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FOR DIVERS/UNDERWATER CLEANUP VOLUNTEERS:

(above-water volunteers can skip to second half)

I HEREBY DECLARE THAT I AM A CERTIFIED SCUBA DIVER, TRAINED IN SAFE DIVING PRACTICES, AND AM AWARE THAT SKIN AND SCUBA DIVING HAVE INHERENT RISKS WHICH MAY RESULT IN SERIOUS INJURY OR DEATH.

I understand and agree that neither Scuba Mania, Inc., Surfrider Foundation, the City of Newport, Signature Scuba Diving, Inc. nor the organizers or promoters of this event; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations, nor any of their respective employees, officers, agents or assigns (hereinafter referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to me or my family, estate, heirs, or assigns that may occur as a result of my participation in this activity, or as a result of product liability or the negligence of any party, including the Released Parties, whether passive or active.

I understand that diving with compressed air involves certain inherent risks, including but not limited to, air expansion injuries, decompression sickness, embolism and drowning. Hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that this activity may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such activity in spite of the possible absence of a recompression chamber in proximity to the dive site.

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

I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this activity and that if I am injured as a result of heart attack, panic, hyperventilation, etc., that I assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I will inspect all of my equipment prior to the activity. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving.

I am aware that safe dive practices suggest diving with a buddy. Accordingly, it will be our responsibility to plan our dive allowing for our diving limitations and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, maintain buddy contact and follow the instructions of the dive supervisor, including the dive briefing.

In consideration of being allowed to participate in this activity, I hereby personally assume all risks in connection with the dive(s) for any harm, injury or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen.

I further release, exempt and hold harmless said activity and Released Parties from any claim or lawsuit by me, my family, estate, heirs, or assigns, arising out of my participation in this activity, including both claims arising during the activity or after I complete the activity.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE SCUBA MANIA, INC., SURFRIDER FOUNDATION, THE CITY OF NEWPORT BEACH, SIGNATURE SCUBA DIVING, INC. AND THE ORGANIZERS AND PROMOTERS OF THIS EVENT, AND PADI AMERICAS, INC. AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

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ABOVE-WATER VOLUNTEERS - READ AND AGREE TO THE BELOW:

Acknowledgment of Risk

There are risks, inherent or otherwise, in attending or participating in the Activity and being present at or using any associated facilities or sites (“Risks”). I have full knowledge and understanding of the Risks associated with the Activity, which may include, but are in no way limited to: personal injuries, illness (including exposure to and infection with viruses or bacteria), or possibly death or other serious harm to me or others. These Risks include potential exposure to and possible infection with COVID-19 (SARS-CoV-2). COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact, including through touching objects, surfaces, breathing, coughing and interacting with other individuals. I understand and acknowledge that COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Attending or participating in the Activity could increase the risk of contracting COVID-19. Surfrider in no way warrants that COVID-19 infection will not occur by attending or participating in the Activity. All participants should seek medical advice concerning safe participation in the Activity.

I have full knowledge of the nature and extent of the Risks in connection with attending or participating in the Activity and being present at or using any of the associated facilities or sites, and knowingly and voluntarily assume those Risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, illness, death or other harm, sustained in connection with or in any way related to my or my child’s attendance at or participation in the Activity. While these terms and conditions are intended to protect my health and safety and minimize the spread of COVID-19, I acknowledge and understand there are still risks involved and am not relying on any promises or representations by or on behalf of Surfrider about those risks or the safety of the Activity.

Representations and Acknowledgments

During the Activity, I willingly agree to abide by all of Surfrider’s rules, policies, instructions, terms and conditions for participation, and any legal requirements and guidelines relating to COVID-19, including, but not limited to, those relating to observing social distancing, using masks and face coverings, hand washing and other hygiene-related best practices. I agree that I, or my child, will not attend or participate in the Activity if exhibiting, or in close contact with anyone exhibiting, any symptoms of COVID-19 in the 14 days before the Activity. I further certify that I am in good health and have no conditions or impairments which would preclude my or other’s safe participation in the Activity.

Release, Indemnification & Covenant Not to Sue

In consideration of my or my child’s attendance at or participation in the Activity, I voluntarily agree and, on behalf of myself and my family members, my heirs, next of kin, representatives, executors, administrators, and assigns (collectively, the “Releasing Parties”), HEREBY DO RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE, Surfrider, its officers, directors, employees, volunteers, agents, representatives, insurers and affiliates (collectively, “Released Parties”) from any causes of action, claims, or demands, damages, losses, or liabilities (including, without limitation, any costs and attorneys’ fees) of any nature whatsoever including claims of ordinary negligence, (“Claims”), which the Releasing Parties may have now or in the future against Released Parties on account of personal injury (including illness from communicable diseases such as COVID-19), property damage, death or accidents of any kind, arising out of or in any way related to my or my child’s attendance at or participation in the Activity. I acknowledge and agree that this agreement is intended to be a general release of

and bar to all Claims arising out of or attributable to the Activity, including those unknown to me, or which I do not suspect to exist at this time. Releasing Parties have been made aware of, and understand, the provisions of California Civil Code Section 1542, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Releasing Parties hereby expressly, knowingly and intentionally waive, on behalf or myself and/or my child, any and all rights, benefits, and protections of California Civil Code Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

In consideration of my or my child’s attendance at or participation in the Activity, I agree, on behalf of myself and the Releasing Parties, to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all Claims, to the fullest extent of the law, arising out of or in any way related to my or my child’s presence at or participation in the Activity.

Photo Release/Media Permission: Additionally, by participating in this Activity and signing this waiver I consent to Surfrider’s creation and use of my name, image, likeness, voice, and the like, in any and all media, currently in existence or hereafter created, including but not limited to print, radio, video, broadcast, internet, and collateral materials, such as in-house and trade publications, magazines, and news releases, for any and all uses, including but not limited to advertising, publicity, and promotional purposes, worldwide in perpetuity, without further payment or consideration, and agree to release and hold harmless Surfrider in connection with said creation and use. If signing as a parent or guardian of a participant under the age of 18, by signing this waiver, I hereby consent to Surfrider’s creation and use of my minor child(ren)’s, for which I am the parent, legal guardian, or otherwise responsible for, name, image, likeness, voice, and the like, in any and all media, currently in existence or hereafter created, including but not limited to print, radio, video, broadcast, internet, and collateral materials, such as in-house and trade publications, magazines and news releases, for any all uses, including but not limited to advertising, publicity, and promotional purposes, worldwide in perpetuity, without further payment or consideration, and agree to release and hold harmless Surfrider in connection with said creation and use.

Enforceability

The law of the State of California governs the terms and enforceability of this agreement. If any term or provision in this agreement is held invalid, illegal or unenforceable, in whole or in part, such term or provision shall be excluded from the agreement and the remainder of the agreement shall remain in full force and effect.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING MY ASSUMPTION OF RISK AND GIVING UP CERTAIN LEGAL RIGHTS, AND CERTIFY THAT I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL.



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