THIS IS A RELEASE OF YOUR RIGHTS TO SUE SHIPWRECK EXPLORERS LLC AND/OR ANY OF ITS OWNERS, EMPLOYEES, AGENTS AND ASSIGNS AND VOLUNTEERS, THE VESSEL MOLLY V, THE OWNER OF THE VESSEL, THE CAPTAIN AND CREW OF THE VESSEL AND ALL ASSOCIATED ENTITIES (“Released Parties”) FOR PERSONAL INJURIES, WRONGFUL DEATH OR PROPERTY DAMAGE THAT MAY OCCUR DURING YOUR FORTHCOMING DIVE ACTIVITIES/TRIP AS A RESULT OF THE INHERENT RISKS ASSOCIATED WITH BOATIG, SCUBA DIVING OR TECHNICAL DIVING.
Please sign your INITIALS
1. I acknowledge that I am a certified scuba diver, or under an instructor’s supervision, trained in safe diving practices. I have been advised of and fully understand the inherent hazards of scuba diving/technical diving (including semi-closed or closed circuit rebreather diving) activities. I further ackowledge that I am trained to the level that I, myself, deem necessary to complete the scheduled dives in a safe manner.
2. I understand that the inherent risks of scuba diving include, but are not limited to: pre-existing health issues leading to injury, drowning, panic, pressure related injuries, decompression sickness, over-expansion injuries, embolism, gas toxicity, slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, becoming lost or disoriented at depth, environmental factors which lead to injury, equipment problems leading to injury, buoyancy problems, fire and/or explosive hazards, improper dive planning, improper action of other divers or support personnel (including failure to rescue, recover, resuscitate, or provide medical assistance), poor judgment, along with other unforeseen risks; all of which can result in serious injury, drowning and/or death. I understand that diving with compressed air, oxygen enriched air, or other gas blends including oxygen supplied by standard open circuit scuba, semi-closed or fully closed circuit rebreathers, involves certain inherent risks including oxygen toxicity, hypoxia, hypercapnia, inert gas narcosis, and/or improper mixtures of breathing gas.
3. I understand that scuba diving is a physically strenuous activity and that I will be exerting myself during this diving excursion, and that if I am injured as a result of a heart attack, panic, hyperventilation, etc. that I expressly assume the risk of said injuries that I will not hold Shipwreck Explorers LLC / Released Parties responsible for the same.
4. I fully understand and am aware that the dive boat has limited medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio and that treatment will be delayed until I can be transported to a proper medical care facility. I further understand that this activity may be conducted in a remote area where medical attention may be not available. Nevertheless, I expressly agree to proceed with this trip.
5. Shipwreck Explorers LLC / Released Parties have made no representation to me, implied or otherwise, that they or their crew will perform safe rescues, or render first aid. In the event I show signs of distress, call for aid or assistance I will not hold Shipwreck Explorers LLC / Released Parties responsible for their actions in attempting the performance of a rescue or first aid.
6. I affirm that I am in good mental and physical fitness for diving, and that I am not under the influence of any drugs that are contradictory to diving. If I am taking medication(s), I affirm that I have seen a physician and have an approval to dive under the influence of the medication(s) or drug(s).
7. I affirm that will inspect all of my equipment, including all personal and/or rented equipment from Shipwreck Explorers LLC / Released Parties, prior to the diving activity and will notify Shipwreck Explorers LLC / Released Parties if any of my equipment is not working properly. I will not hold Shipwreck Explorers LLC nor Released Parties responsible for my failure to inspect my equipment prior to diving. I also agree to hold harmless all Released Parties should any of my dive equipment fail at any time.
8. I will pay attention to the safety briefing given by Shipwreck Explorers LLC / Released Parties. I understand that I, myself, am responsible for my safety either above or below water. I agree that I will plan my dives in a safe manor and execute them in a safe manor. I agree to follow all safe diving practices that I have been trained for in my scuba diving classes. I agree that I will immediately cease and abort my dive should I feel uncomfortable at any time.
9. I understand that sea conditions may change while we are en route to the dive site, underwater diving or any time during the dive trip and that this is a function of the environment. I will not hold Shipwreck Explorers LLC / Released Parties responsible for weather / sea conditions over which they have no control.
10. I acknowledge that Shipwreck Explorers LLC / Released Parties are only providing transportation from the boat's dock to a location for me to pursue my underwater activities. The Captain or Released Parties, while assisting on board the vessel, are not providing instructions, protection from perils of scuba diving, snorkeling, or swimming and are not responsible for my safety while in the water.
11. I also understand that it is unlawful to remove any shipwreck artifacts at any time. I understand that if I do this, it is without the knowledge of anyone else, and I am solely responsible for my actions.
12. WAIVER OF LAWSUIT/LIABILITY: Having read this wavier, I agree to RELEASE from LIABILITY and HOLD HARMLESS Shipwreck Explorers, LLC, along with its respective officers, directors, employees, owners, members, crew members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with the Boat Ride, and all individuals and entities having an interest in the boat being used for the Boat Ride, from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever (including negligence), arising out of the Boat Ride or in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Shipwreck Explorers LLC’s services and premises.
I have fully informed myself of the contents of this information and release by reading it before I signed it on behalf of myself or my heirs.
*It is also my intention that this release is to be continuing in nature, and will apply to any injuries or death arising out of, or related to, any diving activities I participate in with the released parties after the herein after referenced date of my signature.
September 29, 2022