The Participant and Scuba Fifth Avenue Inc. (“Scuba Network”) hereby agree as follows:
1. Trip Reservation
Upon execution of this Contract and the attached Waiver of Liability and Indemnification, Participant shall make the Initial Deposit which reserves Participant’s spot for the Trip. The Initial Deposit is not refundable after 10 days. The Initial Deposit cannot be exchanged for a different trip, or in-store purchases.
2. Waiver of Liability and Indemnification
Execution of the attached Waiver of Liability and Indemnification is an express condition of Participant’s right to participate in the Trip. If Scuba Network has not received a properly executed Waiver of Liability and Indemnification at least 90 days prior to the Trip, Scuba Network may cancel the Trip for Participant and refund all monies paid, except for the Initial Deposit.
3. Payment of Package price
Participant agrees to pay the remainder of the Package Price as set forth in the payment schedule. Upon full payment of the Package Price by Participant, Scuba Network shall provide the services specified in the particular Trip as attached hereto, subject to the terms, conditions, and limitations contained in this Contract. If Participant fails to pay the full Package Price by the date that is at least 90 days prior to the start of the Trip, Scuba Network will cancel the Trip for Participant and refund all monies paid to Participant, except for the Initial Deposit.
4. Cancellation by Participant
Participant may cancel the Trip in writing to Scuba Network with at least 90 days’ notice prior to the start of the Trip. Upon timely cancellation, Scuba Network will refund all monies paid, except for the Initial Deposit. Participant acknowledges and agrees that scuba excursions are highly specialized trips that must be planned and prepared well in advance. As a result, cancellation less than 90 days before the trip date, regardless of the reason, results in the forfeiture all monies paid.
5. Cancellation by Scuba Network
Scuba Network reserves the right, but is not obligated, to cancel a Trip at any time for reasons related to political unrest, pandemics, terrorist threats, or adverse health conditions in the Trip location or travel warnings by the U.S. Department of State related to the Trip location, or because of inadequate enrollment that makes the Trip economically infeasible to operate. Upon such cancellation by Scuba Network, its liability shall be limited to a refund in full of only those monies it has received from or on behalf of the Participant. It is the responsibility of each Participant to become familiar with the penalties and restrictions of any airline ticket. In the event of a cancellation or date change by Scuba Network, Scuba Network is not liable for any penalties incurred from the cancellation or change of the air ticket.
6. Changes in Itinerary
Scuba Network will make commercially reasonable efforts to keep the Trip as it is described on the website; however, the final Itinerary may vary due to availability and factors beyond Scuba Network’s control. Scuba Network may in its sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the Trip description.
The Trip includes the lodging indicated in the attached Trip description. If Participant is prevented from returning to the U.S. due to quarantine restrictions or other circumstances beyond Suba Network’s control, Participant is responsible for any additional cost due to the prolonged stay in the Trip location.
8. Third Party Vendors
Scuba Network, its employees, officers and directors do not own or operate any entity which is to provide or does provide goods or services for the Trip, including, without limitation, lodging facilities, transportation companies, tour operators, food service or entertainment providers. Scuba Network is not liable for any negligent or willful act or failure to act of any such person, or of any other third party not under its control.
9. Force Majeure
Without limiting Section 8, Scuba Network does not have any responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond its exclusive control including but not limited to acts of God, acts of government, Pandemic, war, terrorist acts, riots, disaster, weather extremes or strikes. We have no special knowledge regarding the financial condition of any third-party vendors, unsafe conditions, health hazards, weather hazards or climate extremes at the Trip location. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions.
10. Travel Insurance
For coverage of cancellation penalties, Scuba Network highly recommends travel insurance. Many health insurance providers do not cover customers while traveling outside the U.S. Therefore, Scuba Network recommends travel insurance that includes travel accident and sickness coverage as well as emergency assistance.
11. Travel documents
Participant is solely responsible for complying with passport, visa and COVID-19 entry requirements. For travel abroad, a valid U.S. passport with an expiration date at least 6 months beyond return date for all US citizens is required. Participants of other nationalities shall inquire with their respective authorities and the U.S. State Department about their travel passport requirements.
12. Consent to Photography
Scuba Network may take photographs or videos during the operation of any Trip and use the resulting photography, videos, or recordings for promotional or commercial use. By participating in a Trip, you agree to allow your likeness to be used by Scuba Network without compensation to you. If you prefer that your likeness not be used, you must notify us in writing prior to departure of the Trip.
13. Consumption of Alcohol
Consumption of alcohol and SCUBA diving do not mix. Scuba Network reserves the right, at its sole discretion, to exclude any participant who is deemed to be inebriated, has been observed imbibing any amount of alcohol prior to a dive, or is showing adverse effects from inebriation the following day- commonly referred to as "a hangover," from diving activities for the day.
14. Governing Law
This Contract is governed by the laws of the State of New York. All disputes arising out of this Contract or the attached Waiver of Liability and Indemnification shall be exclusively brought in the State or Federal courts located in the State of New York, County of New York.
Acknowledged and agreed by Participant: