I affirm that I am a passenger, snorkeler, free diver, certified scuba diver or a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving, snorkeling or free diving including those hazards occurring during boat travel to and from the dive site (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, 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 risks involved in making such a boat trip, snorkeling and scuba dive(s), whether conducted as a certified diver or a student diver in a diving class.
I understand and agree that neither ACE DIVING LLC, (hereinafter “The Dive Center”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor ACE SAILING CHARTERS LLC, (hereinafter “The Vessel Owner”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor E-ZEN-TIAL, (hereinafter called “The Vessel”); nor the owner(s), officers, employees; nor the dive professional(s); nor the crew; nor PADI America, Inc, nor its affiliates 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 the Excursion, or as a result of the negligence of any party, including the Related Parties, whether passive or active.
I affirm I am in good mental and physical fitness to snorkel or scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to snorkeling or diving. If I am taking medication, I affirm that I have seen a physician and have approval to snorkel or dive while under the influence of the medication/drug. I understand that snorkeling, skin and scuba diving are physically strenuous activities and that I will be exerting myself during the 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.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experiences 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 diving or if I choose to dive with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to sign the 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 the 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, the provision shall be severed from the Agreement. The remainder of the Agreement will then be construed as though the unenforceable provision had never been contained herein.
In consideration of being allowed to participate in the Shark dive(s), I hereby personally assume all risks in connection with said dive(s), for any harm, injury or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen. I understand that I am requesting to participate in a scuba dive that is intended to be done in the presence of wild and unpredictable sharks. I understand that the shark handler will intentionally attract these sharks to the immediate area of this dive and that I will be swimming unprotected. I will not attempt to touch, feed, or harass any sharks and understand that in doing so I may be asked to get out of the water. By my signature on this Assumption of Risk and Complete Release of Liability, I acknowledge that I am making this request to dive with these sharks with the full knowledge of the dangers involved with swimming with sharks. I have not been promised nor told anything to the contrary from what is stated in this Liability Release and Assumption of Risk Waiver Agreement.
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 stopped from claiming otherwise because of my representation to the Released Parties.
BY THIS INSTRUMENT, I AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPOSIBILITY FROM 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 ACKOWLEDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.
January 19, 2021