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ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT


© 2025 Delise & Hall. All rights reserved.

ScubaTech Destin, LLC and their affiliates and/or subsidiaries (“ScubaTech”) host various adventure and aquatic activities including: swimming, scuba diving, snorkeling, breath-hold freediving, technical diving, dive instruction, vessel operations and transportation, photography, and other aquatic and land-based adventures (referred to as the “ACTIVITIES”). These Activities are inherently dangerous and may result in property loss, physical and/or mental illness, injury and/or death. In consideration of being allowed to participate in the Activities, I HEREBY AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS CONTRACT (herein referred to as “AGREEMENT”).

STATEMENT OF HEALTH – You will not be allowed to participate in the Activities unless you agree to one of the following statements. If you are unable to agree, please do not complete the waiver.

I do not currently suffer any medical condition that negatively impacts my ability to exercise and/or scuba dive or otherwise participate in ACTIVITIES and I have had an opportunity, should I choose to do so, to review the RSTC medical history form AND I would not answer “yes” to any of the RSTC contraindications for scuba diving (available for review at https://www.dansa.org/dive-medicalforms or upon request), including the use of prescription drugs (excluding birth control)?

OR

If I cannot agree with the former statement, I have in my possession a current completed medical form and physician approval related to the Activities described herein. 


AGREEMENT – By initialing after each statement, you agree to each of the following:

MY participation in the Activities is voluntary and I agree to refrain from participation and/or I will take appropriate actions for MY safety if I become aware of an unsafe condition or I do not feel well, willing, capable or competent to participate. I affirm that I am physically, medically and mentally fit to participate in the Activities. 


On behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES and all who may have a claim on MY behalf, (referred to as “ME”, “MY”, “MYSELF”, “I” and/or “PARTICIPANT”), I voluntarily enter into this Agreement with ScubaTech, including, whether named specifically or generically, but not limited to their dive masters, owners, officers, directors, staff, employees, agents, vessels (whether owned, operated, leased or chartered), captains, crewmembers, volunteers, interns, sponsors, dive professionals, dive professionals in training, insurers, affiliate businesses, and all other persons and entities associated with the Activities, whether specifically named or not (referred to as “RELEASED PARTIES”). 


I understand that Activities have inherent risk and can result in discomfort, suffering, permanent disability, injury or even death. I understand that diving-related injuries including, without limitation, decompression illness and/or pulmonary barotrauma/arterial gas embolism could result in serious and possibly permanent mental and/or physical disabilities or death. I understand that these or other pressure-related injuries can cause visual or hearing impairments. I understand that such injury may occur at any depth, including shallow depths. I understand the Activities will expose ME to inherent dangers including but not limited to: currents, exposure, marine life bites and stings, panic, near drowning, drowning, broken bones, overexertion, diver separation, breathing gas toxicities, equipment failure, and dangerous environmental conditions. I also understand and accept the risk associated with vessel Activities including, but not limited to, boarding, departing, transits, transfers, navigating steps and ramps, entering and exiting the water, slippery and uneven surfaces, vessel malfunction, unexpected movements, slipping, tripping, falling, motion sickness, fire, capsize, sinking, grounding, abandonment, collision, dangerous and/or negligent acts of others and being struck by a vessel. Despite these risks, I voluntarily choose to participate in the Activities, and I expressly assume all risks associated with MY participation in the Activities, whether the risk is foreseeable or unforeseeable, and whether or not the risk is created by any act or omission or negligence of the RELEASED PARTIES to the greatest extent allowed by law. I hereby state that I am knowledgeable of the risks associated with Activities and I voluntarily accept these risks. 


I understand that Activities can be equipment-intensive and that it is my responsibility to assure that all items of equipment that I intend to use for any of the Activities are operational and free of detectable malfunction. 


I understand that oxygen breathed at elevated pressures, including specifically Nitrox,can result in Central Nervous System oxygen toxicity which can manifest itself as convulsive seizures. I am aware of the potential for long term damage associated with oxygen exposure and that whole body or pulmonary toxicity may create permanent injury. I understand that I am completely responsible for the gas mixtures that I breathe and that I must personally analyze or verify the analysis of each cylinder of Nitrox or other mixed gases. Despite these risks, I voluntarily choose to participate in the Activities, and I expressly assume all risks associated with MY participation in the Activities, whether the risk is foreseeable or unforeseeable, and whether or not the risk is created by any act or omission or negligence of the RELEASED PARTIES to the greatest extent allowed by law. 


I represent that I will dive with only those gases that I am certified to dive with. If I dive with nitrox and/or other mixed gases, I am certified to use such gases. 


If I choose to scuba dive, utilize a rebreather or otherwise participate in the Activities in any manner, I hereby represent that I am a certified and competent diver, or student under the direct and sole supervision of a certified scuba instructor. I will only participate in Activities within MY ability, skill, experience and/or certification level. 


If I become distressed at the surface, I will immediately inflate a marker buoy and MY buoyancy compensator, activate a personal locator beacon if applicable, drop MY weights and signal the vessel that I need assistance using the “Diver In Trouble” signal. 


 

I understand the Activities may be conducted at remote locations that may delay emergency response, medical care and/or hyperbaric treatment. I assume the risks associated with such delay and further release the RELEASED PARTIES for failure to rescue, provide proper emergency response, first-aid and/or medical care or any other act or omission that may constitute negligence to the greatest extent allowed by law. 


RELEASE OF LIABILITY: In consideration of being allowed to participate in the Activities, I expressly agree to forever release the RELEASED PARTIES from all liability arising as a result of property loss or damage, mental and/or physical illness, injury and/or death due to any act or failure to act including,but not limited to, negligence to the greatest extent allowed by law by anyone, including negligence of the RELEASED PARTIES. I understand that this is a complete and unconditional release of all liability of the RELEASED PARTIES to the greatest extent allowed by law. 


HOLD HARMLESS AND INDEMNIFICATION: I agree on behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES and all who may have a claim on MY behalf to hold harmless and indemnify (pay all costs) the RELEASED PARTIES from all claims, causes of action and/or lawsuits arising from MY participation in the Activities. 


LEGAL CONTRACT GOVERNING APPLICABLE LAW, VENUE, FORUM AND SEVERABILITY: I understand this Agreement is a legally binding contract giving up MY legal rights. I agree that, subject to the arbitration agreement below, any legal action arising as a result of MY participation in the Activities shall be governed by the Laws of the State of Florida, and the exclusive venue and jurisdiction for any legal action associated with MY participation in the Activities shall be the State of Florida. If any portion of this Agreement is found to be unenforceable or invalid, then that portion shall be severed, and the remainder shall continue in full legal force. I agree that any photocopy, fax copy or electronic completion, signature, and/or confirmation of this Agreement shall have full legal force as if it was an original document. 


ARBITRATION: I agree that all claims and disputes arising under or related to this Agreement and/or my participation in ACTIVITIES including, without limitation, any issue regarding personal injury or death, damages, proximate cause and liability, are to be resolved by binding arbitration pursuant to the Laws of the State of Florida. 


I have read this entire document and recognize that it is my responsibility to ensure that I understand each item. I have had ample opportunity to review this document and feel comfortable that any questions I have were answered to my satisfaction. I understand that I may have this Agreement reviewed by legal counsel of my choosing at my cost. 


I voluntarily and freely enter into this contract based exclusively on the preprinted terms of this Agreement without modification and without relying on any other representations or assurances. 


SO THAT IT IS ABSOLUTELY CLEAR TO ANY COURT, ATTORNEY, OR OTHER INDIVIDUAL OR ENTITY REVIEWING THIS DOCUMENT, I SPECIFICALLY AGREE AND INTEND THAT THIS ASSUMPTION OF RISK, LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT WILL FULLY RELEASE THE RELEASED PARTIES FOR ANYTHING WHICH MAY TRANSPIRE ASSOCIATED IN ANY WAY WITH MY PARTICIPATION IN THE ACTIVITIES TO THE GREATEST EXTENT ALLOWED BY LAW. 


MEDIA RELEASE (OPTIONAL): 

I UNDERSTAND that, throughout my scuba training and/or while scuba diving with ScubaTech, my likeness may be captured during any portion of, prior and/or subsequent to scuba training and/or scuba diving on photographic and/or video footage (imagery). I hereby authorize ScubaTech to use any imagery with my likeness captured during scuba training and/or scuba diving for its purposes and hereby waive all rights to any imagery with my likeness.


Date: April 7, 2026

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
Participant Information
Participant is *
Diving - ALL fields below are REQUIRED for divers
Snorkeling
Bubble Watcher
Highest Certification Level (please use Nitrox cert if planning to dive Nitrox)
Certification Agency
Certification Number
Number of Dives
Date of Last Dive
Dive Accident Insurance*
No
Yes
Insurance Provider
DIVERS IN TRAINING COMPLETE THIS SECTION
Name of Dive Course
Name of Instructor
Instructor's Certifying Agency and Cert Number
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant
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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Today's Date *
This waiver is valid for 7 days beginning on the date of the participant's initial adventure/aquatic activity (as outlined in body of waiver above). If participant is enrolled in a course, this waiver is valid for the duration of their course. *
Acknowledge
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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