STUART SCUBA LLC – TRAVEL AGREEMENT & LIABILITY WAIVER Florida Seller of Travel Registration No. ST45820
This Travel Agreement (“Agreement”) is entered into between Stuart Scuba LLC (“Company,” “we,” or “us”) and the undersigned traveler (“Participant,” “you,” or “your”). By signing this Agreement, you acknowledge and agree to the terms and conditions herein, which are intended to be legally binding and to the advantage of the Company.
1. Group Size and Trip Minimums A minimum number of travelers is required for each planned group trip. If the minimum number of travelers, as stated in the published trip information, is not met, Stuart Scuba LLC reserves the right to cancel, postpone, or reschedule the trip at its sole discretion. In such cases, any refunds will be issued in accordance with our stated cancellation policy in Section 6.
All trips are based on double occupancy unless otherwise specified. If you are traveling alone and a same-gender roommate is not available, you will be required to pay the applicable single supplement fee.
2. Changes, Modifications, and Substitutions You acknowledge that changes to the published trip itinerary, accommodations, transportation, dive operations, or other arrangements may be necessary due to circumstances beyond the control of Stuart Scuba LLC. These circumstances may include, but are not limited to:
Weather-related events and natural disasters Airline, transportation, or accommodation schedule changes Dive site conditions and safety considerations Mechanical failures or delays Political instability, civil unrest, or public health concerns Actions or requirements of governmental authorities Stuart Scuba LLC reserves the right to make such changes without liability and without prior notice, provided that we make reasonable efforts to arrange comparable alternatives. No refunds will be given for unused portions of the trip due to such changes.
3. Acknowledgement of Risks and Assumption of Responsibility You acknowledge that participation in dive travel involves inherent and unavoidable risks , including but not limited to:
Risks associated with scuba diving, snorkeling, and related water activities Risks of international travel, including but not limited to transportation accidents, health hazards, and differing safety standards Delays, cancellations, or changes in transportation or accommodations Loss, theft, or damage to personal property By signing this Agreement, you voluntarily assume all risks , whether or not foreseeable, and whether or not caused by the negligence or gross negligence of Stuart Scuba LLC, its owners, officers, employees, agents, contractors, or affiliates.
4. Participant Responsibility You are solely responsible for:
Obtaining and carrying all required travel documents, including a valid passport, visas, and dive certifications Ensuring your passport is valid for at least six (6) months beyond the return date of travel Meeting any vaccination, medical, or entry requirements for the destination Complying with all laws, rules, and regulations of the countries visited Being physically and medically fit to participate in scuba diving and related activities Bringing all required and recommended diving equipment in good working order 5. Medical Fitness and Dive Certification You represent that you are a certified diver or will be under the direct supervision of a certified instructor during all diving activities. You agree not to dive under conditions exceeding your training, experience, or comfort level. You are solely responsible for determining whether you are medically fit to dive. Stuart Scuba LLC is not responsible for any injury, illness, or death arising from your medical conditions or failure to disclose relevant medical information.
6. Payments, Cancellations, and Refunds All deposits and payments are non-refundable unless otherwise stated in the trip-specific terms. If you cancel your participation, you may be responsible for any cancellation fees imposed by airlines, hotels, dive operators, or other suppliers, which may be up to 100% of the trip cost .
If Stuart Scuba LLC cancels the trip for reasons beyond its control, refunds will be limited to amounts recovered from suppliers, less any non-recoverable costs. Stuart Scuba LLC is not responsible for additional costs incurred due to trip changes or cancellations, including but not limited to airfare, lodging, meals, or transportation not arranged by us.
7. Insurance Requirements We strongly recommend, and in some cases require, that you obtain trip cancellation/interruption insurance and dive accident and evacuation coverage (such as DAN Insurance). You are solely responsible for obtaining and paying for such insurance and for understanding its terms and limitations.
