READ CAREFULLY — THIS IS A LEGAL CONTRACT. By signing, you are giving up certain legal rights, including the right to sue for NEGLIGENCE 2. Definitions. 1. “Activities” means any and all scuba diving, skin diving, snorkeling, freediving, diving training/instruction, confined water/pool sessions, open water dives, boat diving, shore diving, night diving, drift diving, deep diving, wreck/cavern diving (if applicable), spearfish diving, other water/boating activities, guided dives, use of compressed air and/or Enriched Air Nitrox, equipment rental/use (including cylinders, regulators, BCDs, exposure suits, weights, computers, masks/fins/snorkels, DPVs, boats), travel to/from dive sites (including by vessel, vehicle, or on foot), boarding/disembarking vessels, and any related services, briefings, supervision, rescue, emergency response, or transportation. For purposes of this Release, I agree that the “Activities” span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Activity, as the case may be. 2. “Released Parties” means: Aqualife Divers of South Florida LLC, a Florida limited liability company d/b/a Aqualife Divers; its owners, officers, directors, managers, members, shareholders; employees; instructors, assistant instructors, divemasters, guides, and trip leaders (whether employees or independent contractors); agents, representatives, volunteers; affiliated entities and their personnel; landlords and landowners; dock owners/operators; charter operators; vessel owners/operators, captains, and crew; marina operators; training agencies and certifying organizations (to the extent involved); and any equipment manufacturers, distributors, and suppliers involved with equipment used or provided in connection with the Activities. 3. Description of the Activities. I understand I am choosing to participate in the Activities described above, which may involve open water environments, boats, remote locations, variable weather and sea conditions, and use of life-support equipment (including compressed gas). 4. Express Assumption of Risk, Inherent and Other Risks. I understand and expressly acknowledge that the Activities are inherently hazardous and may result in serious injury, permanent disability, paralysis, illness, death, and/or property damage. Risks include, without limitation: - Drowning; near-drowning; panic; exhaustion; hypothermia/hyperthermia.
- Pressure-related injuries including decompression sickness, arterial gas embolism, barotrauma (ear/sinus/lung), and other diving-related injuries that may require recompression chamber treatment.
- Risks related to breathing gas and physiology including oxygen toxicity, CO2 retention, nitrogen narcosis, out-of-air events, rapid ascents/descents.
- Marine life interactions including bites, stings, cuts, infection, allergic reactions, envenomation, and contact with coral or hazardous marine organisms.
- Environmental conditions including currents, surf, waves, tides, poor visibility, entanglement, overhead hazards, boat traffic, hazardous entries/exits.
- Boat and dock-related hazards, including propellers, lines, ladders, boarding/disembarking, collisions, wakes, and slips/trips/falls.
- Equipment risks, including improper fit, improper use, defects, malfunction, air contamination, regulator free-flow, BCD failure, computer/instrument error, tank valve issues, and other failures.
- Risks arising from delayed emergency response due to distance, weather, remote locations, limited communications, and limited availability of emergency medical services, oxygen, or recompression chambers.
- Risks related to rescue and emergency procedures, including negligent rescue attempts, handling, lifting, transport, and evacuation.
- Risks of travel to and from locations (by boat, vehicle, or on foot) and general premises risks.
- Risks arising from the actions or inactions of other participants, boat operators, third parties, or bystanders.
