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LIABILITY RELEASE & EXPRESS ASSUMPTION OF RISK

I HEREBY DECLARE THAT I AM A CERTIFIED SCUBA DIVER, TRAINED IN SAFE DIVING PRACTICES,or A SCUBA STUDENT IN TRAINING AND AM AWARE OF THE INHERENT HAZARDS OF SKIN AND SCUBA DIVING.

I understand and agree that neither Islamorada Dive Center, LLC dba Islamorada Dive Center; nor the dive supervision staff; nor International PADI, Inc., nor Islamorada Resort Collection which is the collective dba for La Siesta Resort LLC, Amara Cay Resort LLC, Pelican Cove Resort, LLC, PC Inn Resort, LLC); nor Davidson Hotel Company, LLC dba Davidson Hospitality Group as the manager of the Islamorada Resort Collection, nor any of their respective employees, officers, agents or assigns (hereinafter referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs or assigns that may occur as a result of my participation in this activity, or as a result of product liability or the negligence of any party, including the Released Parties, whether passive or active.


I understand that diving with compressed air involves certain inherent risks, including but not limited to, air expansion injuries, decompression sickness, embolism and drowning. Hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that this activity may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such activity in spite of the possible absence of a recompression chamber in proximity to the dive site.


I declare that I am in good mental and physical fitness for diving, and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contra-indicatory to diving. If I am taking medication, I declare that I have seen a physician and have approval to dive while under the influence of the medication / drugs. 


I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this activity and that if I am injured as a result of heart attack, panic, hyperventilation, etc., that I assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. 


I will inspect all of my equipment prior to the activity. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving. 


In consideration of being allowed to participate in this activity, I hereby personally assume all risks in connection with the dive(s) for any harm, injury or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen. 


I further save and hold harmless said activity and Released Parties from any claim or lawsuit for personal injury, property damage, or wrongful death, by me, my family, estate, heirs, or assigns, arising out of my participation in this activity, including both claims arising during the activity or after I complete the activity. 


I further declare that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. 


I understand that the terms herein are contractual and not a mere recital, that this instrument is a legally binding document, and that I have signed this document of my own free act. 


I understand that this Liability Release and Express Assumption of Risk is valid for one (1) year from the date of the signed Release. 


IN CONSIDERATION of being permitted to participate in the charter/rental provided by McBoat Marine Holdings LLC i for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injectionof water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet ii


I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.


I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities. 



CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY


I fully agree to assume all responsibility for all the risks of the Charter iv to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL

RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW. 


This Agreement shall be governed by the laws of United States v Any legal action relating to or arising out of this agreement against or with respect to McBoat Marine Holdings LLC vi shall be commenced exclusively in United States. Any legal action relating to or arising out of this Agreement against or with respect to any of it McBoat Marine Holdings LLC, affiliated or related companies shall be commenced exclusively in the 16th Judicial Circuit Court vii. I agree that I will reimburse in full any attorney feesincurred by the assured or their Insurers to defend any legal action under this agreement.


I HEREBY RELEASE McBoat Marine Holdings LLC viii, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF). 


I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).  HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS.

Today's Date: March 11, 2026


First Diver's Name
First Name*
Middle Name
Last Name*
Phone*
First Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
First Diver's Signature*
Second Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Third Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Fourth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Fifth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Sixth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Seventh Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Eighth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Ninth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Tenth Diver's Name
First Name*
Middle Name
Last Name*
Diver's Date of Birth*
Date of Birth
Information
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime Dives: *
Diver's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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 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
Have you been diving in the past 2 years?*
Yes
No
I am a Student
Date of Last Dive: If you are a student please select todays date. *
Certifying Agency:*
Certification Number: If you are a student, please type student. *
Certification Date: If you are a student please select todays date. *
Certification Level*
Total # of Lifetime 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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