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Texas Caribbean Charters, LLC

Boat Travel and Scuba Diving Voluntary complete release, waiver, and assumption of risk agreement

I, the below signed scuba diver (the "Diver") agree that I am a certified scuba diver or a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand and agree that scuba diving, the transportation to and from scuba diving sites, and boating activities generally are inherently dangerous activities. I agree that I will conform my scuba diving activities in accordance with limits of my certifying agency based on my certification level. I understand, acknowledge, and assume all hazards of scuba diving including those hazards occurring during travel to and from the dive sites and being on the boat generally on the contemplated dive trip (the "Dive Trip"). I understand that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, slipping or falling while on board or while entering or exiting the boat, being cut or struck by a boat while in or out of the water, injuries occurring while getting on or off the boat, and other perils of the sea. By signing this release, I certify that I am fully aware of and that I expressly, knowingly, and willingly assume these and all other risks of injury or other damage associated with or involved in making any and all dives and transport associated therewith, whether conducted as a recreational dive or part of a diving class, and from my use of all equipment, machinery, air or other gas, or food, all or some of which may be provided in connection with such activities. I also understand that scuba diving and related activities are physically strenuous activities and that I will be exerting myself during this Dive Trip and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties, as defined below, responsible for the same. I fully understand and I am aware that the vessel has limited medical facilities and that in the event of illness or injury, appropriate medical help must be summoned by radio or other device and that treatment will be delayed until I can be transported to a proper medical care facility.

I agree . . . 


I agree that Texas Caribbean Charters, LLC, its affiliate or subsidiary companies, the crew or owner of the vessel M-V Fling, the vessel, and any and all of the owners, officers, employees, agents, or assigns of the above listed individuals and / or entities (the "Released Parties") will not be held liable or responsible in any way for any occurrence on this Dive Trip, including but not limited to the hazards described above and my use of all equipment, machinery, air or other gas, and food, all or some of which may be provided in connection with such activities, which may result in personal injury, property damage, wrongful death, or other damage to me or my family, heirs, or personal representatives, REGARDLESS OF WHETHER SUCH DAMAGE OR INJURY OCCURS AS A RESULT OF THE NEGLIGENCE OF ANY PARTY, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I agree . . . 


Accordingly, in consideration of the agreement of Texas Caribbean Charters, LLC to permit me to participate in the scuba diving and transportation activities offered and as an express precondition to such participation, I, on behalf of myself, my heirs, and / or personal representatives and their successors and assigns DO HEREBY WAIVE, EXEMPT, RELEASE, AND HOLD HARMLESS ALL THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITY, AND RESPONSIBILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, IN CONNECTION WITH ALL SCUBA DIVING, TRANSPORTATION, AND BOATING ACTIVITIES AND ANY AND ALL ACTIVITIES DIRECTLY OR INDIRECTLY RELATED THERETO. I HEREBY ASSUME ALL RISK IN CONNECTION WITH ALL SCUBA DIVING, TRANSPORTATION, AND BOATING ACTIVITIES AND ANY ACTIVITIES DIRECTLY OR INDIRECTLY RELATED THERETO.

I agree . . . 


SO THAT IT IS PERFECTLY CLEAR TO ANY COURT, ATTORNEY, OR OTHER INDIVIDUAL OR ENTITY REVIEWING THIS DOCUMENT, I SPECIFICALLY AGREE AND INTEND THAT THIS AGREEMENT AND RELEASE WILL FULLY RELEASE THE RELEASED PARTIES FOR ANYTHING WHICH MAY TRANSPIRE AT ANY TIME DURING EACH AND EVERY DIVE TRIP I TAKE WITH TEXAS CARIBBEAN CHARTERS, LLC, FROM INCEPTION OF EACH DIVE TRIP UNTIL IT IS OVER AND I HAVE DISEMBARKED FOR THE LAST TIME FROM SUCH DIVE TRIP. I INTEND FOR THIS AGREEMENT AND RELEASE TO REMAIN IN EFFECT IN PERPETUITY UNTIL REVOKED IN WRITING BY ME.

I agree . . . 


I AGREE THAT I HAVE READ THE FOREGOING PARAGRAPHS, THAT I FULLY UNDERSTAND AND KNOWINGLY ASSUME THE DANGERS OF ENGAGING IN EACH BOAT TRIP AND SCUBA DIVE(S), AND THAT I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT. I UNDERSTAND AND AGREE, AND I SPECIFICALLY INTEND, THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME OR ANYONE ACTING ON MY BEHALF FROM RECOVERING MONETARY DAMAGES FROM THE RELEASED PARTIES, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, WHETHER BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I agree . . . 


I AGREE THAT THE PROVISIONS OF THIS AGREEMENT THAT ARE SET OUT IN BOLD TYPE ARE CONSPICUOUS, UNDER THE LAWS OF THE STATE OF TEXAS, AND COMPLY WITH THE EXPRESS NEGLIGENCE RULE.

I agree . . . 


I agree for myself and my heirs and / or personal representatives that should I or any party acting on my behalf assert any claim in contravention to this agreement, I or such party shall be liable for all expenses, including legal fees and the fees of expert witnesses, incurred by the party or parties in defending, unless such party or parties are adjudged finally liable on such claim for willful and wanton negligence.

I agree . . . 


I agree that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act. Further, I agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision or provisions had never been contained herein. I understand and agree that no oral or written representations can or will alter the contents of this document. This document shall be interpreted under the laws of the State of Texas.

I agree . . . 


I agree that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian.

I agree . . . 


Diving Rules: Below is a list of the diving rules for the diving season. Please read and initial after each statement, acknowledging that you have read and understand the diving rules and agree to be bound by them. There will be no refund, full or partial, for loss of dives due to a diving rule violation. DEPTH LIMITS: 130 feet / 40 meters is the absolute maximum depth allowed on any dive. Each diver is required to dive within the diver's training and certification guidelines as specified by the diver's certifying agency. If a diver's certifying agency requires a more shallow maximum depth for the certification held, the diver may not descend below that depth. Violating the maximum depth limit, regardless of the magnitude, is a serious offense. When and if an offending diver is allowed to participate in further diving is at the sole discretion of the captain of the vessel.

I agree . . . 


Computer / Dive Table Violations: Any diver found in decompression violation of either the computer or dive tables will need to follow the the omitted decompression steps of their computer or tables. This usually involves a 12 or 24 hour extended surface interval. The only exception is in the case of a diver wearing 2 computers, and the more conservative one is in DECO, or the obvious failure of a computer, in which case the diver must switch to tables for the following 24 hours. Failure to turn on a computer prior to entering the water is not considered failure of the computer. In this case, divers will be required to switch to dive tables for the following 24 hours.

I agree . . . 


Out of Air: Running out of air is a failure completely within the control of the diver. Barring equipment failure, any diver in an out of air situation in their primary cylinder will be required to sit out the next dive. Then the diver's return is at the sole discretion of the captain of the vessel. Out of air is defined as the diver's being unable to take an effective breath on the regulator while standing on the dive platform.

I agree . . . 


Buddy Diving: Every diver must dive with a buddy, maintaining contact throughout the dive. They must enter the water together and return to the boat together with similar profiles. Buddy separation is not cause for sitting the divers out, but for a review of the proper attention to safe diving practices. Solo diving is allowed for properly equipped and certified solo divers.

I agree . . . 


Wreck Divers: No person shall dive in an overhead environment area of any wreck, unless that person holds a Wreck Diver Certification issued by a recognized training agency. An overhead environment is defined as any location where a diver does not have direct (vertical) access to the surface.

I agree . . . 


Trip Cut Short Policy - Mechanical or Crew Causes: Partial refunds for any trip cut short due to mechanical problems or crew issues will be determined by Texas Caribbean Charters, LLC and the dive shop(s) (if any) involved on a case by case basis, based on the number of dives offered.

I agree . . . 



Trip Cut Short Policy - Other Causes: No refunds will be issued for any trip cut short for reasons such as a medical emergency with a diver, bad weather forming in the Gulf, etc. These circumstances are beyond our control. Trip insurance is highly recommended for any or all dive trips.

I agree . . . 


Cancellation Policy: I agree that if weather conditions are unfavorable that Texas Caribbean Charters, LLC may cancel the trip for safety reasons. In the event of such cancellation, Texas Caribbean Charters, LLC will refund the cost of the trip, but other costs (hotel, ground transportation, airfare, and all other travel expenses) are my own responsibility. I understand that Texas Caribbean Charters, LLC has advised me that I should purchase trip / travel insurance to cover the other expenses in case of any trip interruption. I also acknowledge that I have been offered to purchase trip / travel insurance as part of my booking and that I alone decided whether to buy insurance for trip cancellation.

I agree . . . 




First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Second Participant's Signature*
Third Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Third Participant's Signature*
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Signature*
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Signature*
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Signature*
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Signature*
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Signature*
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Signature*
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Signature*
Parent or Guardian's Email Address
Email*
Confirm Email*
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All participants on scuba excursions must have a valid certification from a recognized agency. If you're diving nitrox, you must also have a valid Nitrox Certification. Divers who want to dive without a buddy must arrive with proper equipment and a SOLO diver certification. Please upload a photo of your c-card, nitrox card, and SOLO card (take one photo of them all together)..
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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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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