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BOAT TRAVEL, SCUBA DIVING, SNORKELING, FREEDIVING, and MOLOKINI RULES + DIVER MEDICAL

 

There are multiple areas requiring your signature, so please take your time and read carefully.

Acknowledgement of Cancellation Policy

Maui Diamond Sea Sports respects that your time is valuable, so once a spot is sold, we hold it for you and frequently turn away other passengers as a result. When we confirm and accept payment for your activity, we guarantee your spot. In return, we expect your compliance in agreeing to having financial responsibility for the spots you've booked on our charters. 

By signing below, you are stating the following:

I understand that the scheduled dive destinations are subject to weather and conditions and that Maui Diamond Sea Sports reserves the right to cancel or change destinations at any time. I further understand that some activities may be canceled at any time due to lack of sufficient participation. If Maui Diamond Sea Sports cancels a charter, I will be offered the opportunity to reschedule or will be given a complete refund.

I understand and acknowledge that I must provide 48 hours notice to Maui Diamond Sea Sports if I wish to cancel or reschedule my activity. I understand and agree that I will be financially responsible for any changes made to my resevation within 48 hours of the scheduled start tiime of my activity.   NO REFUNDS WILL BE GIVEN FOR CANCELLATIONS or RESCHEDULES BY CUSTOMERS WITH LESS THAN 48 HOURS NOTICE


Today's Date: November 21, 2024 

Liability Release and Assumption of Risk Agreement

THIS IS A WAIVER OF YOUR RIGHTS TO SUE

I hereby affirm that I am a snorkeler, a freediver, a certified scuba diver, or I am a student diver under the control and supervision of a certified scuba instructor. I thoroughly understand the hazards of the activity(ies) in which I choose to participate whether snorkeling, freediving, and/or scuba diving, including those hazards occurring during boat travel to and from the dive site (all activities and boat travel hereinafter collectively referred to as “Excursion”).

I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries, decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board the boat, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip to snorkel, freedive, or participate in scuba dives, whether conducted as a certified diver or a student diver in a diving class.

I understand and agree that neither Maui Diamond Sea Sports; nor the dive professional(s); nor the crew or owner of the vessel or the vessel itself; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, 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 to participate in the Excursion. I further state that I am not under the influence of alcohol or any drugs that are contradicted to participation in the Excursion. If I am taking medication, I affirm that I have seen a physician and have approval to participate in the Excursion while under the influence of the medication/drugs. I understand that participation in the Excursion is physically strenuous and that I will be exerting myself during this Excursion, and that if I am injured as a result of a 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.

As a participant in the Excursion, I affirm I am aware that safe practices suggest participating with a buddy whether snorkeling, freediving or scuba diving unless trained as a self-reliant scuba diver. Accordingly, it is my responsibility to plan my dive allowing for my 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)/vessel crew. 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 the Excursion or if I choose to participate with equipment that may not be functioning properly.

I further state 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 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 if 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 my heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR 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. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.


Today's Date: November 21, 2024

ATTACHMENT B

PRE-TRIP BRIEFING AND ACKNOWLEDGEMENT FORM

Molokini Shoal Marine Life Conservation District Use Permit*

Molokini Islet is the southern rim of an extinct volcanic crater. The shallow inner cove =is the crater's submerged floor which is covered by sand patches, coral and boulders. The coral reefs within the crater support abundant marine life which is among the most diverse and impressive in Hawaii. The waters in and around Molokini are designated. as a Marine Life Conservation District (MLCD), which makes it a strictly protected marine reserve. While enjoying your visit to Molokini, please help us to protect this precious area by following these rules and guidelines:

  1. The taking, injuring or disturbing of any living material (fishes, turtles, eggs, shells, corals, seaweed, etc.) or non-living habitat (sand, rocks, coral skeletons, etc.) is strictly prohibited. Sea turtles may not be approached or harassed at any time.
  2. Make sure you avoid contacting the bottom at all times and stay out of the shallow water immediately next to shore. Keep hands and feet well away from any rock or coral, and use a floatation device if you need help swimming or if it is required by your guides.
  3. Feeding fish or introducing any material into the water that could attract marine life is strictly prohibited. Fish feeding can change the type of fish in the reserve, stimulate aggressive behavior, and reduce normal grazing patterns that maintain, a healthy reef.
  4. Stay away from shore and do not attempt to climb onto the island. Molokini is seabird sanctuary and entry is strictly prohibited.
  5. Avoid excessive splashing' and creating load noises that can disturb both protected marine life and seabirds.
  6. It is illegal to pollute or introduce human waste into the MLCD waters.
  7. Listen to your guides, follow their instructions, and do not venture too far away from your tour vessel. Weather and current conditions at Molokini can change very quickly, and this can create dangerous situations if you get separated from your boat.

