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GENERAL TRAVEL WAIVER, WHALEFALL NUEVA RELEASE & INDEMNIFICATION 

Whalefall is a non-profit ocean conservation organization. Whalefall teaches and leads students and members in ocean conservation focused scheduled events, travel, cruise(s), dive events, excursions both locally, regionally, and internationally, and/or other events as otherwise scheduled (collectively, “Whalefall Event(s)”). Individuals joining any such Whalefall Event do so at their own risk and hereby release and indemnify Whalefall as outlined in the Waiver.  

In consideration of Whalefall allowing me to participate in the Whalefall Event: I voluntarily waive, release and forever discharge Whalefall, Whalefall staff or instructors, Immerse Gear LLC, and/or dba GIVES Research Lab, Blue Endeavors (BE), their affiliates, members and representatives (each or any combination thereof that may be referred to as, or conversely so, "Whalefall") or the facility through which I received my instruction, Nueva School, International Training and Scuba Diving International, nor the officers, directors, shareholders, affiliated companies, employees, agents, or assigns of the above listed entities and/or individuals, nor the authors of any materials including texts and tables expressly used for training and certification (hereinafter referred to as "Whalefall or "Whalefall Operators") from any and all liability, including but not limited to liability arising from the negligence (including and third party gross negligence) or fault of the Whalefall Operators for personal injury or death, property loss or damage or any other claims of any kind which may occur to me during or in connection with the Whalefall Event and/or the use or misuse of any equipment, vessels or vehicles.

The parties agree that this waiver (the "Waiver"), and any other written agreements between you and Whalefall, shall be governed by the laws of Nevada and the courts of King County Washington shall have exclusive jurisdiction over any related matter.

I agree that this Waiver shall be binding upon my heirs, executors, administrators, successors, assigns and my estate, and shall endure for the benefit of Whalefall. Further, I agree that if a claim is made against Whalefall or any Whalefall Operator in respect of any cause of action relating to me, I hereby release and indemnify Whalefall and the Whalefall Operator(s) for their losses, damage and expenses arising from such claim.


The Parties further agree:

1. I understand that the purpose of signing this document is to exempt and release Whalefall and Whalefall Operators and to hold these entities harmless from any and all liability arising as a consequence of the following or any other act or omission on their part, including but not limited to active or passive negligence.


2. By way of my initials and signature on this contract I certify that I am qualified to participate in the Whalefall Event I am seeking to participate in, and that if I will be scuba diving, I am certified diver or a student diver and have been taught and understand that scuba diving is a hazardous sport. I also fully understand that scuba diving has inherent risks and dangers including, but not limited to, risks associated with equipment failure which could lead to my serious injury or death. By my signature on this document, I expressly assume these risks. I acknowledge that I am physically fit to scuba dive or snorkel and engage in this Whalefall Event. I further agree that I will not hold any of the above-named individuals, persons, or entities responsible should I become injured as a result of a medical condition while I am participating in this trip, scuba diving or snorkeling. At no time during this trip will I have in my possession any Illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving.


3. In consideration of the variable nature of Whalefall Events, I fully understand that prevailing weather conditions may cause certain modifications to any such event, including but not limited to a dive program. I also fully understand that the transportation of equipment made available by any resort/facility/pool or boat operators who are providing services to me, is not the responsibility of Whalefall or Whalefall Operators. I also fully understand and agree that Whalefall only acts on behalf of itself and itself alone in arranging this travel/trip tour. I understand Whalefall is in no way responsible for any acts, errors, or omissions including active or passive negligence by any provider of transportation, equipment, dive services, hotel, tour operator, dive master, scuba instructor, dive boat, dive boat captain and crew, or any other provider who is engaged to render any service whatsoever on this trip/tour.


4. My signature and initials on this document affirm that I am fully aware of the dangers, risks and hazards of holding my breath while diving and the dangers associated with a rapid ascent. I certify that I am fully aware of the possibility that my equipment may malfunction during a dive which could include a free-flowing regulator, document stuck inflator button or unwanted inflation of my buoyancy compensator. I certify that I have been trained and know how to overcome these eventualities should they occur to me. I agree not to hold any of the individuals or entities named within this responsible for any such act.


5. You may choose to engage in additional activities unrelated to the Whalefall Event but while on travel or on location to participate in the relevant Whalefall Event. You hereby acknowledge that you are fully responsible for any and all activities you participate in, and you expressly agree that Whalefall has no liability or responsibility whatsoever related to any of your activities, actions, inactions or otherwise, while you are not directly engaged with Whalefall Operators in the Whalefall Event, even when you are on travel originally to support participation in such a Whale Event. You release, waive claim, and indemnify Whalefall for all claims, including third-party claims that may be made against you.


6. IT IS MY EXPRESS INTENTION BY WAY OF THIS INSTRUMENT AND MY SIGNATURE BELOW TO WAIVE ALL OF MY RIGHTS TO SUE ANY INDIVIDUALS OR ENTITIES REFERRED TO WITHIN THE WAIVER, WHALEFALL & WHALEFALL OPERATORS, NUEVA SCHOOL, WHETHER SPECIFICALLY NAMED OR NOT. FURTHERMORE, IT IS MY EXPRESS INTENTION TO EXEMPT AND RELIEVE BE AND THE BE OPERATORS, AND TO EXPRESSLY AGREE TO INDEMNIFY AND HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURIES, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTIVE OR PASSIVE NEGLIGENCE RELATED IN ANY FASHION TO MY PARTICIPATION IN THIS TRIP. SPECIFICALLY, AND EXPRESSLY ASSUME ALL RISKS IN CONNECTION WITH THIS BE EVENT.


7. I understand that Whalefall and Whalefall Operators will not be held responsible, financially, or otherwise, for any travel related restrictions, requirements or limitations resulting from any change of circumstances not directed by Whalefall. I further understand that BE or a local or foreign state may require me to maintain certain personal insurance, travel medial or otherwise. You acknowledge its your responsibility to ensure you always have the appropriate insurance in place and in accordance with the laws and regulations in place at the time of the Whalefall Event or as may be otherwise applicable.


8. If any portion of this agreement is deemed unlawful or otherwise unenforceable, the remainder of the Wavier will be interpreted in accordance with the intent of the parties and such Waiver will endure to the benefit of Whalefall and Whalefall Operators.


I have read and understand the terms of limited release.

February 23, 2025



First Participant Name

First Name*

Middle Name

Last Name*

Phone*
First Participant Date of Birth*
First Participant SCUBA Certification and Agency

Highest Cert & Agency *

Date of Last Dive
First Participant Signature*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
DAN Insurance Policy Number and Exp. Date

DAN Insurance Policy Number

DAN Expiration Date
Parent or Guardian's Email Address

Email*

Confirm Email*
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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 SCUBA Certification and Agency

Highest Cert & Agency *

Date of Last Dive
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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