LIABILITY RELEASE FOR SUPERVISION OF CERTIFIED DIVERS
THIS IS A RELEASE OF YOUR RIGHTS TO ENGAGE IN ANY LEGAL ACTION INVOLVING CARIBBEAN SEA SPORTS N.V. (“CSS”), CURAÇAO MARRIOTT BEACH RESORT, RIF RESORT HOTEL N.V.(“RENAISSANCE HOTEL”), MARRIOTT INTERNATIONAL, INC, CCR HOTEL MANAGEMENT N.V. DBA DREAMS CURAÇAO RESORT, CASINO AND SPA, CCR HOTEL MANAGEMENT N.V. DBA DREAMS SECRETS AND THEIR AFFILIATES SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNEES, (“RELEASEES”), FOR PERSONAL INJURIES OR WRONGFUL DEATH THAT MAY OCCUR DURING THE FORTHCOMING DIVE, SNORKEL, WATERSPORTS AND ASSOCIATED ACTIVITIES (INCLUDING BOAT AND/OR VEHICULAR TRANSPORTATION) AS A RESULT OF THE INHERENT RISKS ASSOCIATED WITH SUCH ACTIVITY OR AS A RESULT OF NEGLIGENCE.
(By place your INITIALS next to each of the following sections, you are agreeing to this entire document.)
- I acknowledge that I am a certified diver trained in safe diving practices.
- I am aware of the risks inherent in this sport and accept these risks.
- I affirm that I am in good mental and physical fitness for diving, and that I am not under the influence of either alcohol, nor am I under the influence of drugs that are contraindicatory to diving. 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/drug.
- I am aware of the dangers of breath holding while scuba diving, and will not hold the “RELEASEES” or any of its employees, instructors, certified assistants, boat operators or diver training agencies responsible if I am injured doing so.
- I am aware that I will be diving with a buddy, and it will be our responsibility to plan a dive allowing for our diving limitations and prevailing water conditions. I also expressly assume the risk and accept the responsibility to plan my dive and dive my plan. I will not hold the “RELEASEES” responsible for my failure to safely plan my dive.
- I will inspect all of my equipment prior to the activity and will notify the “RELEASEES” or its employees if any of my equipment is not working. I will not hold the “RELEASEES” or any of its employees, agents, or assigns responsible for my failure to inspect my equipment prior to diving.
- I acknowledge that I am physically fit to SCUBA dive/snorkel, and I will not hold the “RELEASEES “ or any of its employees, agents, or assigns responsible if I am injured as a result of heart, lung, ear, or circulatory problems or other illnesses that occur while diving and/or snorkeling.
- I understand that even though I follow all of the appropriate dive practices, there is still a risk of my sustaining decompression sickness, embolism or other hyperbaric injuries, and I expressly assume the risk of said injuries.
- I understand that SCUBA diving/snorkeling are physically strenuous activities and that I will be exerting myself during this excursion, and then, if I am injured as result of heart attack, panic, hyperventilation, etc, that I expressly assume the risk of said injuries and that I will not hold the “RELEASEES” or any of its employees, agents, or assigns responsible for the same.
- I also understand that on this open-water diving trip I will be at a remote site and that there will not be immediate medical care, or hyperbaric care available to me, and I expressly assume the risk of diving in such a remote spot.
- IT IS THE INTENTION OF PARTICIPANT BY THIS INSTRUMENT TO EXEMPT RELEASEES FOR PERSONAL INJURIES OR WRONGFUL DEATH THAT MAY OCCUR DURING THE FORTHCOMING DIVE, SNORKEL, AND/OR WATERSPORTS ACTIVITY (INCLUDING BOAT AND/OR VEHICULAR TRANSPORTATION) AS A RESULT OF THE INHERENT RISKS ASSOCIATED WITH SUCH ACTIVITY OR AS A RESULT OF NEGLIGENCE.
I hereby accept the equipment in the condition as is and I acknowledge having examined the equipment and have satisfied myself that it is in good order and working condition. The RELEASEES accept no responsibility for any defect in the equipment and does not warrant that it is suitable for any particular purpose. I agree that the use of said equipment is at my own risk. I shall return the same in good order and working condition and shall be financially liable for any deviations there from.
PHOTO and/or VIDEO RELEASE
I understand that I may appear in photos or videos produuced during my trip. By intialling this statement I hereby relase all rights to said images and give specific permission to Caribbean Sea Sports and there imaging subsidiaries to use the images in any and all marketing and social media venues.
RELEASE OF LIABILITY
I understand that SCUBA diving, snorkeling or other watersports activity (including boat/vehicular transportation) is at my own risk and I hereby release the RELEASEES and save them harmless from all claims, loss, damage, injury and liability arising from any injury and /or illness sustained by me while engaged in diving, snorkeling or any water sports, caused or occasioned by reason of the perils or dangers of the sea or by reason of the act, omission, negligence, or default of any other diver, divers, snorkeler or snorkelers, person or persons engaged in water sports or as a consequence of illness or disease or disability which renders such person or persons unfit for diving, snorkeling, or any water sports.
This agreement shall be determined according to the laws of Curaçao and shall be adjudicated in the courts of Curaçao to the exclusion of any other courts.
I FULLY UNDERSTAND THAT I FOREVER GIVE UP ANY RIGHT TO SUE OR MAKE A CLAIM AGAINST THE RELEASEES IF I SUFFER INJURY OR DAMAGE EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THE INJURY OR DAMAGE MAY BE. I HEREBY PERSONALLY ASSUME ALL RISKS WHETHER FORESEEN OR UNFORESEEN IN CONNECTION WITH THE ACTIVITY OR ANY ACTIVITIES INCIDENTAL THERETO, I FULLY UNDERSTAND AND AGREE THAT THESE TERMS ARE CONTRACTUAL AND NOT A MERE RECITATION AND THAT I HAVE VOLUNTARILY SIGNED THIS DOCUMENT.
I HEREBY ACKNOWLEDEGE THAT I HAVE READ THE WAIVER AND RELEASE, UNDERSTAND THE TERMS AND THEIR LEGAL EFFECT AND MY SIGNING CONSTITUTES RELEASE OF VALUABLE RIGHTS.
Date: September 29, 2020