I understand these risks may be caused by my own actions, the actions of others, conditions, equipment, or NEGLIGENCE, including negligent instruction, supervision, equipment selection, maintenance, or emergency response. In consideration for my participation in the Activities I have agreed to execute this Agreement. I understand that there are significant elements of risk associated with participation in the Activities that may be sponsored by or otherwise involve the Released Parties. I understand that certain risks cannot be eliminated without destroying the unique character of the Activities, and the same elements that contribute to the unique character of the Activities can be causes of accidental injury, illness, or in extreme cases, permanent disability, trauma or death. I acknowledge that participating in the Activities sponsored by Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow Aqualife Divers of South Florida LLC d/b/a Aqualife Divers safety instructions or recommendations, such as those pertaining to Boat rules and regulations, or involving my choice of dive equipment to use or whether or not to use any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Boat, participating in Activities sponsored by or involving Released Parties. I VOLUNTARILY AND FREELY ASSUME ALL RISKS OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE. 5. Medical Fitness; Health Disclosures; Medication; No Contraindications. - Medical fitness. I represent and warrant that I am medically, physically, and mentally fit to participate in the Activities. I have no condition that would make participation unsafe, including (by example) heart or lung disease, asthma (unless cleared), seizure disorders, recent surgery, pregnancy, diabetes not controlled, severe anxiety/panic, or any other condition that could impair my ability to safely participate
- Disclosure. I agree to disclose accurately and completely any relevant medical history, medications, injuries, prior dive injuries, or restrictions, and to update the Released Parties if anything changes before or during the Activities
- Medical clearance. If requested, required by standards, or reasonably suggested due to my disclosed information, I agree to obtain written medical clearance from a licensed physician before participating.
- No reliance. I understand the Released Parties are not providing medical advice and are relying on my disclosures and representations.
6. Safety Rules; Duty to Follow Instructions; Standards. I agree to: - Follow all briefings, instructions, and safety rules given by instructors, divemasters, captains, and crew.
- Use equipment only as instructed and only if I am trained/qualified for that equipment and the planned dive profile.
- Stay within my training and experience limits, including depth, time, overhead environment limitations, and gas management rules.
- Maintain buddy contact and comply with required checks (pre-dive safety check, gas checks, etc.).
- Immediately notify staff of any discomfort, equalization issues, equipment problems, anxiety, or any desire to stop a dive.
- Understand that the Released Parties may refuse my participation or end my participation for safety reasons, and that I must comply promptly.
7. Alcohol, Drugs, and Impairment. I agree not to participate in any Activities while under the influence of alcohol, marijuana, controlled substances, or any medication that impairs judgment, coordination, or consciousness. I will disclose any medication that may affect diving safety. 8. Responsibility for Personal Property. I am responsible for my personal property and understand the Released Parties are not responsible for loss, theft, or damage to my personal property, including phones, cameras, jewelry, wallets, dive gear, or vehicles. 9. Insurance Disclaimer. I understand that the Released Parties may not carry, and are not required to carry, insurance that covers my injuries, death, evacuation, recompression chamber treatment, lost wages, or property damage. I am responsible for obtaining my own health, travel, and/or dive accident insurance if desired or required. 10. Release of Liability and Waiver of Claims Including Negligence. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO ANY PROPERTY DAMAGE, INJURY, ILLNESS, OR DEATH AND FROM AND AGAINST ANY AND ALL PAST, PRESENT, OR FUTURE INJURIES, LOSSES, DAMAGES, EXPENSES, PROPERTY DAMAGE, SOCIAL LOSSES, ECONOMIC LOSSES, ACTIONS, CLAIMS, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM: (1) THE USE OF THE BOAT; (2) THE PARTICIPATION IN ACTIVITIES SPONSORED BY OR INVOLVING THE BOAT, AQUALIFE DIVERS OF SOUTH FLORIDA LLC D/B/A AQUALIFE DIVERS OR ANY OF THE OTHER RELEASED PARTIES; (3) THE INTERACTION WITH ANY OF THE RELEASED PARTIES; AND/OR (4) THE PLACEMENT IN THE CARE, CUSTODY OR CONTROL OF ANY OF THE RELEASED PARTIES THAT I MAY SUSTAIN IN CONNECTION WITH THE ACTIVITIES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF OR THE BREACH OF ANY DUTTIES WHICH MAY BE OWED BY, ANY OF THE RELEASED PARTIES. This release applies to, without limitation, claims based on negligent instruction, negligent training, negligent supervision, negligent rescue, negligent first aid, negligent equipment selection/maintenance, negligent trip planning, negligent premises/vessel operations, and/or negligent warnings. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties. 11. Covenant Not to Sue. I AGREE NOT TO SUE OR OTHERWISE ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY FOR ANY MATTER RELEASED IN THIS AGREEMENT. If I violate this covenant, I agree to be responsible for the Released Parties’ costs and expenses, including reasonable attorneys’ fees, incurred in defending such claim, to the fullest extent permitted by law. Notwithstanding the foregoing, I specifically waive the right to a trial by jury in any action brought by or against Aqualife Divers of South Florida, LLC d/b/a Aqualife Divers or any of the other Released Parties. 12. Indemnification and Hold Harmless. I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, liabilities, losses, fines, penalties, judgments, and expenses, including reasonable attorneys’ fees, arising out of or related to: - My participation in the Activities, including my acts or omissions;
- My breach of this Agreement;
- Any claim brought by or on behalf of me, my family, heirs, beneficiaries, or anyone acting through me; and
- Any claim brought by third parties arising from my conduct, including damage to property or injury to others.
