By signing this Agreement, I agree to hold Palm Beach Scuba LLC, its owners, its employees, agents, whether named or not named, and dive vessel Palm Beach Scuba harmless from and against all claims or causes of action for any personal injury or illness, property damage, or loss of life which may occur during All Diving Activities and Boating Activities.
1. I understand the purpose of signing this document is to exempt and release Palm Beach Scuba LLC, its owners, its employees, agents, and dive boat vessel Palm Beach Scuba (whether owned, leased, or chartered) from any and all liabilities arising as a consequence of any act or omission on their part included, but not limited to: Active or Passive Negligence, Gross Negligence which may cause injury or death. 2. I am by my signature affirming that I am a Certified Scuba Diver or a student diver under the direct supervision of an instructor. I have been trained and understand that scuba diving, snorkeling, and skin diving are hazardous activities with inherent risks and dangers associated therewith including, but not limited to risks associated with equipment failures, perils of the sea and acts of fellow divers which could result in my serious injury or death. I understand that these risks can lead to severe injury and even loss of life. I understand that diving with compressed air involves certain inherent risks including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. By way of my signature, I EXPRESSLY ASSUME ALL RISKS. I will not hold Palm Beach Scuba LLC, its owners, its employees, agents, or dive vessel Palm Beach Scuba responsible for any illness or injury I incur while on the Property of Palm Beach Scuba LLC or dive vessel Palm Beach Scuba, while I am scuba diving, while I am snorkeling, or while I am skin diving with Palm Beach Scuba LLC. 3. I assert that I am physically fit to participate in the sport of scuba diving, snorkeling, and skin diving. I understand, acknowledge, and affirm that scuba diving, snorkeling and skin diving are physically strenuous activities. If I am injured as a result of any medical conditions, heart problems, heart attack, stroke, panic, hyperventilation, drowning, or any other cause of injury, I agree by way of my signature that I will not hold Palm Beach Scuba LLC, its owners, its employees, agents or dive vessel Palm Beach Scuba responsible or liable. 4. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications, I am not under the influence of alcohol nor am I hung-over. Any of which could cause an adverse reaction as a result of combining such drugs and/or medication, or alcohol with scuba diving, snorkeling, and skin diving. 5. Prior to leaving the dock, I will inspect all of my equipment to be used. I will notify the boat Captain immediately of any equipment I find not to be functioning properly. I will take the necessary actions to resolve any issues with equipment prior to diving. I will not dive if any equipment is not functioning properly. Prior to scuba diving, it is my responsibility to have properly maintained gear necessary to scuba dive including: mask, fins, snorkel, current BCD (no horse-collars, etc), regulator with alternate second stage, pressure gauge or computer to monitor air, timing device (watch or computer), safety surface marker buoy or lift bag. I will not hold Palm Beach Scuba LLC, its owners, its employees, agents or dive vessel Palm Beach Scuba responsible for my failure to inspect my equipment prior to diving. 6. I will be present and attentive during all safety briefings given by the boat captain and briefings presented by the dive guide. I understand and accept responsibility that I have an affirmative duty to plan and carry out my own dive and I am responsible for my own safety. By way of my signature I expressly agree that I will plan all my dives as no decompression dives and complete at least a three-minute safety stop at 15 feet before ascending to the surface. I fully agree to start a safe ascent at the end of each dive with enough air to guarantee a proper slow ascent, complete a three-minute safety stop, when reaching the surface properly inflating my BCD, and a minimum of 500 PSI (34 Bar) remaining in my tank when I am back on board the vessel. 7. I will immediately abort my dive if: (1) I feel uncomfortable with my diving abilities and/or; (2) Diving conditions are worse than those for which I have been trained or for which I am comfortable. 