PARTICIPANT LIABILITY WAIVER AND RELEASE OF CLAIMSNomad Diving, LLC

ABOUT THIS AGREEMENT

Nomad Diving, LLC, a tour agency specializing in snorkeling, freediving, and scuba diving tours, presents these terms and conditions (the "Agreement") to define the expectations, obligations, and legal rights for customers who book trips through us. In this Agreement, "we," "us," "our," and "Nomad" refer to Nomad Diving, LLC, while "Participant," "you," "I," "myself," "me," "customer," and "client" refer to the individual signing this Agreement.

"Activities" means freediving, snorkeling, scuba diving, boating, and all related adventure activities organized or facilitated by Nomad Diving, LLC.

"Released Parties" means Nomad Diving, LLC, its owners, members, managers, officers, directors, employees, agents, contractors, guides, divemasters, captains, volunteers, collaborators, affiliates, successors, assigns, and representatives, including but not limited to Cristobal Perez Gonzalez and Irene Orozco (also known as Irene Orozco Heinze).

By booking with us, you agree to abide by the terms outlined in this Agreement, as well as any additional terms and conditions provided by our suppliers. The lead participant assumes responsibility for sharing this Agreement with all trip participants and ensuring timely payment. Each participant is required to thoroughly read and understand this Agreement. Nomad Diving, LLC is not responsible for any participant's lack of awareness of these terms due to the lead participant's failure to communicate this information. If you do not agree with these terms and conditions, please refrain from booking with us.

Nomad Diving, LLC may modify these terms and conditions periodically, with immediate effect upon such changes. I am responsible for familiarizing myself with the current terms and conditions and should periodically check for updates.

PARTICIPANT CERTIFICATIONS

By signing this Agreement, I certify and confirm the following:

• Scuba Certification: I am a certified scuba diver (applies only if participating in scuba diving activities).
• Physical Fitness: I am physically capable of walking, swimming, and entering and exiting the water while fully geared and without assistance.
• Medical Fitness: I have no medical or physical condition, disclosed or undisclosed, that would prevent my safe participation in the Activities or, if I do, I knowingly accept all associated risks and costs.
• Insurance: I hold adequate medical and travel insurance.
• Sobriety: I will not participate in any Activity while under the influence of alcohol or drugs.
• Trip Information: I have read and understood the trip brochure and "Know Before You Go" information sheet provided by Nomad Diving, LLC.

ASSUMPTION OF RISK

I understand that the Activities are inherently dangerous and involve serious risks, including but not limited to:

• Bodily injury, permanent disability, or death
• Property damage
• Falling, collision, or capsizing of vessels
• Strikes against objects or other persons
• Equipment failure or malfunction
• Adverse weather and sea conditions
• Temperature-related illness (hypothermia, sunstroke, heat exhaustion)
• Dehydration
• Encounters with marine wildlife, including sharks
• Incomplete or inaccurate assessment of conditions by guides, captains, or crew

I understand that these risks cannot be fully eliminated without fundamentally changing the nature of the Activities. My participation is entirely voluntary. I expressly and voluntarily assume all risks, known and unknown, foreseen and unforeseen, arising from my participation.

RELEASE OF LIABILITY & INDEMNIFICATION

In consideration for being permitted to participate in the Activities, I hereby voluntarily release, waive, forever discharge, and agree not to sue the Released Parties, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate, from any and all claims, demands, causes of action, liabilities, damages, or losses, including those arising from the negligence of the Released Parties, to the fullest extent permitted by applicable law.

I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, cost, or expense, including attorneys' fees, arising from my participation in the Activities.

Nomad Diving, LLC reserves the right to remove any participant from any Activity or vessel at any time, without refund, if it is determined in their sole discretion that the participant's continued involvement poses a safety risk or that the participant has violated the terms of this Agreement, including but not limited to participating while under the influence of alcohol or drugs, or failure to follow guide instructions.

FUTURE ACTIVITIES

This Agreement applies not only to my current trip but also to any and all future trips, expeditions, or activities I participate in with Nomad Diving, LLC. I will not need to sign a new waiver for each future activity. If I do not wish this Agreement to apply to future activities, I must notify Nomad Diving, LLC in writing before participating.

