DIVER & SNORKELER RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENTREAD CAREFULLY BEFORE SIGNING – BY SIGNING, YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I acknowledge and agree that the purpose of this document is to fully and forever release, waive, discharge, and hold harmless Stuart Dive Shop, Scuba Partners, Stuart Scuba Partners, Little Deeper Charters, together with all of their respective owners, officers, directors, employees, agents, contractors, affiliates, insurers, successors, assigns, and any vessels, boats, or watercraft used in connection with their activities (whether owned, leased, borrowed, or chartered) (collectively, the “Released Parties”), from any claims, demands, actions, causes of action, damages, losses, costs, or liabilities of any nature whatsoever. This release expressly includes, but is not limited to, any claims arising out of or related to the acts, omissions, negligence, or negligence of the Released Parties, whether active or passive, and regardless of whether such acts or omissions occur before, during, or after my participation in any diving, boating, training, transport, or related activities. I further understand and agree that this waiver applies to any injury, illness, disability, property damage, or death I may suffer, whether foreseeable or unforeseeable, and whether occurring on land, on board a vessel, or in the water, as a result of my participation. I assume full responsibility for any and all risks, whether known or unknown, inherent or incidental, to such activities. Diver Release, Assumption of Risk, Waiver of Liability, and Indemnification AgreementThis document is a legally binding release, waiver, and assumption of risk agreement (“Agreement”). By signing, you are giving up certain legal rights, including the right to sue. Read carefully before signing. 1. PARTIES & DEFINITIONSReleased Parties means, collectively, Stuart Scuba (including any related or affiliated entities and trade names, such as Stuart Dive Shop, Scuba Partners, Orlando Scuba Partners, Under the Bridge Watersports, Little Deeper Charters, Teach Me to Dive), together with each of their respective owners, members, managers, officers, directors, employees, instructors, divemasters, captains and crew, agents, independent contractors, volunteers, insurers, successors, and assigns, and any vessels, boats, or watercraft used in connection with the Activities (whether owned, leased, borrowed, or chartered) and the owners/operators of such vessels. Activities means any and all scuba diving, snorkeling, freediving, training and certification programs, swim tests, use of rental gear, loading/unloading, travel and transport to/from dive sites, time aboard vessels (at dock or underway), entries/exits, surface intervals, shore entries, and any related on-water or on-land activities. This Agreement is a legally binding release and assumption of risk agreement (the “Agreement”). 2. Certification, Training Status, and Physical ConditionI certify that I am either (a) a certified scuba diver, or (b) a student diver participating in scuba training under the direct supervision of a certified diving instructor. I further certify that: - I have been diving within the past twelve (12) months OR I am currently enrolled in a recognized scuba diving training program OR I am under the direct in-water supervision of a certified instructor.
- I am physically and medically fit for scuba diving, snorkeling, and boating activities.
- I have no medical condition that would impair my ability to participate safely, including but not limited to heart disease, lung disease, ear or sinus conditions, epilepsy, diabetes, or any condition requiring medication.
- I am not under the influence of alcohol, illegal drugs, or impairing medications, nor am I suffering from a hangover. I have not consumed alcohol within the last twelve (12) hours.
- I am not in possession of any illegal drugs, alcohol, or impairing substances and will not bring or consume them aboard any vessel.
3. Assumption of RiskI understand that diving and boating involve inherent and unavoidable risks, which include, without limitation: equipment failure; slips/trips/falls; ladders and swim platforms; perils of the sea; surf, currents, surge, visibility changes, entanglement, and marine life; dehydration and heat/cold exposure; barotrauma, decompression sickness, nitrogen narcosis, arterial gas embolism, hypoxia/hyperoxia, drowning; navigation/boat traffic; limited communications and delays in rescue or medical treatment. I understand the dangers of breath-holding with scuba, rapid ascents, omitted safety stops, and failing to monitor gas, depth, and time. I knowingly and voluntarily assume all such inherent risks.. These risks include, but are not limited to: - Equipment failure or malfunction.
- Perils of the sea, marine life, waves, currents, and environmental conditions.
- Decompression sickness, arterial gas embolism, hypoxia, or drowning.
- Acts, omissions, negligence, or negligence of the Released Parties or other participants.