I certify that I have read and will comply with all of the rules and guidelines listed above.

(*Operators: Please have each passenger sign a copy of this form prior to each commercial trip to the Molokini Shoal MLCD, and retain signed all signed copies for no less than one year • following each trip.)

Please select who will be participating...
AdultMinor
Continue
First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

What days are you diving with us? (List all that apply)
Diver Accident Insurance?*
No
Yes

Policy Number

Diver Medical | Participant Questionnaire

NOT REQUIRED FOR NON-DIVERS - YOU MAY SKIP AND SIGN "NA" IN THIS SECTION

Recreational scuba diving and freediving requires good physical and mental health. There are a few medical conditions which can be hazardous while diving, listed below. Those who have, or are predisposed to, any of these conditions, should be evaluated by a physician. This Diver Medical Participant Questionnaire provides a basis to determine if you should seek out that evaluation. If you have any concerns about your diving ftness not represented on this form, consult with your physician before diving. If you are feeling ill, avoid diving. If you think you may have a contagious disease, protect yourself and others by not participating in dive training and/or dive activities. References to “diving” on this form encompass both recreational scuba diving and freediving. This form is required for divers taking continuing education or joining dive charters with other divers on the Maui Diamond. For your safety, and that of others who may dive with you, answer all questions honestly.

Directions

Complete this questionnaire as a prerequisite for participating in this scuba diving excursion and to determine whether you will need a physician's release to dive.

Note to women: If you are pregnant, or attempting to become pregnant, do not dive.

1. I have had problems with my lungs, breathing, heart and/or blood affecting my normal physical or mental performance. *
No
Yes -Go to box A
2. I am over 45 years of age.*
No
Yes -Go to box B
3. I struggle to perform moderate exercise (for example, walk 1.6 kilometer/one mile in 14 minutes or swim 200 meters/yards without resting), OR I have been unable to participate in a normal physical activity due to fitness or health reasons within the past 12 months.*
No
Yes
4. I have had problems with my eyes, ears, or nasal passages/sinuses*
No
Yes -Go to box C
5. I have had surgery within the last 12 months, OR I have ongoing problems related to past surgery*
No
Yes
6. I have lost consciousness, had migraine headaches, seizures, stroke, significant head injury, or suffer from persistent neurologic injury or disease.*
No
Yes -Go to box D
7. I am currently undergoing treatment (or have required treatment within the last five years) for psychological problems, personality disorder, panic attacks, or an addiction to drugs or alcohol; or, I have been diagnosed with a learning or developmental disability.*
No
Yes -Go to box E
8. I have had back problems, hernia, ulcers, or diabetes*
No
Yes -Go to box F
9. I have had stomach or intestine problems, including recent diarrhea.*
No
Yes -Go to box G
10. I am taking prescription medications (with the exception of birth control or or anti-malarial drugs other than mefloquine (Lariam).*
No
Yes

If you answered NO to all 10 questions above, no further questions nor a medical evaluation is required. Please scroll down, read and agree to the participant statement below by signing and dating it.

Box A - I have/have had:

Chest surgery, heart surgery, heart valve surgery, an implantable medical device (eg, stent, pacemaker, neurostimulator), pneumothorax, and/or chronic lung disease.*
No
Yes
Asthma, wheezing, severe allergies, hay fever or congested airways within the last 12 months that limits my physical activity/exercise.*
No
Yes
A problem or illness involving my heart such as: angina, chest pain on exertion, heart failure, immersion pulmonary edema, heart attack or stroke, OR am taking medication for any heart condition.*
No
Yes
Recurrent bronchitis and currently coughing within the past 12 months, OR have been diagnosed with emphysema.*
No
Yes
Symptoms affecting my lungs, breathing, heart and/or blood in the last 30 days that impair my physical or mental performance.*
No
Yes