8. Limitation of Liability and Release To the fullest extent permitted by law, you release, waive, and discharge Stuart Scuba LLC, its owners, officers, employees, agents, contractors, affiliates, successors, and assigns from any and all claims, demands, actions, or causes of action arising out of or related to the trip, including but not limited to claims for personal injury, illness, death, property loss, or damage, whether caused by negligence, gross negligence, or any other fault.
9. Indemnification You agree to indemnify, defend, and hold harmless Stuart Scuba LLC and the Released Parties from any and all claims, liabilities, damages, costs, and expenses (including attorney’s fees) arising out of or related to your participation in the trip, your violation of this Agreement, or your acts or omissions that cause injury or damage to any person or property.
10. Choice of Law and Venue This Agreement shall be governed by the laws of the State of Florida , without regard to conflict-of-law principles. The exclusive venue for any disputes arising from this Agreement shall be the state or federal courts located in Martin County, Florida . You consent to the jurisdiction of such courts. I certify and accept the above trip policies.
September 16, 2025
STUART SCUBA LLC – LIABILITY RELEASE & ASSUMPTION OF RISK AGREEMENT This Liability Release and Assumption of Risk Agreement (“Agreement”) is entered into between Stuart Scuba LLC (“Company”), its affiliates, subsidiaries, owners, officers, employees, agents, contractors, and assigns (collectively, “Released Parties”) and the undersigned participant (“Participant,” “you,” or “your”). By signing this Agreement, you acknowledge, agree, and affirm the terms below, which are legally binding.
1. Acknowledgment of Activities and Risks I hereby acknowledge that I am voluntarily participating in recreational activities offered or arranged by Stuart Scuba LLC, including but not limited to:
Scuba diving and skin diving Snorkeling Boating and other watercraft activities Land excursions, hikes, and associated travel I affirm that I understand that these activities involve inherent risks , including but not limited to:
Risk of injury, illness, paralysis, or death Drowning or near-drowning Loss or damage to personal property Equipment malfunction or failure Environmental hazards, including currents, marine life, or weather Delays or cancellations in travel or dive operations I voluntarily assume all such risks , whether or not caused by negligence (active or passive) of the Released Parties or other participants.
2. Scuba Diving Representation If participating in scuba diving:
I affirm that I am a certified diver or a student diver under the direct supervision of a certified instructor . I understand and accept that scuba diving carries serious risk of injury or death . I have reviewed the dive profile for my selected trip and certify that I either possess or will obtain the required certifications for the planned dives. 3. Release of Liability I hereby fully release, discharge, and hold harmless the Released Parties from any and all claims, causes of action, liabilities, damages, or expenses (including attorney’s fees) arising from or related to my participation in the trip, including but not limited to:
Personal injury, illness, or death Property loss or damage Negligence, gross negligence, or any other fault of the Released Parties, whether active or passive Product liability or failure of equipment provided by the Released Parties This release applies to the fullest extent permitted by law , and is intended to cover all claims by me, my heirs, estate, assigns, and beneficiaries.
4. Assumption of Responsibility I understand and agree that:
I am solely responsible for my personal safety, travel documentation, medical fitness, dive readiness, and equipment . I will adhere to all laws, rules, and instructions of dive operators, guides, or other authorities. I will not hold the Released Parties responsible for any failure to supervise, rescue, or recover me during any activity. 5. Authority to Bind Heirs and Assigns I acknowledge that I am legally competent and of lawful age to sign this Agreement, or I have obtained the consent of my parent or legal guardian. I represent and warrant that I have the authority to release the Released Parties on behalf of myself and my heirs, estate, assigns, and beneficiaries , and that these parties are legally bound by this Agreement.
6. Severability If any provision of this Agreement is found to be invalid, unenforceable, or void , such provision shall be severed, and the remainder of the Agreement shall remain fully enforceable as though the invalid provision had never existed.