INSURANCE REQUIREMENTS

The following insurance coverage is mandatory for all participants and must be obtained at the time of reservation:

• Dive Insurance (Mandatory): DAN (Divers Alert Network) dive accident insurance, or equivalent dive-specific coverage.
• Travel Insurance (Mandatory): Comprehensive travel insurance that includes accident and medical coverage, baggage loss, and trip cancellation/interruption coverage.

Nomad Diving, LLC will not be responsible for any financial or other loss arising from the Activities. I accept sole responsibility for any costs not covered by my insurance.

RESERVATION & PAYMENT

To confirm a booking, you must sign this Agreement and submit a non-refundable deposit per person to Nomad Diving, LLC. A booking is only considered confirmed upon receipt of the deposit or full payment. Failure to provide full and timely payment may result in cancellation of the booking, and applicable cancellation charges will apply. Nomad Diving, LLC reserves the right to refuse any booking without providing reasons, and any deposit received will be returned in such cases.

Prices quoted on our website are in the indicated currency and may change without prior notice. Nomad Diving, LLC reserves the right to implement surcharges or price adjustments without prior notice due to currency exchange rate fluctuations, airfares, surcharges, room rates, boat fuel, or other charges applicable to the tour.

We accept major credit cards including Visa and Mastercard. By authorizing us to charge your card, you agree to waive any right to chargeback in the event of cancellation for any reason, including Force Majeure events as defined herein. A processing fee of 3.9% applies to all credit card payments.

Air travel is not included in the tour price. Cancellation charges for air travel are governed by the airline's own terms and conditions. Participants should refrain from purchasing air travel tickets until their reservation is confirmed by Nomad Diving, LLC. In the event of trip cancellation by either the participant or Nomad Diving, LLC, any air tickets purchased are entirely at the guest's expense.

The full trip balance is due 90 days prior to the departure date. A non-refundable deposit is required to reserve a space.

CANCELLATION POLICY

Cancellations by Participant:

• More than 90 days before departure: The deposit is non-refundable under all circumstances. A refund of any additional amounts paid beyond the deposit may be considered at the sole discretion of Nomad Diving, LLC if the space is successfully rebooked. Substitution of another passenger is permitted at any time.
• 90 days or fewer before departure: No refund will be issued under any circumstances.

If a participant is unable to arrive on time to the hotel or vessel, or departs early for any reason, the full trip cost will be charged with no refund.

FORCE MAJEURE

Nomad Diving, LLC cannot accept liability, provide any refund, or pay any compensation where the performance of our contractual obligations is prevented or affected, or where you suffer any loss, injury, death, inconvenience, or damage as a result of circumstances amounting to "force majeure." Force majeure means any event or circumstance that we or our suppliers could not foresee or avoid, including but not limited to: acts of God, war, insurrection, riots, strikes, civil action, government decisions, technical or maintenance problems with transport, air carrier schedule changes, terrorist activity, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, immigration or customs regulation, adverse weather conditions, fire, and all similar events outside our control.

In the event of Force Majeure, Nomad Diving, LLC will not be responsible for any costs or losses incurred, including but not limited to airfare, accommodation, or any services booked independently by the guest. We strongly recommend purchasing comprehensive travel insurance that covers Force Majeure cancellations and other contingencies.

TRIP LEADER / GROUP ORGANIZER RESPONSIBILITY

In the event that a participant is part of a group organized by a third-party trip leader, group organizer, travel agent, or independent contractor (hereinafter "Trip Leader"), the participant acknowledges and agrees that: (a) it is the sole responsibility of the Trip Leader to fully inform all group members of the nature, risks, requirements, and logistics of the trip prior to departure; (b) Nomad Diving, LLC is not responsible for any failure by the Trip Leader to adequately communicate trip details, risks, itinerary information, safety requirements, or the terms of this Agreement to any participant; (c) by signing this waiver, the participant confirms that they have had sufficient opportunity to review all trip information regardless of the source through which they booked; and (d) Nomad Diving, LLC shall bear no liability for any claim arising from a Trip Leader's failure to properly brief, inform, or prepare any participant. The Trip Leader assumes full responsibility for ensuring that every member of their group has read, understood, and signed this Agreement prior to participation.

