TRAVEL LIABILITY RELEASE
Please Read Carefully
In exchange for permitting me to participate in the WaterWorld Scuba, LLC (WWS) escorted trip (the Trip), which includes but is not limited to snorkeling and scuba diving activities, I hereby acknowledge and agree to the following.
1. I certify that I am a snorkeler, certified diver or a student diver and that I have been trained and understand that snorkeling and scuba diving can be hazardous activities. I also understand that snorkeling and scuba diving have inherent dangers and risks, including but not limited to the risks identified below, which could lead to serious personal injury, death, property damage or loss.
- A. I am fully aware that the Trip activities may be conducted at a site that is remote, by time or distance or both, from any necessary emergency medical facility or treatment center.
- B. I am fully aware of the dangers of holding my breath while snorkeling or scuba diving and the dangers and risks associated with a rapid ascent, including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury.
- C. I am fully aware of the possibility that my equipment may fail or malfunction, including but not limited to a free flowing regulator, a stuck inflator button or the unwanted inflation of my buoyancy compensator.
I certify that I have been trained and understand how to manage any inherent dangers and risks that may occur.
2. I certify that I am physically fit to engage in the Trip, including the associated snorkeling and scuba diving activities, and that I will not participate in any activities during the Trip unless I am then medically able to do so. The Released Parties (defined below) should be advised of the following relevant information about my medical condition listed below.
I expressly agree that I will not hold any of the Released Parties responsible should I become injured as a result of a medical condition while I am participating in the Trip.
3. I certify that all of my equipment, including but not limited to my regulator, BCD, and dive computer, has been or will be properly serviced within the calendar year preceding the date that I depart for the Trip by a manufacturer certified technician at a reputable and authorized service center.
4. I certify that at no time during the Trip will I have in my possession any illegal drugs, nor am I taking, nor have I recently taken any alcohol, drugs or medications which would cause an adverse reaction as a result of combining such substances with the Trips snorkeling and scuba diving activities.
5. I understand that during the Trip I may be exposed to a variety of hazards and risks, foreseen and unforeseen, which are inherent in the Trip activities, including but not limited to personal injury, death, property damage or loss resulting therefrom. I understand that such injury, damage or loss can occur by natural causes, by my activities, or by the activities of others, either as a result of negligence or other reasons.
NOW THEREFORE, in connection with my certifications and understandings above, I confirm my understanding that:
- I ASSUME ALL RISKS AND DANGERS associated with my activities during the Trip, including but not limited to the specific risks identified above, and the possibility of personal injury, death, property damage or loss resulting therefrom. This assumption of risk extends to all claims of every kind and nature whatsoever, foreseen and not foreseen, known and unknown.
- I agree to HOLD HARMLESS OF, its owners, members, employees, agents, contractors, subcontractors, servants, volunteers and anyone else directly or indirectly connected therewith (collectively the Released Parties) from any claims, damages, injuries, death, property damage or losses relating in any way to my activities during the Trip, whether caused by MY OWN NEGLIGENCE OR THE NEGLIGENCE OF OTHERS.
- To the fullest extent of the law, I hereby agree to release the Released Parties from ANY AND ALL LIABILITY relating in any way to my activities during the Trip, including but not limited to claims relating to injury, death, property damage, losses or any other adverse effect I might sustain in connection with my activities during the Trip, even if caused by NEGLIGENCE OF OTHERS including the Released Parties.
- I agree to INDEMNIFY AND REIMBURSE the Released Parties for any and all expenses that they incur, including attorneys fees and costs, as the result of efforts to enforce this instrument, including any claim brought against any of the Released Parties by anyone relating in any way to my activities during the Trip.
- I am not relying on any oral or written representations or statements made by any of the Released Parties to induce me to participate in any Trip activities. I further agree that the terms of this instrument may only be amended by a written agreement between WWS and myself and that this instrument shall not be affected or altered by any subsequent oral or written representations made by any of the Released Parties.
- If a court finds any provision of this instrument to be invalid, the remainder of this instrument shall continue in effect and shall be fully enforceable.
- This instrument will be binding on me and my heirs, executors, administrators, successors and assigns.
- Any dispute between me and any of the Released Parties shall be governed by Nevada law (without application of any choice of law provisions thereunder).
I have read this document in its entirety and I freely and voluntarily assume all risks of injury and damages and, notwithstanding such risks, I agree to participate in the Trip and the associated snorkeling and scuba diving activities. I HEREBY EXECUTE THIS INSTRUMENT INTENDING TO BE LEGALLY BOUND