7. Contractual and Binding Effect I understand that this Agreement is a contractual and legally binding document and not a mere recital. By signing:
I knowingly and voluntarily waive all rights to sue the Released Parties for any claims arising from my participation in the trip. I confirm that I have fully read, understand, and agree to all terms of this Agreement. I acknowledge that this Agreement is intended to protect the Released Parties to the maximum extent allowed by law .
September 16, 2025
STUART SCUBA LLC – INSURANCE, PAYMENT, AND CANCELLATION POLICY (REVISED) 1. Dive Accident Insurance I acknowledge that:
Dive Accident Insurance may be required by the dive resort, operator, or country of travel for participation in scuba diving activities. Stuart Scuba LLC is not liable for any medical, evacuation, or other costs arising from dive-related incidents or accidents.While Stuart Scuba LLC cannot mandate coverage, local dive operators or resorts may refuse access to boats, cylinders, or dive operations without proof of dive insurance. Stuart Scuba LLC strongly recommends purchasing Dive Accident Insurance from a recognized provider (e.g., DAN, DiveAssure) to cover risks associated with scuba diving, including emergency evacuation, medical treatment, and related expenses. I agree to provide proof of coverage if requested and understand that my participation in dives may be denied without it.
2. Travel Insurance (including COVID-19 and Related Risks) I acknowledge that:
The resort, operator, or country of the planned trip may require comprehensive travel insurance , including coverage for medical expenses, COVID-19 related costs, quarantine, trip interruption, or cancellation. Stuart Scuba LLC is not liable for any travel-related medical or associated costs incurred during the trip.Travel insurance is strongly recommended to protect against unforeseen events, including illness, injury, natural disasters, political unrest, or travel delays. Outside the U.S., most U.S. medical insurance policies do not cover medical expenses , including COVID-related care. I understand that coverage for non-dive-related medical expenses should be confirmed in my chosen Dive or Travel Insurance plan. 3. Responsibility for Trip Interruptions, Failures, or Unforeseen Events I understand and agree that:
Stuart Scuba LLC is not responsible or liable for any accident, delay, damage, inconvenience, loss, injury, death, or mental/physical distress caused by: Mechanical failure of transport or vessels Illness, injury, or quarantine Natural disasters, weather events, or acts of war Failure of third-party service providers to perform included services Any unforeseen events , including but not limited to pandemics, epidemics, government restrictions, travel bans, or other risks not specifically identified at the time of bookingAny additional expenses incurred due to the above events are my sole responsibility. Stuart Scuba LLC will, however, make reasonable efforts to assist in addressing travel disruptions. 4. Acknowledgment and Agreement I hereby certify that:
I have read, understand, and accept the statements in this Insurance, Payment, and Cancellation Policy. All of my questions and concerns have been addressed to my satisfaction. I accept that I am fully responsible for ensuring proper insurance coverage and understand the limits of liability for Stuart Scuba LLC, including unforeseen or unanticipated risks.
September 16, 2025
PAYMENT AND CANCELLATION POLICY
All deposits are non-refundable under any circumstances , including but not limited to participant cancellation, illness, injury, travel restrictions, or failure to meet minimum group requirements.
I Agree
Acknowledgment of Cancellation Policy
I hereby confirm that I have read, understood, and accepted the Payment and Cancellation Policy as outlined by Stuart Scuba LLC for my selected planned trip. I acknowledge that all deposits are non-refundable and that I am responsible for adhering to the payment and cancellation terms described above.
I Agree
I have read and understand the payment schedule for my planned trip, including penalties for late payment.
I Agree
I understand that I am liable for any additional charges due to changes I make in my planned trip reservation.
I Agree
I understand and agree that I am responsible for any and all additional costs or fees incurred as a result of any changes, modifications, or upgrades I request to my planned trip reservation. I further acknowledge that Stuart Scuba LLC may charge fees or require payment to cover any increased costs imposed by third-party vendors, resorts, or operators resulting from such changes.
September 16, 2025