8. I am fully aware and have been trained in the dangers, risks and hazards of holding my breath while diving on compressed air and the dangers associated with rapid ascents. I fully agree not to hold Palm Beach Scuba LLC, its owners, its employees, agents or dive vessel Palm Beach Scuba for any such act by me. 9. In the event I become distressed at the surface, I will immediately drop my weights/weight belt and inflate my Buoyancy Control Device. I understand and will give the proper “diver in trouble” signal to receive assistance by the vessel, captain or crew. I fully understand that this activity may be conducted in a remote site by time and distance from a medical facility and hyperbaric chamber. I fully understand the boat has limited medical facilities and that in the event of my illness or injury, appropriate medical treatment will be delayed until I can be transported to a proper medical facility. I will not hold Palm Beach Scuba LLC, its owners, its employees, agents or dive vessel Palm Beach Scuba responsible for my illness or injury. Nevertheless, I explicitly wish to proceed with this charter. 10. By signing this document it is my intention to give up all my rights to sue any person or entities referred herein, whether specifically named or not named. It is also my intention to exempt and release Palm Beach Scuba LLC, it’s owners, employees, agents and vessel Palm Beach Scuba (whether owned, operated, leased or chartered) and I agree to hold these entities harmless from any and all liability for personal injury of any kind, damage to personal property and equipment, or wrongful death by myself, heirs and assigned, and I assume all risks in relation to boating, scuba diving, snorkeling and skin diving. By way of my signature, I have read its entirety and fully understand the contents in this document. I understand that this is a contract. I fully agree to the terms and conditions herein. Release of Liability, Waiver of Claims and Indemnity Agreement I understand that there are hazards and risks associated with All Diving Activities and Boating Activities, including, but not limited to personal injury, illness or loss of life as a result of such activities. Regardless of potential risks and hazards associated with All Diving Activities and Boating Activities, I am proceeding to participate by my own free will. By signing this contract, I herby declare that I am of legal age and competent to sign this Agreement, or if not of legal age, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Contractual Agreement. All minors must be accompanied by an adult at all times. I have signed this agreement by my own free will and agree to waive my legal rights, I am not relying on any oral representation, written representation or statements made by Palm Beach Scuba LLC, its owners, its employees, its agents, whether specifically named or not named, nor dive vessel Palm Beach Scuba. By executing this Agreement, I agree to hold Palm Beach Scuba LLC, its owners, its employees, agents, whether named or not named, and dive vessel Palm Beach Scuba harmless from and against all claims or causes of action for any personal injury or illness, property damage, or loss of life which may occur during All Diving Activities and Boating Activities. I HERBY ASSUME ALL RISKS AND HAZARDS, I ASSUME ALL LIABILITY AND AGREE TO ALL TERMS AND CONDITONS PROVIDED IN THIS AGREEMENT. I HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT I, MY ESTATE, HEIRS, EXECUTORS OR ASSIGNS MAY HAVE FOR PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF LIFE BASED UPON ANY NEGLIGENCE, ACTIVE OR PASSIVE, FORESEEN OR UNFORESEEN, WHICH ARISE FROM ALL DIVING ACTIVITIES AND BOATING ACTIVITIES. Equipment Rental Please return rental gear to the crew prior to departing the vessel. If any rental equipment is damaged or lost the guest is responsible for a full replacement. By signing this agreement, I confirm that I have received rental gear and agree to return rental gear at the end of the trip and will replace in full any damaged or lost equipment. I agree to fully inspect rental gear prior to diving and will notify the captain and crew of any issues or concerns related to equipment usage. I agree to use rental equipment at my own risk and assume full responsibility and risks associated. I agree to hold Palm Beach Scuba LLC, its owners, its employees, its agents and dive vessel Palm Beach Scuba harmless for any injury, illness, loss of life, my failure to use equipment in accordance with instruction, latent equipment defects, and my failure to inspect equipment. I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. If you do not understand anything contained in this agreement, please consult with the captain or a Palm Beach Scuba dive professional. A parental or guardian signature must be provided for all minors. April 26, 2024
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