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RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read carefully. Fill out all the requested information, initial each paragraph and sign this document.

I understand that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.


I understand that there is risk associated with dive travel, including, but not limited to the possible loss of life or injury from traveling by airplane, vehicle, foot and by boat. I understand that there is risk of property damage, injury or loss of life as a result a dive boat accident while the boat is at port, traveling, at anchor, and while diving from the boat and from the dive skiffs. I also understand that there are other hazards associated with dive travel, including but not limited to earthquakes, diseases and other medical problems, robbery, acts of terrorism, assault and battery, food poisoning, impure water, temperature related illnesses and other problems. I understand that professional medical assistance may not be immediately available. I fully accept these risks. I understand that it is my responsibility to purchase my own personal Dive Accident Insurance and optional Travel Insurance and that similar policies are not provided to me as part of the charter.


I am aware of the inherent hazards and risks associated with skin and scuba diving. I fully understand that these risks can lead to severe injury and even death. I am voluntarily participating in these diving activities and accept all the inherent and associated risks. I understand that diving operations may be conducted at a site that is remote from a recompression chamber and competent medical assistance. Nevertheless, I choose to proceed even in the absence of a recompression chamber and competent medical assistance. Despite the potential hazards and dangers associated with the activity of diving, I wish to proceed and I freely accept and expressly assume all risk, dangers and hazards that may arise from diving activities which could result in property damage, personal injury and loss of life to me. I agree that I will be fully responsible for all costs associated with an emergency evacuation and treatment in a medical facility and / or recompression chamber.


I understand that there are also risks and hazards associated in diving with sharks, marine mammals, alligators, crocodiles, poisonous snakes, eels, fish and other marine organisms. I fully accept these risks and hazards, knowing that I could be injured or even killed. I also realize and accept the risk of Post Traumatic Stress Disorder in the event of a stressful situation resulting from my diving activities or observing a stressful situation whether in the water, on the boat or on land.


I understand that I will be responsible for my own diving safety. I will not hold Richard H Salas nor ASK Photography Inc. responsible or liable for any problem that may occur while diving or resulting from diving. I understand that I may be making deeper dives, diving inside or around wrecks and caves, diving in kelp, diving in currents and also making “blue water dives” where the bottom is very deep and far from land. I also understand that I may also be voluntarily diving inside a shark cage wearing a heavy weight harness (approximately 30-50 pounds) while using surface supplied air, with limited and restricted emergency access to the surface. I accept the risks and hazards associated with these types of dives.


In consideration of being allowed to participate in these skin and scuba diving activities, I hereby agree to waive and release any and all claims based upon negligence, active or passive with the exception of intentional, wanton or willful misconduct, that I may have in the future against ASK Photography Inc., Richard H Salas and his family, estate and heirs. I hereby agree to waive and release the above named from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, or arising out of, directly or indirectly, including, but not limited to, the negligence of the released parties, whether active or passive. 


This document shall be binding upon me and my successors, heirs, executors, administrators, and assigns. I have read this agreement and fully understand the legal rights I am giving up by signing this document. I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, I AGREE TO BE BOUND BY IT.


The above Waiver & Release document covers a variety of dive charters and related travel. I realize that no one likes to be hassled with these risk management documents, but they are necessary in today's society where we participate in activities such as diving (and skiing, hiking, snowmobiling, bungee-jumping, motorcycling, para-sailing, etc.) that can be inherently dangerous. This document affirms your clear understanding that diving and other activities you may choose to engage in on our trip have the potential to be dangerous including the possibility of death or serious injury. And you are agreeing to waive your right (and that of any heirs) to sue me or the charter operation in the event that you suffer a mishap. 

If, for any reason, you do not feel that you fully understand the legal contract of release to which you are agreeing when you sign and execute the Waiver, then I strongly urge you to consult with your own attorney or legal advisor before signing it. You also may want to discuss this with any heirs as their rights to sue or make a claim are also being waived. 

The document also clarifies my role as being limited to that of trip organizer on behalf of our group solely for the purpose of handling negotiation of fees, collecting such money from participants, and making payment to the charter operation. I am not acting in the role of diving instructor, guide, or any capacity for direct or indirect supervision of your diving activities, vessel operations, or any shore trips, etc. So you are expected to be fully capable of making decisions independently when it comes to what dives and other activities you choose to do and how you conduct them. 

askphotography@mac.com
ASK Photography Inc,
P. O. Box 1118
Santa Barbara, California 93116

 

Payment and Cancellation Policy Dive & Trip Insurance

PAYMENTS

Please understand that chartering dive boats requires a substantial financial commitment on the part of the charter master.  When an entire charter is reserved, the charter master becomes financially responsible for paying for every space, whether it is used or unused.  When an individual makes a reservation, it is held for that person in good faith.  A reservation can only be confirmed with a deposit check. For all Charters, full payment is required 90 days prior to the departure date. Please make your payments promptly.

CANCELLATIONS

Deposits are non-refundable. Because all payments to ASK Photography Inc are non-refundable, we recommend that you have trip cancellation insurance for your own protection.
If you cancel you will be refunded when and if the spot is booked by a different diver.

Please realize that the closer it gets to the trip date, the more difficult it becomes finding a replacement.

LIABILITY FORM

Every diver will be provided with a liability form from ASK Photography Inc. prior to the trip.  It is the individual’s responsibility to read it and understand it.  It must be filled out completely and returned to Richard Salas/ASK Photography Inc. P O Box 1118, Goleta, CA  93116 or email

DIVE INSURANCE

Many charter companies require proof of dive insurance.  For all Dive Charters, Richard Salas/ASK Photography Inc. requires all divers to have dive insurance through DAN, Dive Assure or a similar insurance company.

TRIP INSURANCE

Trip insurance is optional and not provided as part of the charter fee.  When taking out a policy, please become familiar with what is covered and what isn’t covered.  Some policies will only cover an individual in case of a medical condition.

QUESTIONS

Contact Richard Salas 805 453-3360, askphotography@mac.com, richardsalas.com

 

TRIP CONTRACT

1. A non-refundable/non-transferable deposit is required to reserve your spot on this trip.  Each trip requires a different amount please  email me, askphotography@mac.com

2. Balance of the trip must be paid in full 120 days before departure date.

3. Any cancellation less than 120 days out will result in a 100% penalty-no refund.

4. If you cancel, we will do our best to find someone to fill your spot, but if we have any unfilled spots on the trip, we will fill those first before finding your replacement.

5.  Diving insurance is required (Dive Assure/DAN) and travel insurance is highly recommended.

6. We strongly recommend being Nitrox certified.

7.  Each diver must have a safe second, Dive Alert, whistle and safety sausage.  We highly recommend a Nautilus Lifeline.

I have read and agree to the above guidelines.

Today's date: April 28, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

I hereby affirm that I am a certified scuba diver from the nationally recognized scuba diving agency (Agency Name):

I hold training to the level of (Level of Training):

I am aware of the required certification level and / or experience necessary and recommended to enroll in this diving trip and I stipulate that I meet those requirements for prior certification or equivalent experience. 


I have been a certified diver since (Date Certified):

I have been diving for (Years Diving):

an approximate total Number of Dives:

dives to a maximum depth of (Maximum Depth) feet:

I further state that I am of lawful age and legally competent to sign this liability release. I am voluntarily signing this document of my own free will.


Trip Destination:

Dive Insurance policy name and number:
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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