Boat Passenger & Certified Diver Waiver/Photography/Video Assumption of Risk and Complete Release of Liability
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE TRIDENT ADVENTURES (TA) LLC, SCHUMAN AVIATION LLC, THEIR OWNERS, OPERATORS, EMPLOYEES, AGENTS, VOLUNTEERS, OFFICERS, PARTICIPANTS, ASSOCIATED PERSONNEL, AFFILIATES AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON THEIR BEHALF, HEREINAFTER REFERRED TO AS ("TA"), ALONG WITH THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), AND I AGREE TO RELEASE, INDEMNIFY, AND DISCHARGE "TA" ON BEHALF OF MYSELF, MY SPOUSE, LIFE-PARTNER, MY CHILDREN, MY PARENTS, MY HEIRS, MY ASSIGNEES, MY PERSONAL REPRESENTATIVE AND ESTATE AS FOLLOWS AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE. I UNDERSTAND THAT ANY REFERENCE OF “I/MY” WITHIN THIS DOCUMENT ALSO REFERENCES ANY MINOR CHILD/WARD I AM LEGAL GUARDIAN OF AND SIGNING FOR.
1. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH ALL AQUATIC AND BOATING ACTIVITIES. I ACKNOWLEDGE that my participation in any of the following activities: Snorkeling, Diving, PADI Certification, Skin Diving, Dive Training, Mermaid program and other water-sport activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, and to third parties. The INHERENT RISKS, include but are not limited to: equipment failure, perils of the sea, harm caused by marine creatures (including bites), slips and falls; collision with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; water craft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; accidental drowning; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hypothermia (heat related illnesses), heat exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Traveling to and from the pier raises the possibility of any manner of transportation accidents. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity in any capacity, which include acts of fellow participants, entering and exiting the water, embarking or disembarking boats, other activities on the docks and activities which may occur in common areas of the premises, enclosed waterways or navigable waterways, in the Marina and customer parking lots and I HEREBY ASSUME SUCH RISKS.
2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
3. I assert that I am physically fit and able to swim in order to participate in all aquatic activities and transit on a boat and I will not holdthe Released Parties responsible if I am injured as a result of ANY problems (MEDICAL, ACCIDENTAL, or OTHERWISE) which occur while participating in aquatic activities such as snorkeling, riding on the boat, or otherwise participating in the trip.
4. Furthermore, Trident Adventures staff members have difficult jobs to perform. They seek safety, but they are not infallible. Theymight be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
5. I expressly agree and promise to accept and assume all of the existing risks in this activity. My participation in this activity is purelyvoluntary, and I elect to participate despite the risks. I will not remove my flotation device at any time while in the water, unless directed by an instructor as part of a course of instruction. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk.
6. If I become distressed at the surface, I will immediately inflate my flotation device for flotation assistance.
7. I fully understand that boats utilized for aquatic activities have limited medical capabilities and that in the event of illness or injuryappropriate medical care must be summoned via radio, therefore treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
8. The participating dive store and/or boat have made no representation to me, implied or otherwise, that they or their crew can or willperform safe rescues or render first aid. In the event I show signs of distress or call for aid, I will not hold the Trident Adventures LLC, Released Parties, the crew, dive boat or passengers responsible for their actions in attempting the performed rescue or first aid.
9. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Trident Adventures LLC from any and allclaims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Trident Adventure's equipment or facilities, including any such claims which allege negligent acts or omissions on behalf of Trident Adventures LLC.
10. Should Trident Adventures LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce thisagreement, I agree to indemnify and hold them harmless for all such fees and costs.
11. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree tobear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
12. In the event that I file a lawsuit against Trident Adventures LLC, I agree to do so solely in the state of Hawaii, and I further agree thatthe substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
13. I am aware there could be up to 41 guests on the boat.Trident Adventurs nor any of it's affiliates makes any guarantees as to theamount of guests on each tour. I am also aware of Trident Adventures cancellation policy of 48 hours notice for a full refund, fifty percent refund for 24-47 hours notice, and NO REFUNDS for any reason with 23 hours of my tour.
14. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contracton behalf of myself, minor children/or child/ward I am guardian of, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
ACKNOWLEDGEMENT OF RISKS Vessel Passenger Liability Waiver for Participants and all Minor Child/Ward
I/MY” WITHIN THIS DOCUMENT ALSO REFERENCES ANY MINOR CHILD/WARD I AM LEGAL GUARDIAN OF AND SIGNING FOR. By signing your name below, you as a passenger aboard vessel "Trident 1" acknowledge: I am about to board a passenger vessel for a voyage and will encounter known and unknown risks, hazards, perils and dangers. I understand and acknowledge that as a passenger, there are known, unknown as well as unanticipated risks which could cause or result in injury, illness, disease, death, emotional distress and /or damages to myself, others and my property. The vessel owner does not want to frighten me or reduce my enthusiasm, but believes it is important for me to know in advance of the potential dangers and risk, including the inherent risks of any voyage, both known and unknown. I understand by being careful, paying attention and following instructions, I can minimize my chances of being injured or injuring others. For that reason, I hereby acknowledge and agree to the following:
1. I am aware the the lagoons,coves, pools and ocean have moving surfaces and the vessel moves on that surface, sometimes in waysthat are not predictable. I recognize that conditions in the water and aboard a vessel are different and possibly more dangerous than ashore. While boarding, disembarking, standing, sitting and/or walking about the vessel I will always keep one hand free and use all available handholds, grab holds, grab rails, tables, bulkheads, railings and benches, so that I will not lose my balance, fall down and possibly be injured.
