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 Be A Shark Adventure Travel

Waiver Agreement

Please read this document carefully. Be aware that by signing this agreement you are waiving substantial legal rights, including the right to sue.

 

 

Waiver of claims, express assumption of the risk, release of liability, and indemnity. For compulsory use by all guests, including passengers, swimmers, snorkelers, skin divers, scuba divers, and cage divers.

Please read this document carefully. Be aware that by signing this agreement you are waiving substantial legal rights, including the right to sue.

In consideration of permitting me to be a guest, passenger, swimmer, snorkeler, scuba diver, skin diver, or cage diver, and/or to participate in the Activities as defined below, and conducted by Be A Shark Adventure Travel LLC, Pacific Fleet LLC, and/ or their principals, directors, officers, employees, agents, affiliates, subsidiaries, parents, facilities, (hereinafter, the “Releasees”), for myself, my personal representatives, heirs, administrators, executors, successors, assigns, and next of kin, I indicate my acknowledgement of and agreement to each of the following stipulations individually with my initials, my agreement, and collectively with my signature.

POTENTIAL DANGER AND/OR INJURY

I acknowledge that being aboard a boat or vessel, engaging in activities such as swimming, snorkeling, skin diving, scuba diving, cage diving, and/or other water sports (hereinafter, “the Activities”), and/or using equipment related to the Activities, is inherently risky and potentially hazardous, and involves the risk of property damage, serious injury, and/or death.

I acknowledge that the Activities are physically strenuous and that I will be exerting myself. I am aware of the dangers of breath-holding while engaging in the Activities, and will not hold Releasees responsible for any such injuries.

I understand that even if I follow all appropriate and safe practices associated with the Activities, there is still a risk of my sustaining decompression sickness, embolism, hyperbaric injuries and/or other injuries, and I expressly assume the risk of any or all of said injuries.

I understand that on this open water diving trip and/or land tour, I will be at remote locations and there may be no immediate medical and/or hyperbaric care available to me. With this understanding, I expressly assume the risk of engaging in the Activities in such remote locations.


 

HEALTH AND MEDICAL OBLIGATIONS

I attest that I am physically and mentally fit to engage in the Activities, and am not under the influence of any drug, alcohol, or medications that are contradicative of engaging in the Activities.

I understand that the Company requires that all Guests and Passengers purchase – at the Guest's or Passenger's sole expense – Diving Accident Insurance, and agree to purchase the appropriate Diving Accident Insurance.


TRAVEL, TRANSPORTATION, AND CHANGES

I have read and understand Be A Shark LLC's payment policy, and am aware that deposits and payments are non-refundable, and failure to make payments by the due date may result in loss of my reservation.

I have read and understand Be A Shark LLC's cancellation policy.

I understand that the Company strongly recommends that all Guests and Passengers purchase — at the Guest’s or Passenger’s sole expense — Travel Insurance and/or Trip Cancellation Insurance.   

I understand that if the trip is cancelled and I chose not to purchase Travel Insurance/Trip Cancellation Insurance, I will not receive any sort of refund for my trip or associated costs.    

I understand that the Releasees reserve the right — in their sole and absolute discretion and without any liability or damages of any kind — to deviate from the vessel’s advertised Schedule or Itinerary, by providing substantially equivalent substitutions.

I understand that certain situations may arise that — at the Releasees’ sole and absolute discretion — make it necessary to cancel, change, advance, substitute, or postpone any scheduled departure, airport, port of entry, itinerary or islands, vessels, or modes of transportation. These situations may include weather, health and safety, business or charters, late cancellations, low occupancy, mechanical problems, maintenance issues, provisions or supplies, refueling, or requirements of governmental authorities. I absolve the Releasees from any responsibility or liability for any losses, damages or inconvenience incurred by me as a result of any of the foregoing.


COVID-19

I am aware of the danger posed by the COVID-19 virus. I understand that in response to the COVID-19 pandemic, Be A Shark LLC and the Pacific Fleet have implemented protocols for the protection of both guests and crew. I understand that while these safeguards greatly reduce the possibility of transmission, there remains a risk of contracting the disease. I attest that I will take personal responsibility for my safety.

I also understand that I am responsible to protect the health of my fellow guests and the crew. As such:
- I will follow all prudent guidelines to prevent contracting the infection during the two weeks prior to my trip.
- I will be tested for COVID-19 within one week prior to my trip.
- I agree to submit to all required protocols aboard the Solmar V or Socorro Vortex, including a daily logging of my body temperature and the sanitary care of the regulator second stage which will be assigned to me.
- I will follow all prudent guidelines to prevent transmitting the infection during the two weeks following my trip.


 

INDEMNIFICATION

I attest that I am of legal age in the jurisdiction of my residence and am competent to sign this Waiver Agreement — OR — that my Parent or Legal Guardian is signing on my behalf, or has given written consent to my signing this document, and that my Parent or Legal Guardian completely understands and concurs with this Waiver Agreement.

I affirm that am not relying upon any oral or written representations or statements made by the Releasees or others, except as what is set forth in this Waiver Agreement.

I understand that by signing this Waiver Agreement, I am giving up substantial rights, including the right to sue. I am aware of its legal consequences, and sign it freely and voluntarily, without any inducement, assurance, or guarantee being made to me. I intend my signature to be a complete and unconditional release of all liability, to the greatest extent allowed by law.

I expressly agree to indemnify, defend, save and hold harmless the Releasees from any loss, liability, damage or cost that they may incur, now and forever, arising out of, or related to, or as a result of, my participation in the Activities and/or any other related operations.


Date: February 23, 2025

First Guest's Name

First Name*

Middle Name

Last Name*

Phone*
First Guest's Date of Birth*
First Guest's Information

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
First Guest's Signature*
Second Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Third Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Fourth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Fifth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Sixth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Seventh Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Eighth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Ninth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Tenth Guest's Name

First Name*

Middle Name

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

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
Guest'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.
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Nickname or preferred name:

Special Dietary requests or requirements?
Are you a certified scuba diver?*
No
Yes

Name of Emergency Contact Not Traveling With You *

Phone Number for Emergency Contact *
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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