Acknowledgement of Cancellation Policy
Maui Diamond Sea Sports respects that your time is valuable, so once a spot is sold, we hold it for you and frequently turn away other passengers as a result. When we confirm and accept payment for your activity, we guarantee your spot. In return, we expect your compliance in agreeing to having financial responsibility for the spots you've booked on our charters.
By signing below, you are stating the following:
I understand that the scheduled dive destinations are subject to weather and conditions and that Maui Diamond Sea Sports reserves the right to cancel or change destinations at any time. I further understand that some activities may be canceled at any time due to lack of sufficient participation. If Maui Diamond Sea Sports cancels a charter, I will be offered the opportunity to reschedule or will be given a complete refund.
I understand and acknowledge that I must provide 48 hours notice to Maui Diamond Sea Sports if I wish to cancel or reschedule my activity. I understand and agree that I will be financially responsible for any changes made to my resevation within 48 hours of the scheduled start tiime of my activity. NO REFUNDS WILL BE GIVEN FOR CANCELLATIONS or RESCHEDULES BY CUSTOMERS WITH LESS THAN 48 HOURS NOTICE
Today's Date: January 16, 2021
Non-Agency Disclosure and Acknowledgment Agreement
I understand and agree that PADI Members ("Members"), including Maui Dreams Dive Co. and Maui Diamond Sea Sports and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations ("PADI"). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members' business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of Maui Dreams Dive Co.and Maui Diamond Sea Sports and/or the instructors and divemasters associated with the activity.
Liability Release and Assumption of Risk Agreement
THIS IS A WAIVER OF YOUR RIGHTS TO SUE
I hereby affirm that I am a snorkeler, a freediver, a certified scuba diver, or a student diver under the control and supervision of a certified scuba instructor. I thoroughly understand the hazards of the activity(ies) in which I choose to participate whether snorkeling, freediving, and/or scuba diving, including those hazards occurring during boat travel to and from the dive site (all activities and boat travel hereinafter collectively referred to as “Excursion”).
I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries, decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board the boat, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip to snorkel, freedive, or participate in scuba dives, whether conducted as a certified diver or a student diver in a diving class.
I understand and agree that neither Maui Dreams Dive Co. nor Maui Diamond Sea Sports; nor the dive professional(s); nor the crew or owner of the vessel or the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I affirm I am in good mental and physical fitness to participate in the Excursion. I further state that I am not under the influence of alcohol or any drugs that are contradicted to participation in the Excursion. If I am taking medication, I affirm that I have seen a physician and have approval to participate in the Excursion while under the influence of the medication/drugs. I understand that participation in the Excursion is physically strenuous and that I will be exerting myself during this Excursion, and that if I am injured as a result of a heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
As a participant in the Excursion, I affirm I am aware that safe practices suggest participating with a buddy whether snorkeling, freediving or scuba diving unless trained as a self-reliant scuba diver. Accordingly, it is my responsibility to plan my dive allowing for my experience and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to the Excursion or if I choose to participate with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein. I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.
Today's Date: January 16, 2021
PRE-TRIP BRIEFING AND ACKNOWLEDGEMENT FORM
Molokini Shoal Marine Life Conservation District Use Permit*
Molokini Islet is the southern rim of an extinct volcanic crater. The shallow inner cove =is the crater's submerged floor which is covered by sand patches, coral and boulders. The coral reefs within the crater support abundant marine life which is among the most diverse and impressive in Hawaii. The waters in and around Molokini are designated. as a Marine Life Conservation District (MLCD), which makes it a strictly protected marine reserve. While enjoying your visit to Molokini, please help us to protect this precious area by following these rules and guidelines:
- The taking, injuring or disturbing of any living material (fishes, turtles, eggs, shells, corals, seaweed, etc.) or non-living habitat (sand, rocks, coral skeletons, etc.) is strictly prohibited. Sea turtles may not be approached or harassed at any time.
- Make sure you avoid contacting the bottom at all times and stay out of the shallow water immediately next to shore. Keep hands and feet well away from any rock or coral, and use a floatation device if you need help swimming or if it is required by your guides.
- Feeding fish or introducing any material into the water that could attract marine life is strictly prohibited. Fish feeding can change the type of fish in the reserve, stimulate aggressive behavior, and reduce normal grazing patterns that maintain, a healthy reef.
- Stay away from shore and do not attempt to climb onto the island. Molokini is seabird sanctuary and entry is strictly prohibited.
- Avoid excessive splashing' and creating load noises that can disturb both protected marine life and seabirds.
- It is illegal to pollute or introduce human waste into the MLCD waters.
- Listen to your guides, follow their instructions, and do not venture too far away from your tour vessel. Weather and current conditions at Molokini can change very quickly, and this can create dangerous situations if you get separated from your boat.
I certify that I have read and will comply with all of the rules and guidelines listed above.
(*Operators: Please have each passenger sign a copy of this form prior to each commercial trip to the Molokini Shoal MLCD, and retain signed all signed copies for no less than one year • following each trip.)