I understand that this section means that I will have to reimburse Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees or expenses sustained by Released Parties as a result of my using the Boat, participation in the Activities sponsored by or involving Aqualife Divers of South Florida, LLC d/b/a Aqualife Divers or any Released Parties. 13. Emergency Medical Authorization; Transport; Costs. - Authorization. If I am injured or become ill, I authorize the Released Parties to arrange or provide first aid, oxygen, emergency medical care, and/or transportation/evacuation (including by boat, ambulance, helicopter, or other means), as they deem appropriate in their discretion.
- No duty / no guarantee. I understand the Released Parties do not have a duty to provide medical care and cannot guarantee the adequacy or timeliness of any emergency response.
- Costs. I agree I am solely responsible for all costs of medical care, evacuation, transportation, recompression chamber treatment, and related expenses, and I authorize release of information to my insurer as needed.
- Medical information release. I authorize medical providers to share information with the Released Parties as necessary to coordinate care and logistics.
14. Venue; Governing Law. - Governing law. This Agreement is governed by the laws of the State of Florida, without regard to conflicts of laws rules.
- Venue and jurisdiction. I consent to personal jurisdiction and venue in Broward County Florida.
15. Severability; Interpretation; Entire Agreement. - Severability. If any provision of this Agreement is found invalid or unenforceable, it will be severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- Interpretation. This Agreement will be interpreted broadly to provide a release and waiver to the maximum extent permitted by law.
- Entire agreement. This Agreement is the entire agreement regarding liability waiver and assumption of risk for the Activities and supersedes all prior or contemporaneous understandings on that subject.
16. Acknowledgment of Understanding and Voluntary Execution. I acknowledge that: - I have read this Agreement carefully and understand its contents.
- I understand I am giving up legal rights, including the right to sue for NEGLIGENCE.
- I understand scuba diving and related Activities involve inherent risks of serious injury or death.
- I am signing this Agreement voluntarily, without any coercion, and I intend to be legally bound.
17. Electronic Signature; Counterparts; Copy. I agree that: - This Agreement may be signed electronically and will be enforceable to the same extent as an original signature.
- A scanned, photocopied, or electronically stored copy of this Agreement will be treated as an original for all purposes.
18. Photo/Video Release. I acknowledge and agree that Aqualife Divers of South Florida LLC d/b/a Aqualife Divers reserves the right to use any photograph taken at the Boat, or in connection with any of the Activities involving any Released Parties and I grant the Released Parties permission to photograph, record, and use my likeness, image, voice, and/or video in any media for lawful business purposes, including marketing materials, brochures and website without compensation. 19. Data Privacy Consent. I consent to the Released Parties collecting, using, and storing my personal information, including emergency contact and medical disclosures, for purposes of administering the Activities, training records, equipment rental, safety management, incident response, and legal compliance. I understand the Released Parties may disclose information as required by law, to medical providers in an emergency, to certifying/training agencies for training documentation, and to insurers or legal counsel as needed. 20. Signature — Adult Participant (18+). February 24, 2026 |