SCUBA - HOLD HARMLESS AGREEMENT
I UNDERSTAND AND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE SUNSPORTS CHARTER AND SCUBA LLC. DBA SUN SPORTS, HERE AFTER KNOWN AS DIVE STORE, AND M/V "ISLAND DANCER", HERE AFTER KNOWN AS VESSEL OR THE DOCUMENTED PROPERTY OWNERS OF 85954 OVERSEAS HWY, ISLAMORADA, FLORIDA 33036, ITS EMPLOYEES, AGENTS AND DIVE BOATS, WHETHER OWNED, OPERATED, LEASED OR CHARTERED AND TO HOLD THESE ENTITIES (THE RELEASED PARTIES) HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE.
RENTAL EQUIPMENT OR USE OF SUN SPORTS EQUIPMENT
Non-Agency Disclosure and Acknowledgment Agreement
I understand and agree that PADI Members (“Members”), including SUNSPORTS CHARTER AND SCUBA LLC. 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 SUNSPORTS CHARTER AND SCUBA LLC. and/ or the instructors and divemasters associated with the activity.
Liability Release and Assumption of Risk Agreement
I understand and agree that SUNSPORTS CHARTER AND SCUBA LLC., and its employees, owners, officers, contractor, assigns or agents (hereinafter referred to as “Released Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active. I hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor. I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly. I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of 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. I agree to reimburse the Dive Center/Resort for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired 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 if any provision of this Agreement is 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, and beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, THE RENTER OF THE EQUIPMENT AND THE UNDERSIGNED, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, 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 ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.
I am by my signature affirming that I am a certified scuba diver or a student scuba diver. I have been taught and understand that scuba diving is a hazardous activity with inherent risks and dangers associated therewith including, but not limited to risks associated with equipment failures, perils of the sea and acts of fellow divers which could result in my serious injury or death. By way of my signature I assume these risks. I assert that I am physically fit to participate in the sport of scuba diving and snorkeling and I agree by way of my signature that I will not hold any of the above named individuals, persons or entities responsible if I am injured as a result of any medical conditions while scuba diving and/or snorkeling. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications, which could cause an adverse reaction as a result of combining drugs and/or medications with scuba diving and/or snorkeling.
Prior to departing the dock, I will inspect all my equipment to be used and I will notify the dive store of any equipment, which to not be functioning properly. I will not hold the dive store and/or any of their employees, agents or vessels, responsible for the failure of my equipment prior or during the use of my equipment.
I will be present and attentive to the safety briefing given by the Divemaster and/or the boat Captain. I understand that I have an affirmative duty to plan and carry out my own dive and to be responsible for my own safety. By way of my signature I expressly agree that I will plan all my dives as no decompression dives with at least a three minute safety stop at 15 feet prior to ascending to the surface. I fully agree that I will start my ascent at the end of each dive with enough air to guarantee being on the vessel with a minimum of 500PSI of air in my tank as required by the dive leader. I will stay within 100 feet of the dive flag and will have the dive guide or my buddy in sight at all times. I will immediately abort and end my dive if:
1: I feel uncomfortable with my diving.
2: Diving conditions are worse than those in which I have been trained or for which I am comfortable.
I am fully aware and have been trained in dangers, risks and hazards of holding my breath while diving on compressed air. I fully agree not to hold the above named individuals, entities or vessels responsible for any such act by me. In the eventuality that I become distressed at the surface, I will IMMEDIATELY drop my weights and/or weight belt and INFLATE MY BUOYANCY COMPANSATOR. I understand that if I want or need any assistance from the vessel, the Divemaster or the Captain I will give the proper “Diver in trouble” signal. I understand that this activity may be conducted in remote sites and/or locations by time and distance from medical facilities and recompression chambers. Nevertheless I expressly wish to proceed with this trip.
I hereby acknowledge that injuries received my be compounded or increased by negligent rescue operations or procedures and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by above named individuals, entities or vessels and/or other divers, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as permitted by the laws of the state of Florida or the jurisdiction where the activity is conducted and that if any portion thereof is held invalid, it is agreed that the balance, notwithstanding continue in full legal force and effect.
BY WAY OF MY SIGNATURE ON THIS DOCUMENT IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT TO GIVE UP MY RIGHTS TO SUE ALL INDIVIDUALS, OR ENTITIES OR VESSELS REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT AND IT IS ALSO MY INTENTION TO EXPEMT AND RELIEVE THE VESSELS, ITS EMPLOYEES, AGENTS AND DIVE BOATS WHETHER OWNED, OPERATED, LEASED OR CHARTERED FROM LIABILITES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE. BY WAY OF MY SIGNATURE ON THIS DOCUMENT I FULLY AGREE TO INDEMNIFY AND HOLD THESE ENTITIES NAMED WITHIN THIS DOCUMENT HARMLESS FROM ANY AND ALL LIABILITY FROM PERSONAL INJURY OF ANY SORT, PROPERTY DAMAGE OR WRONGFUL DEATH TO MYSELF, HEIRS AND ASSIGNS, AND I ASSUME EXPRESSLY ALL RISKS IN CONNECTION WITH THE ACTIVITIES OF SNORKELING AND SCUBA DIVING.
BY WAY OF MY SIGNATURE GIVEN VOUNTARILY I EVIDENCE THAT I HAVE READ FULLY AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY. IF I HAVE ANY QUESTIONS WITH RESPECT TO THE CONTENTS OF THIS DOCUMENT I CERTIFY THAT I HAVE FULLY INFORMED MYSELF BEFORE SIGNING MY NAME BELOW. I UNDERSTAND THAT THIS WAIVER VALITITY IS FOR A PERIOD OF 10 DAYS FROM THE DATE OF THE FIRST DIVE SCHEDULED. I FULLY AGREE TO THE TERMS AND CONDITIONS HEREIN AND REALIZE THEY ARE GIVEN IN EXCHANGE FOR THE DIVE STORE AND/OR THE VESSELS ALLOWING ME TO PARTICIPATE IN THIS ACTIVITY. I UNDERSTAND THAT THIS IS A CONTRACT.
October 24, 2021