ABOUT YOUR EXPEDITION

Lodging: Accommodation is provided at the property specified in your trip itinerary, which may include private houses, villas, or hotels depending on the expedition. All rooms are based on double occupancy and include a private bathroom. Room layouts and furnishings may vary between rooms and properties throughout your trip, and no two rooms are guaranteed to be identical in configuration, size, or décor. Special requests, including single-bed arrangements, specific floor preferences, adjoining rooms, or smoking accommodations, must be submitted at the time of reservation. We will make reasonable efforts to communicate such requests to the property; however, they cannot be guaranteed and remain at the sole discretion of the lodging provider. Any fees associated with special requests are the sole financial responsibility of the guest. Please be aware that property standards, room dimensions, furnishings, bathroom facilities, and available amenities outside the United States may differ significantly from domestic standards, including variations in bed sizing, climate control, and accessibility features. By booking with us, participants acknowledge awareness of these potential differences and accept them as part of the international travel experience.

Transfers: Airport transfers are not included in any itinerary. In some destinations, such as Baja California Sur, rideshare services like Uber may not be available directly at the airport — you may need to walk outside the terminal to request a ride, and most available vehicles are compact and may not accommodate large or multiple pieces of luggage. We recommend planning accordingly. If you wish to arrange a transfer through Nomad Diving, LLC, this service is available upon request at an additional cost. To request a transfer, you must contact us in advance and provide your flight details no less than 15 days prior to departure. Transfers are only confirmed once payment has been received. Once confirmed, punctuality is the sole responsibility of the participant. No refunds will be issued for missed or unused transfers under any circumstances. Any changes to your flight itinerary must be communicated to us immediately. Nomad Diving, LLC assumes no responsibility for missed transfers due to incomplete, outdated, or untimely flight information, and no refund will be provided in such cases.

Equipment: Equipment can be rented at an additional cost. Participants are encouraged to bring their own gear for all expeditions.

Days at Sea: Your itinerary details the number of days at sea. This number is weather permitting and may be adjusted at the sole discretion of Nomad Diving, LLC.

CHANGES TO ITINERARIES

Nomad Diving, LLC reserves the right to modify any published itinerary when deemed necessary due to circumstances beyond our control. In such cases, comparable substitute services will be arranged. Modifications that do not constitute significant changes include, but are not limited to: substitution of accommodation of an equal standard, adjustments due to holidays, facility closures, or weather, and minor changes for which a reasonable alternative is provided. Nomad Diving, LLC is not responsible for any delays experienced before, during, or after your expedition, nor for any additional costs or losses arising from such delays. It is solely the participant's responsibility to arrive on time. No refunds will be issued for expedition days missed due to travel delays of any kind. In the event that weather prevents vessel operations on any given day, no refunds or replacement days will be offered. All expeditions are nature-based and wildlife encounters, water visibility, and weather conditions cannot be guaranteed.

WHAT'S NOT INCLUDED

Any items or services not explicitly listed in your itinerary are not included in the expedition price. This includes but is not limited to: airfare; checked and/or excess baggage fees; passport and visa fees; travel protection and insurance of any kind; laundry; phone calls; minibar charges; meals included, if any, will be specified in your individual trip itinerary. Any meals, beverages, or dining expenses not explicitly listed in your itinerary are not included in the expedition price and are the sole responsibility of the participant; optional experiences; and all personal expenses. Additional taxes and surcharges collected by foreign governmental or non-governmental entities are also excluded. The expedition price does not cover costs associated with a participant departing early, whether voluntarily, at the direction of Nomad Diving, LLC due to disruptive behavior, due to illness, or as a result of any governmental action or other circumstance. This list is illustrative and does not represent every excluded item.

TRIP INCLUSIONS & LIMITATIONS

Inclusions are strictly limited to what is explicitly stated in writing in your booking confirmation and/or trip itinerary. Nothing beyond what is expressly stated in those documents is included, guaranteed, or implied.