2. I understand the vessel's deck has changes in elevation, some of which may not be marked. As I walk about the vessel. I will makesure to look where I step and pay attention so that I do not trip or fall. While climbing up or down ladders or stairs I will keep in mind I am on a moving vessel, that rocks, pitches and rolls with the ocean. For that reason, I will be very careful and proceed slowly so I do not lose my balance, fall, or trip. I will look where I place my feet on the stair or ladder treads. On steep ladders I will face the ladder as I go up or down. I will use all available handrails or handholds and pay attention.
3. That I am aware the decks of the vessel can become slippery due to wave action, fish, fish scales, fish slime, blood, etc., and I will becareful at all times while standing or walking so as not to slip and fall. Flip flops, slip on shoes, high heels and leather soles are not safe. I represent that I am wearing suitable shoes to safely walk about this vessel.
4. I will always make an effort to be aware of where all other passengers are so that I do not accidentally injure them and so they do notaccidentally hurt me. I acknowledge the vessel owner is not responsible for other passengers' actions.
5. I acknowledge that while fishing I could be injured by other passengers' poles, hooks, sinkers, tackle and gear and I will be careful sothat I do not injure other passengers while I am fishing.
6. I certify that I am physically capable of participation as a passenger aboard the vessel. If I have a physical limitation or have the needfor assistance of any kind, I will ask for assistance from a crew member.
7. I understand that the deck can be slippery. At no time is running, jumping, sliding or other rough activites allowed.
8. By signing below, I hereby acknowledge I have read and understand this ACKNOWLEDGEMENT OF RISK and I expressly agree andpromise to accept and assume on my behalf (or on behalf of all minor children who accompany me or those I am responsible for) all the risks inherent with being a passenger aboard vessel Trident 1 and any of the Trident Adventures programs including pool, lagoon and the Mermaid program activities. My participation as a passenger aboard Trident 1 or in Trident Adventure's program is purely voluntary and I elect to participate in spite of the known and unknown risks. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, minor children/or child/ward I am guardian of, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
FOR CERTIFIED DIVERS. I understand and agree that the diving agency, including Trident Adventures and/or any individual scuba diving Instructors and Divemasters associated with the program in which I am participating, are licensed to use various Scuba
Trademarks and to conduct Scuba Diving training, but are not agents, employees or franchisees of and scuba diving incorporation, or its parent, subsidiary and affiliated corporations. I further understand that business activities are independent, and are neither owned nor operated by any diving agency, and that while various diving agencies establish the standards for scuba diver training programs, it is not responsible for, nor does it have the right to control, the operation of the affiliate's business activities and the day-to-day conduct of scuba diving programs and supervision of divers by the agency or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold any scuba diving agency liable for the actions, inactions or negligence of and/or the instructors and divemasters associated with the activity.
I hereby affirm that I am a certified scuba diver trained in safe dive practices and know that skin diving and scuba diving (hereinafter “Diving”) have inherent risks which may result in serious injury or death.
I understand that scuba 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. If I am scuba diving with oxygen enriched air (“Enriched Air”) or other gas blends including oxygen, I also understand that it involves inherent risks of oxygen toxicity and/or improper mixtures of breathing gas. I further understand that the Diving activities will 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 these activities in spite of the absence of a recompression chamber in proximity to the dive site(s).
I understand and agree that neither nor the dive professional(s) who may be present at the dive site, nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors and assigns (hereinafter
“Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur during Diving activities as a result of my participation in Diving or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I affirm I am in good mental and physical fitness for Diving. I further state that I am not under the influence of alcohol or any drugs that are contraindicated to Diving. If I am taking mediation, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that Diving is a physically strenuous activity and that I will be exerting myself during this activity 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 responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experience and 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, and follow the instructions and dive briefing of the dive professional(s). I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
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 that I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
TRIDENT ADVENTURES LLC VIDEO/PHOTOGRAPH RELEASE
1. I hereby grant Trident Adventures LLC the irrevocable right and permission to use photographs and/or video recordings of me on theirwebsites, social media, and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me.
2. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand andagree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Trident Adventures LLC.
3. I hereby release, acquit and forever discharge Trident Adventures LLC, its current and former trustees, agents,contractors, officersand employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
4. I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, if I am less than eighteenyears old, that my parent or guardian has signed this release below. This release is binding on me and my heirs, assigns and personal representatives.
IT IS MY INTENTION VIA THIS LEGAL INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH ALL AQUATIC ACTIVITIES TO INCLUDE SNORKELING, DIVING AND BOATING, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
I have been given the opportunity to ask questions, consider its effects, understand its content, and give on behalf of myself and my child/ward, to the terms as stated above. I have read this agreement, am aware that it is a release of liability and a contract between myself and the Released Parties. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on tronic signature paper. You have the right to request that you sign a paper copy instread. 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 panalty 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.
Signatures on this form are good for one-year from date signed for future activities.
Today's Date: February 6, 2023