- Delayed or unavailable medical treatment due to the location of the vessel or dive site.
I have been taught and understand the dangers of breath-holding while using scuba equipment, the hazards of rapid ascents, and the need for adherence to safe diving practices. I knowingly and voluntarily assume all such risks, whether or not caused by the negligence or negligence of the Released Parties. 4. EQUIPMENT, DIVE READINESS & SAFE PRACTICES- Inspection. Before diving, I will personally inspect all life-support and snorkeling equipment I use (my own and/or rentals), including regulators, BCD, tanks/cylinders, gauges, computer, weights, mask/snorkel/fins, exposure protection. I will not dive if any equipment is malfunctioning or unfamiliar.
- Dive Computer. I will dive with and know how to operate a dive computer set to my gas, units, and conservatism; I will monitor NDL/decompression status and ascent rate; I will perform a 3–5 minute safety stop when practicable.
- Gas Management. I will begin ascent with sufficient reserve to return to the vessel/exit with no less than 500 PSI (34 bar) remaining. I accept full responsibility for my gas planning and monitoring.
- Buddy System; Separation. I will remain with my buddy and/or designated group. I will not dive solo unless I hold a recognized solo/independent diver certification, have redundant gas and appropriate safety equipment, and have advised and obtained approval from dive staff. Lost-buddy protocol: 1‑minute search while ascending slowly; then surface, signal, and regroup.
- Surface Signaling. I will carry and know how to use a surface marker buoy (SMB) and an audible/visual signaling device when conditions warrant or when required by staff.
- Distress. If distressed at the surface, I will drop weights and fully inflate my BCD to obtain positive buoyancy, and if needed, signal the vessel for assistance.
I accept full responsibility for my decision to dive and for the proper use, care, and return of any rental equipment. 5. Medical Emergencies and CareI acknowledge that dive sites and vessels may have limited or no immediate medical facilities and that treatment/evacuation may be delayed. I consent to first aid, administration of oxygen, AED/CPR, and emergency evacuation/transport at my expense if deemed necessary by staff or responders, and I authorize the release of relevant medical information to emergency personnel. I understand I am responsible for all costs of medical care and evacuation, and am encouraged to maintain dive accident insurance. 6. Release and Waiver of LiabilityTo the fullest extent permitted by law, in consideration of being allowed to participate in the Activities, I release, waive, and forever discharge the Released Parties from any and all claims, demands, actions, damages, losses, costs, or liabilities of any kind arising from or related to the Activities, including those arising from the ordinary negligence of any Released Party. This release does not extend to gross negligence, reckless, or intentional misconduct, nor to rights or duties that cannot be waived under applicable maritime, federal, or state law. I further covenant not to sue the Released Parties for such released claims. 7. IndemnificationI agree to indemnify, defend, and hold harmless the Released Parties from and against third‑party claims (including reasonable attorney’s fees and costs) to the extent caused by my own acts or omissions, violation of law, or breach of this Agreement, except to the extent such claims arise from the gross negligence, reckless, or intentional misconduct of any Released Party. 8. Choice of Law and VenueGoverning Law. To the extent Activities occur on navigable waters or aboard a vessel, this Agreement shall be construed and enforced under U.S. maritime law; otherwise, Florida law governs. Venue/Jurisdiction. The exclusive venue shall be in the state courts of Martin County, Florida, or the U.S. District Court serving Martin County, as applicable, and I consent to jurisdiction of those courts. Savings – Passenger Injury/Death.To the extent prohibited by applicable maritime law (including 46 U.S.C. §30509), this Agreement does not waive claims for personal injury or death caused by the negligence of a vessel owner or operator. All other terms (including assumption of risk, duties to follow safety rules, and indemnity for my conduct) remain in force to the maximum extent permitted by law. 9. RIGHT TO REFUSE SERVICEFor safety reasons, the Released Parties may refuse or terminate participation (without refund when due to my breach or misconduct) if I am unfit, impaired, fail to follow instructions, or otherwise pose a risk to myself or others. 10. SeverabilityIf any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 11. Acknowledgement of UnderstandingI have carefully read this Agreement, fully understand its terms, and sign it freely and voluntarily. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, without any inducement, assurance, or guarantee being made to me. 12. Equipment Inspection and Dive ReadinessPrior to departure from the dock, I will personally inspect all scuba and snorkeling equipment to be used during the activity, including but not limited to regulators, buoyancy control devices (BCDs), tanks, gauges, masks, fins, snorkels, weights, and wetsuits. I will ensure that I have a properly functioning dive computer that I know how to operate and am comfortable using. I agree to take whatever actions are necessary to resolve any problems with my equipment before diving, and I will not dive if any piece of my equipment is not functioning properly. I fully release and discharge the Released Parties from any liability for injury, illness, or death resulting from my failure to inspect my equipment, my decision to dive with equipment that is malfunctioning or improperly maintained, or my failure to use equipment in accordance with manufacturer instructions or training. 13. Safety Briefing, Dive Planning, and Buddy SystemI will be present for, and give my full attention to, all safety briefings conducted by dive staff and the vessel’s captain. I will refrain from using any electronic devices, engaging in distracting conversations, or otherwise diverting my attention during such briefings. If I do not understand any instruction or if the instructions differ from my prior training, I will immediately seek clarification from the captain or designated dive leader before entering the water. I acknowledge and understand the internationally recognized dive buddy system and agree to remain in close proximity to my assigned dive buddy and/or within the designated dive group at all times. I will not intentionally separate from my buddy or the group unless I have: - Properly notified and received approval from the dive staff, and
- Proof of full certification for independent or solo diving from a recognized training agency, and
- Appropriate redundant air supply and safety equipment suitable for executing a solo dive in the planned environment, and
- Pre-dive planning that accounts for my independent navigation, air management, depth, time limits, and emergency contingencies.
If I do not meet all of the above conditions, I will dive only within the buddy system and in accordance with the dive plan provided by the dive staff. - I acknowledge that it is my sole responsibility to plan and execute my own dive within the parameters of the dive briefing and to monitor my own safety at all times, including air supply, depth, bottom time, ascent rate, and adherence to safe diving practices. I agree to begin my ascent from each dive with sufficient air to ensure that I return to the vessel with no less than 500 PSI (34 bar) remaining in my tank.
14. Property Loss and DamageI understand and agree that the Released Parties assume no responsibility for the loss of, theft of, or damage to any personal property, whether occurring on land, aboard the vessel, or in the water, regardless of cause. 15. Distress and Emergency ProceduresIf I become distressed at the surface, I will immediately drop my weight belt and fully inflate my buoyancy compensator for positive flotation. If I require assistance from the vessel, I will use the recognized “diver in trouble” signal to request help. 16. Final Acknowledgement and Complete ReleaseI fully understand and agree that the Released Parties are not insurers of my safety and have no legal obligation or duty to rescue or recover me in the event of distress, disappearance, or emergency. I expressly release, waive, and discharge the Released Parties from any and all liability, claims, or causes of action arising out of or related to any failure to rescue, locate, or recover me, whether caused in whole or in part by their negligence, ordinary negligence, or any other fault or omission. By signing this Agreement, IT IS MY EXPRESS INTENTION to irrevocably give up any and all legal rights I may have now or in the future to bring a lawsuit, claim, or other legal action against any of the persons or entities identified herein — whether specifically named or not — for any injury, illness, death, or property damage arising out of scuba diving, snorkeling, boating, or related activities. This includes, without limitation, the release and discharge of Stuart Dive Shop, Scuba Partners, Stuart Scuba Partners, Little Deeper Charters, Teach Me to Dive, and all of their respective owners, officers, directors, employees, agents, contractors, insurers, successors, assigns, and any vessels, boats, or watercraft used in connection with their activities (whether owned, operated, leased, or chartered). I further agree to hold harmless and indemnify all Released Parties from any claims or demands brought by me or on my behalf, as well as by my heirs, executors, administrators, legal representatives, assigns, or anyone else acting for or on behalf of me, in connection with my participation. I affirm that I have read this entire Agreement in full, that I fully understand its terms, and that I am signing it voluntarily and of my own free will, without any inducement, assurance, or guarantee being made to me. I further acknowledge that this Agreement is binding upon me, my heirs, executors, administrators, assigns, and personal representatives. September 9, 2025 |