Day Trips: The sole inclusions for day trip bookings are: vessel, captain, guide services. Any items, services, or provisions not explicitly listed above are excluded and are entirely the participant's financial responsibility. Nomad Diving, LLC reserves the right to modify, substitute, or withdraw any inclusion at any time due to availability, weather, or circumstances beyond our control. Such modifications shall not constitute grounds for any refund, compensation, or claim of any kind against Nomad Diving, LLC.

Multi-Day Expeditions: Inclusions for multi-day expeditions are exclusively those listed in the participant's individual written trip itinerary. Any item, service, or provision not explicitly listed in writing is not included. Nomad Diving, LLC is not responsible for any expectation of inclusion not confirmed in writing.

In all cases, verbal representations regarding inclusions are not binding on Nomad Diving, LLC. Only written confirmations shall be considered valid.

ADDITIONAL EXPENSES

Any additional expenses incurred during the trip, including but not limited to medical treatment, evacuation, emergency transport, or personal gear, will not be covered by Nomad Diving, LLC and are solely the participant's responsibility.

SINGLE SUPPLEMENT

Tour pricing is based on double occupancy. Solo travelers will be charged a single supplement fee to ensure a private room for the duration of the trip. If we are able to match you with a same-gender roommate, the single supplement will be refunded and you will be placed in a shared room. This policy helps us ensure a fair and comfortable accommodation arrangement for all guests.

YOUR CONDUCT & RESPONSIBILITY

Nomad Diving, LLC reserves the right to remove any participant whose behavior is deemed disrespectful toward marine life, the environment, local communities, staff, crew, or fellow participants, or who repeatedly fails to follow guide or management directions. Nomad Diving, LLC further reserves the right to relocate such guests to alternative accommodation at the participant's sole expense. No refund will be issued in such cases.

Tour leaders, guides, and skippers reserve the right to deny any participant entry to the water if, in their sole judgment, the participant's fitness, agility, or ability poses a risk to themselves or others. This decision is final and no refund will be issued.

Participants accept full responsibility for any damage or loss caused by their actions. Full payment for any such damage or loss must be made directly to the affected accommodation owner, manager, or supplier at the time of the incident. Participants agree to indemnify Nomad Diving, LLC for the full amount of any claim, including legal costs, brought against us as a result of their actions. Nomad Diving, LLC assumes no financial responsibility for costs related to the removal of a guest from an expedition.

All baggage and personal effects are the sole responsibility of the participant at all times. Participants are solely responsible for confirming their departure dates, times, and all associated arrangements. Should any participant fail to join the expedition or fail to utilize any booked accommodations or services for any reason, no refund will be issued and no liability will be accepted by Nomad Diving, LLC.

Nomad Diving, LLC is not responsible for any personal items that are lost, stolen, or misplaced at any point before, during, or after the expedition. Participants are strongly advised to leave valuables at home and to keep all personal belongings secure at all times.

GOVERNING LAW & SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, or understandings, whether oral or written.

ACKNOWLEDGMENT AND SIGNATURE

BY SIGNING BELOW, I CONFIRM THAT:

1. I have read this entire Agreement carefully and had sufficient opportunity to ask questions.
2. I acknowledge that I have received a trip brochure and "Know Before You Go" information sheet, I have read it and understand the full itinerary of the trip. 
3. I have received a trip brochure, know before you go and had opportunity to read and understand the 
4. I understand that I am giving up significant legal rights, including the right to sue the Released Parties.
5. I am signing this Agreement freely and voluntarily, without any pressure or inducement.
6. I am 18 years of age or older (or, if signing on behalf of a minor, I am that minor's parent or legal guardian and have authority to bind them).
7. This Agreement is binding upon me, my heirs, assigns, personal representatives, and estate.
8. If I am participating as part of a group, I acknowledge that my Trip Leader or Group Organizer may have arranged this trip on my behalf. I confirm that regardless of how I was informed about this trip, I have personally read and understood this entire Agreement, and I agree that Nomad Diving, LLC bears no responsibility for any information my Trip Leader did or did not communicate to me prior to my participation.
9. I acknowledge that Nomad Diving, LLC provides services across multiple vessels and both local and international expeditions, and that the terms of this Agreement apply to all activities and trips regardless of location, vessel, or how the booking was arranged.