I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE HORIZON DIVER ADVENTURES INC. AND HORIZON DIVERS (HEREAFTER CALLED HORIZON) AND CHEECA VIEW, PISCES, LUNA BAY, OR PIRATES LIFE (HEREAFTER CALLED VESSEL), ITS EMPLOYEES, AGENTS, AND DIVE BOATS, WHETHER OWNED, OPERATED, LEASED OR CHARTERED AND TO HOLD THESE ENTITIES (THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE.
THE FOLLOWING APPLIES TO DIVERS ONLY:
1. I acknowledge that I am a certified scuba diver, trained in safe diving practices, and have practiced my diving skills within the last year, or I am under the direct supervision of a diving instructor.
2. I will be diving with a buddy, and it will be our responsibility to plan our dive, allowing for our diving limitations and the prevailing water conditions. I will not hold the above listed individuals responsible for my failure to safely plan my dive. I will remain with my buddy at all times.
3. I will immediately end my dive if:
(1) I feel uncomfortable with my planning abilities.
(2) Diving conditions are worse than I have been trained or have experience for.
4. I will have a snorkel, submersible pressure gauge, depth gauge, alternate air source, and a buoyancy compensator (BC) with an inflator hose.
5. I will arrive on board the boat with a minimum of 500 PSI still remaining in my tank, following each dive.
6. If I become distressed on the surface, I will immediately release my weight system and inflate my BCD for flotation assistance.
7. I am aware of the dangers of holding my breath while scuba diving and will not hold HORIZON, its agents, employees, or dive boats responsible, if I am injured or die doing so.
8. I will inflate my buoyancy system any time I am on the surface, even if just for a few moments.
THE FOLLOWING APPLIES TO DIVERS AND SNORKELERS:
9. I understand scuba diving and snorkeling have inherent risks and dangers associated therewith, including, but not limited to the risks associated with equipment failure, perils of the sea, acts of fellow divers, injuries from marine animals, injuries from boats and boat traffic, and I specifically assume such risks, including those risks which are not specifically enumerated herein.
10. I will inspect all of my equipment prior to the activity and will notify the above listed individuals if any of my equipment is not working properly. I will not hold HORIZON responsible for my failure to inspect my equipment prior to diving / snorkeling nor will I hold HORIZON responsible for equipment failure.
11. I affirm that I am in good mental and physical fitness for diving / snorkeling, and that I am not under the influence of alcohol, nor am I under influence of any drugs that are contradictory to diving / snorkeling. If I am taking medication, I affirm that I have seen a physician, and have approval to dive while under the influence of the medication / drugs. I will not hold HORIZON responsible or liable for any injury or death caused by my mental or physical conditions.
12. I understand that scuba diving / snorkeling is a physically strenuous activity, and that I will be exerting myself during the diving excursion, and that if I am injured or die as a result of a heart attack, panic, hyperventilation, lung or heart problems, or other illness or medical problems which occur while diving and or snorkeling, that I expressly assume the risk of said injuries and that I will not hold HORIZON responsible for the same.
13. I fully understand and am aware that I will be at a remote site and that the dive boat has limited medical equipment and that in the event of illness or injury, appropriate medical care must be summoned by radio and medical and / or hyperbaric care will be delayed until I can be transported to a proper medical care facility. I expressly assume the risk of diving in such a remote location.
14. HORIZON has made no representation to me, implied or otherwise, that they or the crew can or will perform safe rescues or render first aid. In the event I show signs of distress, or call for aid, I would like assistance and will not hold HORIZON, its employees, agents, crew, dive boats, or passengers responsible for their actions in attempting the performance of a rescue or first aid, nor will I hold HORIZON responsible for any delay in performing such rescue or first aid.
15. IT IS MY INTENTION, BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE HORIZON DIVE ADVENTURES, INC., AND HORIZON DIVERS, ITS EMPLOYEES, AGENTS, OFFICERS, INSTRUCTORS, SERVANTS WHETHER SPECIFICALLY NAMED HEREIN OR NOT, FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE, OR OTHERWISE, AND I ASSUME ALL RISK IN CONNECTION WITH BOATING, SNORKELING, AND SCUBA DIVING ACTIVITIES AND INSTRUCTION.
16. I HAVE READ THE FOREGOING IN ITS ENTIRETY AND AGREE TO THE TERMS AND CONDITIONS HEREIN ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS, AND PERSONAL REPRESENTATIVES, AND FOREVER EXEMPT AND RELEASE HORIZON AND ALL RELATED ENTITIES FROM ALL LIABILITY WHATSOEVER, FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE.
17. I hereby state and agree, that this release will be effective and valid for all diving, snorkeling, or boating activities as defined above.
18. Certification of age…I certify that I am over 18 years of age, or that I am entering this agreement as the legal guardian for a minor that is under 18 years of age. I intend this to be a legally binding contract.
19. I understand that it is my option to wear a snorkel vest and agree not to hold HORIZON DIVE ADVENTURES, INC., or HORIZON DIVERS, responsible for any injuries I sustain as a result of my decision to wear or not to wear a snorkel vest.
20. ADVERTISING / PHOTO / VIDEO RELEASE: I permit my likeness to be used in items published by or for HORIZON DIVE ADVENTURES, INC., or HORIZON DIVERS.
I have read all of the above, understand, and agree to be bound by the same.
Today's Date: March 25, 2023