Diving Release & Waiver v3.0

Indepth Watersports Ltd. - Diving Release & Waiver (v3.0)

THIS IS A RELEASE OF YOUR RIGHTS TO ENGAGE IN ANY LEGAL ACTION INVOLVING INDEPTH WATERSPORTS, AND/OR ITS PARENT COMPANY OR ANY SISTER SUBSIDIARIES (hereafter referred to as IDWS) OR ANY OF ITS EMPLOYEES, AGENTS AND ASSIGNS FOR PERSONAL INJURIES OR WRONGFUL DEATH THAT MAY OCCUR DURING THE FORTHCOMING DIVE, SNORKEL, AND/OR WATERSPORTS ACTIVITY (INCLUDING BOAT TRANSPORTATION) AS RESULT OF THE INHERENT RISKS ASSOCIATED WITH SUCH ACTIVITY OR AS A RESULT OF NEGLIGENCE

1. I acknowledge that I am a certified diver trained in safe diving practice, or enrolled in a training program.

I Agree

2. I am aware of the risks inherent in this sport and accept these risks.

I Agree

3. I affirm that I am in good mental and physical fitness for diving, and I am not under the influence of alcohol, nor am I under the influence of drugs that are contra indicatory to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs.

I Agree

4. I am aware of the dangers of breath holding while scuba diving, and will not hold “IDWS” or any of its employees, instructors, certified assistants, boat operators or diver training agencies responsible if I am injured doing so.

I Agree

5. I am aware that I will be diving with a buddy, and it will be our responsibility to plan a dive allowing for our diving limitations and prevailing water conditions. I will not hold “IDWS” responsible for my failure to safely plan my dive.

I Agree

6. I will inspect all of my equipment prior to the activity and will notify “IDWS” or its employees if any of my equipment is not working. I will not hold “IDWS” or any of its employees, agents, or assigns responsible for my failure to inspect my equipment prior to diving.

I Agree

7. I acknowledge that I am physically fit to scuba dive/snorkel, and I will not hold “IDWS” or any of its employees, agents, or assigns responsible if I am injured as a result of heart, lung, ear, or circulatory problems or other illnesses that occur while diving and/or snorkeling.

I Agree

8. I understand that even though I follow all the appropriate dive practices, there is still some risk of me sustaining decompression sickness, embolism or other hyperbaric injuries, and I expressly assume the risk of said injuries.

I Agree

9. I also expressly assume the risk and accept the responsibility to plan my dive and dive my plan.

I Agree

10. I also understand that scuba diving/snorkeling is a physical strenuous activity and that I will be exerting myself during this diving excursion, and then if I am injured as result of a heart attack, panic, hyperventilation, etc., that I expressly assume the risk of said injuries and that I will not hold “IDWS” or any of its employees, agents, or assigns responsible for the same.

I Agree

11. I understand that on this open-water diving trip, I will be at a remote site and that there will not be immediate medical care or hyperbaric care available to me, and I expressly assume the risk of diving in such a remote spot.

I Agree

12. IT IS THE INTENTION BY THIS INSTRUMENT TO EXEMPT “IDWS” AND ITS OFFICERS AND EMPLOYEES, AGENTS,AND ASSIGNS AS DEFINED ABOVE FROM ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH CAUSED BY NEGLIGENCE.

I Agree

EQUIPMENT – I hereby accept the equipment in the condition as is, I acknowledge having examined the equipment and have satisfied myself that it is in good order and working condition. “IDWS” accepts no responsibility for any defect in the equipment and does not warrant that it is suitable for any particular purpose. I agree that the use of said equipment is at my own risk. I shall return the same in good order and working condition and shall be financially liable for any deviations therefrom.

RELEASE OF LIABILITY – I fully understand that scuba diving, snorkeling or other watersports activity (including boat transportation) is at my own risk and I hereby release “IDWS” and its officers and employees, agents or assigns, and save them harmless from all claims, loss, damage, injury and liability arising from any injury and/or illness sustained by me while engaged in diving, snorkeling or any watersports, caused or occasioned by reason of the perils or dangers of the sea or by reason of the act, omission, negligence, or default of any other diver, divers, snorkeler or snorkelers, person or persons engaged in watersports or as a consequence of illness or disease or disability which renders such person or persons unfit for diving, snorkeling, or any watersports.

This agreement shall be determined according to the laws of the Cayman Islands and shall be adjudicated in the courts of the Cayman Islands to the exclusion of all other courts.

I have read, fully understand and agreed to the printed conditions of this Release and Waiver and hereby waive for myself, my heirs, executors and administrators any claims and demands of whatsoever nature against “IDWS” or any of its employees, agents, or assigns, arising hereunder, and do hereto affix my signature.

Today's Date: November 14, 2024

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First Participant's Name

First Name*

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

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DAN / Dive insurance number

First Participant's Signature*

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Second Participant's Name

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Last Name*

Second Participant's Date of Birth*

Second Participant's Information

Certification Agency*

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Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

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Second Participant's Signature*

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Third Participant's Name

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Third Participant's Date of Birth*

Third Participant's Information

Certification Agency*

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Scuba Certification Number

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Do you have DAN / Dive Insurance*

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Third Participant's Signature*

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Fourth Participant's Name

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Fourth Participant's Date of Birth*

Fourth Participant's Information

Certification Agency*

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Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

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DAN / Dive insurance number

Fourth Participant's Signature*

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Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*

Fifth Participant's Information

Certification Agency*

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Scuba Certification Number

Highest Certification level*

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Fifth Participant's Signature*

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Sixth Participant's Name

First Name*

Last Name*

Sixth Participant's Date of Birth*

Sixth Participant's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

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DAN / Dive insurance number

Sixth Participant's Signature*

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Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*

Seventh Participant's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

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DAN / Dive insurance number

Seventh Participant's Signature*

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Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*

Eighth Participant's Information

Certification Agency*

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Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

None

DAN / Dive insurance number

Eighth Participant's Signature*

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Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Ninth Participant's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

None

DAN / Dive insurance number

Ninth Participant's Signature*

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Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

Tenth Participant's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

None

DAN / Dive insurance number

Tenth Participant's Signature*

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Participant's Address

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Emergency Contact

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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*

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Information

Certification Agency*

Please enter your highest SCUBA certification

Scuba Certification Number

Highest Certification level*

Do you have DAN / Dive Insurance*

Yes (list below)

None

DAN / Dive insurance number

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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.