LIABILITY AND RELEASE WAIVER In consideration for permitting me to participate in freediving, snorkeling, scuba diving, boating, and related adventure activities (the “Activities”), I hereby acknowledge and agree as follows:
“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. - I certify that I am a certified scuba diver (if scuba diving).
- I understand that participating in the Activities while under the influence of alcohol or drugs is dangerous and I agree not to participate while under the influence.
- I understand that the Activities are physically demanding and I attest that I am physically capable of walking, swimming, and entering and exiting the water fully geared and unassisted.
- I understand that the Activities are inherently dangerous and involve risks of serious injury, permanent disability, death, and/or property damage.
- I understand that Activities involving marine wildlife, including sharks, involve additional risks, and I voluntarily choose to participate knowing these risks.
Nomad Diving, LLC reserves the right to remove me from any activity or vessel, without refund, at the discretion of the Released Parties.
I hereby voluntarily release, waive, forever discharge, and agree not to sue the Released Parties from any and all claims, demands, causes of action, liabilities, damages, or losses arising out of or related to my participation in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
I expressly assume full responsibility for any risk of bodily injury, death, or property damage, whether foreseen or unforeseen, arising out of or related to my participation in the Activities. I further 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. FUTURE ACTIVITIES RELEASE This Release applies to the current trip and to any and all future trips, expeditions, or activities I may participate in with Nomad Diving, LLC, without the need to execute a new waiver for each activity.
PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK In consideration of the services provided by Nomad Diving, LLC and the Released Parties, I hereby agree, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate, as follows: I acknowledge that “adventure activities,” including but not limited to diving, snorkeling, freediving, and traveling on boats, entail both known and unknown risks, which may result in physical or emotional injury, illness, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include, but are not limited to: falling, collision, capsizing or upset of vessels, striking objects or other persons, variable speed of travel due to conditions, head or bodily injuries, equipment failure, weather and sea conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, and unforeseen encounters or attacks by marine wildlife, including sharks. I further understand that guides, captains, and crew are not infallible. They may be unaware of a participant’s physical condition or abilities, may misjudge weather, sea conditions, or wildlife behavior, may give incomplete or inadequate instructions or warnings, and equipment may malfunction. ASSUMPTION OF RISK AND RELEASE OF LIABILITY I expressly and voluntarily agree to accept and assume all risks, whether known or unknown, foreseeable or unforeseeable, associated with my participation in these activities. My participation is purely voluntary, and I elect to participate despite the risks. I hereby voluntarily release, forever discharge, and agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising out of or related to my participation in the activities, including claims alleging negligent acts or omissions of the Released Parties, to the fullest extent permitted by law. Should any of the Released Parties incur attorneys’ fees or legal costs in connection with any claim arising from my participation, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance coverage, including medical and travel insurance, to cover any injury, loss, or damage I may cause or suffer. I further certify that I have no medical or physical condition, disclosed or undisclosed, that would interfere with my safe participation, or I knowingly assume and accept all risks and costs arising from such condition.
SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. ADDITIONAL COSTS Any additional expenses during our trip will not be covered by Nomad Diving, LLC.
RESERVATION AND CANCELLATION POLICIES:
- Balance is due 3 months prior to the trip.
- If you are unable to arrive on time to the hotel/boarding the boat or are subject to an early departure, there will be a full charge.
- DAN insurance or equivalent is mandatory
- Travel insurance with full coverage of expenses is mandatory. Each guest must purchase comprehensive accident, medical, baggage and trip cancellation/interruption insurance when space is reserved. We will not be responsible for any financial or other loss related to the activities. If a trip has to be cancelled or interrupted by Nomad Diving, LLC due to any reason beyond its control, including weather, public health events, or governmental actions (including COVID-19) there will be no refund.
- If a reservation is cancelled more than 90 days prior to the expedition departure, we will refund the total paid less the non-refundable deposit only if we manage to rebook the space and the expedition is full. Substitution of passengers is permitted.
- If reservation is cancelled 90 days or less prior to the expedition departure there will be NO reimbursement.
By signing this document:
- I acknowledge that I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
- 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.
- I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Nomad Diving, LLC, Irene Orozco, Cristobal Perez Gonzalez, and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf on the basis of any claim from which I have released them herein.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether oral or written.
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