COVENANT NOT TO SUE, RELEASE AND INDEMNIFY
FOR DIVE IMMERSION PROGRAM
PLEASE READ AND COMPLETE THIS ENTIRE DOCUMENT
In consideration of the opportunity to participate in the “Journey with Gentle Giants, Swim” program (the “Program”), the receipt and sufficiency of such consideration being hereby acknowledged, I, the undersigned individual or parent/legal guardian of (the “Participant”), on my own behalf, on behalf of Participant, and on behalf of all heirs, representatives, executors, administrators and assigns, do hereby covenant not to sue, and release Georgia Aquarium, Inc., Georgia Aquarium’s Diving Control Board (“DCB”), their officers, directors, employees, agents, volunteers and representatives, successors and assigns (hereinafter collectively, “Georgia Aquarium”) from and against any and all losses, damages, liabilities, claims, demands, actions, and causes of action resulting from, arising out of or related in any way to the participation in the Program, including but not limited to any snorkeling, surface swimming, or other aquatic activities that may be undertaken. I affirm and acknowledge that I and/or Participant have voluntarily requested to participate in the Program, under the auspices of Georgia Aquarium, Inc.’s dive immersion program located in the City of Atlanta, County of Fulton, and State of Georgia, USA.
By signing this release and waiver, I agree on my own behalf and on behalf of Participant not to sue, and release any liability and waive any claims or causes of action that I and/or Participant have or may hereafter have, or that anyone acting for, by, or through me or Participant have or may hereafter have, as a result of any personal injury, illness, death or damages arising out of the Program, the engaging in or receiving instruction in swimming or other aquatic activities, and the use of equipment or facilities provided as part of the Program under the auspices of, or sponsored by, Georgia Aquarium. I further agree to hold harmless and indemnify Georgia Aquarium Inc., its officers and directors, and its employees, agents, representatives, volunteers, successors and assigns, from and against any claims, causes of action, losses, injuries or damages that result from participation by me or Participant in the Program.
I understand that there are SIGNIFICANT RISKS associated with snorkeling, surface swimming, and other aquatic activities and THOSE RISKS WILL OR MAY EXPOSE ME OR PARTICIPANT TO THE THREAT AND POSSIBILITY OF SERIOUS INJURY OR DEATH and those risks are hereby voluntarily assumed. I and/or Participant also understand the physical requirements for this Program, and I represent that I and/or Participant are physically fit to participate in the Program and have no pre-existing medical condition(s) that could adversely affect me or Participant by participating in the Program. I am voluntarily participating or permitting Participant to participate in these activities with knowledge of the dangers involved, and hereby agree to accept any and all risk of damage, illness, injury or death, and verify this statement by placing my initials here:
I understand that Georgia Aquarium will take reasonable precautions to prevent accidents, administer simple first aid for all minor injuries, and call emergency services whenever necessary, but that it is not responsible for assessing my physical fitness or that of Participant or for any pre-existing medical conditions.
I also understand that any photos and video taken during the dive are the property of Georgia Aquarium, that it reserves the right to use any photos and video for promotional purposes, and that photos and video may only be taken by Georgia Aquarium and it’s designees.
I am eighteen (18) years of age or older and (if applicable) Participant is twelve (12) years of age or older, am fully competent to enter into this waiver and release, know of no reason which would disqualify me from being able, or qualified, to grant this waiver and release, and it is being given by me freely and voluntarily for the purpose of obtaining the requisite permission to participate or engage in Dive Immersion Program aquatic activities conducted under the auspices of, or sponsored by, Georgia Aquarium Inc.
Coronavirus/COVID-19 Acknowledgement and Release
I acknowledge that under Georgia law, there is no liability for an injury or death of an individual entering Georgia Aquarium’s premises or participating in any of its affiliated interaction programs if such injury or death results from the inherent risks of contracting COVID-19. I accept that I am assuming this risk by entering the premises of Georgia Aquarium Inc. and participating in the “Journey with Gentle Giants” program.
I understand that the physical impact of Coronavirus/COVID-19 is not fully understood.
For the safety of Dive Immersion Program staff and other participants, I attest and affirm to the following:
- I am not experiencing any COVID-19 symptom of illness such as fever, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.
- I have not traveled internationally within the current CDC recommended number of days for international travel and if so, I have remained quarantined for the CDC recommended timeframe.
- I do not believe I have been exposed to, or that I have been in close or proximate contact with someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 in the past 14 days.
- I have not tested positive for COVID-19 in the past 14 days; I am not waiting on results of a COVID-19 test; and I have not been advised to remain in isolation or quarantine.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.