1) This document is designed to set forth the terms and conditions under which I will be permitted to participate in the activity of scuba diving and/or snorkeling (and all other incidental conduct or events related thereto) – hereinafter “the Activity” -- with Liquid Cosmos Divers, LLC (hereafter called “Dive Operation”) and Moonshine (hereafter called “Vessel”).
2) I understand that one purpose of this document is to highlight important information for my safety. I understand that another purpose of this document is to exempt, release and hold harmless both the Dive Operation and Vessel -- including their owners, operators, employees, agents, contractors and volunteers, as well as other vessels used for the Activity (whether owned, operated, leased or chartered) – collectively referred to as the “Released Parties,” from any and all claims, causes of action or liability of any kind relating to or arising out of any acts or omissions on their part (including, but not limited to, active, passive or gross negligence, or willful misconduct) to the maximum extent permitted by law.
3) I have been taught and understand that scuba diving and snorkeling are hazardous activities with inherent risks associated therewith including, but not limited to, risks associated with equipment failure, weather, dangerous plants and animals, perils of the sea and acts of other divers, snorkelers or vessels, which could result in my serious injury or death.By agreeing to participate in the Activity, I expressly assume these risks. I am physically fit to participate safely in scuba diving and snorkeling, and have consulted with my personal physician about any health conditions that could potentially impact my fitness to participate and obtained his/her clearance to participate.
4) I do not have in my possession any illegal drugs or other contraband, nor am I taking, nor have I recently taken, any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medications with scuba diving or snorkeling.
5) Prior to leaving the dock I will inspect all of my equipment to be used while diving and/or snorkeling, and I will notify the Dive Operation of any equipment which I find does not fit or is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving.
6) When applicable: I am a certified diver and have the necessary knowledge and experience to safely conduct the dive activities which I am paying the Dive Operator to provide. I will be present and attentive to the safety briefings given by the dive masters and the boat captain (and any other members of the Dive Operation). I understand that I have an affirmative duty to plan and carry out my own dive or snorkel, and to be responsible for my own safety. I 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 further agree that I will start my ascent at the end of each dive with enough air to guarantee that I will return to the deck of the vessel with at least the minimum amount of air in my tank as required by the dive leader (or other members of the Dive Operation). I will keep the dive guide in sight at all times during my dives and snorkels.
7) I will immediately notify my dive leader or other members of the Dive Operation if:
- I feel unwell or otherwise uncomfortable with my diving or snorkeling abilities and/or;
- Diving or snorkeling conditions are worse than those for which I have been trained or with which I am comfortable.
8) I am fully aware and have been trained in the risks of holding my breath while diving using compressed air.
9) In the event that I become distressed at the surface, I will immediately drop my weights and inflate my buoyancy compensator (if applicable). I understand that if I want or need any assistance from the Dive Operation or Vessel, I will give the proper “diver in trouble” signal by waving my arms above my head.
10) I understand that the Activity may be conducted in a site remote by time and distance from a medical facility and a recompression chamber. Nevertheless I wish to proceed with this trip.
11) I acknowledge that an inherent risk of exposure to COVID-19, including any of its variants (hereafter “COVID-19”), exists in any place where people are present. By participating in the Activity, I voluntarily assume all risks related to exposure to COVID-19 and agree not to hold the Released Parties responsible for any illness or injury related to COVID-19.
12) By way of my signature on this document I agree to give up my right to sue the Released Parties, and agree to exempt and relieve the Released Parties, from any and all claims, causes of action or liability relating to or arising out of any act or omission on their part including, but not limited to, active, passive or gross negligence, or willful misconduct, to the maximum extent permitted by law. I further agree to indemnify and hold the Released Parties harmless from any and all claims, causes of action or liability for personal injury or property damage of any sort, or wrongful death – on behalf of myself, my descendants, my heirs and assigns — and I hereby assume any and all risks in connection with the Activity.
13) I agree to indemnify and hold the Released Parties harmless from any and all claims, causes of action or liability pursued by or on behalf of other individuals relating to or arising out of my participation in the Activity.
14) I have read fully and understand this document in its entirety. If I had any questions with respect to the contents of this document, I certify that I have had them answered and have fully informed myself before signing my name below. I agree to the terms and conditions herein and realize my agreement is given in exchange for the Released Parties allowing me to participate in the Activity. I understand that this is a contract.Dated: February 26, 2024