THE NAMED VESSEL(S), AND THAT I HAVE BEEN WARNED OF THE DANGERS OF CONSUMING ALCOHOL PRIOR TO, DURING OR AFTER SCUBA DIVING.


3. PRIOR TO LEAVING THE DOCK I WILL INSPECT ALL OF MY EQUIPMENT TO BE USED...TO INCLUDE ANY RENTAL EQUIPMENT...AND I WILL NOTIFY THE DIVE CENTER OF ANY EQUIPMENT WHICH I FIND TO NOT BE FUNCTIONING PROPERLY. I WILL NOT HOLD THE DIVE CENTER OR ANY OF ITS EMPLOYEES, AGENTS OR DIVE VESSELS RESPONSIBLE FOR MY FAILURE TO INSPECT MY EQUIPMENT PRIOR TO DIVING. I AM AWARE THAT THE DIVE CENTER IS A PADI DIVE CENTER, AND THAT I MAY NOT DIVE WITHOUT HAVING AN ALTERNATE AIR SOURCE AND SNORKEL IN MY POSSESSION WHILE DIVING. 


4. 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 PLAN AND CARRY OUT MY OWN DIVE AND TO BE RESPONSIBLE FOR MY OWN SAFETY. BY WAY OF MY SIGNATURE, I EXPRESSLY AGREE THAT I WILL PLAN ALL MY DIVES AS NO DECOMPRESSION DIVES, WITH A THREE MINUTE SAFETY STOP AT 15 FEET PRIOR TO SURFACING. I FULLY AGREE THAT I WILL START MY ASCENT AT THE END OF EACH DIVE WITH ENOUGH AIR TO GUARANTEE BEING ON THE VESSEL WITH AT LEAST 500 PSI OF AIR, AND AGREE TO A TANK VISUAL INSPECTION (VIP) CHARGE OF $10.00 SHOULD I RETURN TO THE DIVE BOAT WITH LESS AIR THAN 500 PSI. I FURTHER AGREE NOT TO PLAN MY DIVE TO EXCEED THE LEVEL FOR WHICH I AM TRAINED (OPEN WATER - 60', ADVANCED OPEN WATER - 130'). I WILL IMMEDIATELY CEASE AND ABORT MY DIVE IF I FEEL UNCOMFORTABLE WITH MY DIVING ABILITIES, AND/OR DIVING CONDITIONS ARE WORSE THAN THOSE FOR WHICH I HAVE BEEN TRAINED OR FOR WHICH I AM COMFORTABLE. 


5. I AM FULLY AWARE AND HAVE BEEN TRAINED IN THE DANGERS, RISKS AND HAZARDS OF HOLDING MY BREATH WHILE DIVING ON COMPRESSED AIR AND/OR ENRICHED AIR (EAN), AND FULLY AGREE NOT TO HOLD THE ABOVE-NAMED INDIVIDUALS, PERSONS OR ENTITIES RESPONSIBLE FOR ANY SUCH ACT BY ME. IN THE EVENTUALITY THAT I BECOME DISTRESSED AT THE SURFACE, I WILL IMMEDIATELY INFLATE MY BUOYANCY COMPENSATOR, DROP MY WEIGHTS, AND SIGNAL THE DIVE VESSEL OF MY NEED FOR ASSISTANCE. I UNDERSTAND THAT IF I REQUIRE ANY ASSISTANCE FROM THE VESSEL, DIVE MASTER OR CAPTAIN, I WILL GIVE THE PROPER "DIVER IN TROUBLE" SIGNAL. I UNDERSTAND THAT THIS DIVE TRIP MAY BE CONDUCTED AT A SITE OR SITES REMOTE FROM A MEDICAL FACILITY AND RECOMPRESSION CHAMBER...NEVERTHELESS, I EXPRESSLY WISH TO PROCEED WITH THIS TRIP. 

6. 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


7. 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 IS 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. 


8. 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 I 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. 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

 

Dated: November 19, 2024


First Divers Name

First Name*

Middle Name

Last Name*

Phone*
First Divers Date of Birth*
First Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
First Divers Signature*
Second Divers Name

First Name*

Middle Name

Last Name*
Second Divers Date of Birth*
Second Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Third Divers Name

First Name*

Middle Name

Last Name*
Third Divers Date of Birth*
Third Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Fourth Divers Name

First Name*

Middle Name

Last Name*
Fourth Divers Date of Birth*
Fourth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Fifth Divers Name

First Name*

Middle Name

Last Name*
Fifth Divers Date of Birth*
Fifth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Sixth Divers Name

First Name*

Middle Name

Last Name*
Sixth Divers Date of Birth*
Sixth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Seventh Divers Name

First Name*

Middle Name

Last Name*
Seventh Divers Date of Birth*
Seventh Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Eighth Divers Name

First Name*

Middle Name

Last Name*
Eighth Divers Date of Birth*
Eighth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Ninth Divers Name

First Name*

Middle Name

Last Name*
Ninth Divers Date of Birth*
Ninth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Tenth Divers Name

First Name*

Middle Name

Last Name*
Tenth Divers Date of Birth*
Tenth Divers Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's 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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Diver Certification Level*
Date of last dive*
Total number of logged dives*
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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