Box B - I am over 45 years of age AND:

I currently smoke or inhale nicotine by other means.*
No
Yes
I have a high cholesterol level.*
No
Yes
I have high blood pressure.*
No
Yes
I have had a close blood relative die suddenly or of cardiac disease or stroke before the age of 50, OR have a family history of heart disease before age 50 (including abnormal heart rhythms, coronary artery disease or cardiomyopathy).*
No
Yes

Box C - I have/have had:

Sinus surgery within the last 6 months.*
No
Yes
Ear disease or ear surgery, hearing loss, or problems with balance.*
No
Yes
Recurrent sinusitis within the past 12 months*
No
Yes
Eye surgery within the past 3 months.*
No
Yes

Box D - I have/have had:

Head injury with loss of consciousness within the past 5 years*
No
Yes
Persistent neurologic injury or disease.*
No
Yes
Recurring migraine headaches within the past 12 months, or take medications to prevent them.*
No
Yes
Blackouts or fainting (full/partial loss of consciousness) within the last 5 years*
No
Yes
Epilepsy, seizures, or convulsions, OR take medications to prevent them.*
No
Yes

Box E - I have/have had:

Behavioral health, mental or psychological problems requiring medical/psychiatric treatment*
No
Yes
Major depression, suicidal ideation, panic attacks, uncontrolled bipolar disorder requiring medication/psychiatric treatment.*
No
Yes
Been diagnosed with a mental health condition or a learning/developmental disorder that requires ongoing care or special accommodation. *
No
Yes
An addiction to drugs or alcohol requiring treatment within the last 5 years*
No
Yes

Box F - I have/have had:

Recurrent back problems in the last 6 months that limit my everyday activity.*
No
Yes
Back or spinal surgery within the last 12 months.*
No
Yes
Diabetes, either drug or diet controlled, OR gestational diabetes within the last 12 months.*
No
Yes
An uncorrected hernia that limits my physical abilities.*
No
Yes
Active or untreated ulcers, problem wounds, or ulcer surgery within the last 6 months.*
No
Yes

Box G - I have/have had:

Ostomy surgery and do not have medical clearance to swim or engage in physical activity.*
No
Yes
Dehydration requiring medical intervention within the last 7 days.*
No
Yes
Active or untreated stomach or intestinal ulcers or ulcer surgery within the last 6 months.*
No
Yes
Frequent heartburn, regurgitation, or gastroesophageal reflux disease (GERD).*
No
Yes
Active or uncontrolled ulcerative colitis or Crohn’s disease.*
No
Yes
Bariatric surgery within the last 12 months.*
No
Yes

* If you answered YES to questions 3, 5 or 10 above OR to any of the questions on Boxes A,B,C,D,E,F or G , please read and agree to the statement above by signing and dating it AND having a physician sign the medical evaluation form.  (The complete medical form can be found at https://mauidiamond.com/faqs). Participation in a diving course or excursion requires your physician's approval.

Participant Statement: I have answered all questions honestly, and understand that I accept responsibility for any consequences resulting from any questions I may have answered inaccurately or for my failure to disclose any existing or past health conditions.

First Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Tell us when you are diving.

Please indicate the date of your trip with us. *
I understand that I must provide proof of certification in order to dive*
I agree and will provide my certification card at check-in (eCard, photos of both sides of cert card, and actual plastic cert cards are accepted).
I am just snorkeling, riding along or I am participating in an introductory dive, so I do not have a certification card.
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*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

What days are you diving with us? (List all that apply)
Diver Accident Insurance?*
No
Yes

Policy Number

Diver Medical | Participant Questionnaire

NOT REQUIRED FOR NON-DIVERS - YOU MAY SKIP AND SIGN "NA" IN THIS SECTION

Recreational scuba diving and freediving requires good physical and mental health. There are a few medical conditions which can be hazardous while diving, listed below. Those who have, or are predisposed to, any of these conditions, should be evaluated by a physician. This Diver Medical Participant Questionnaire provides a basis to determine if you should seek out that evaluation. If you have any concerns about your diving ftness not represented on this form, consult with your physician before diving. If you are feeling ill, avoid diving. If you think you may have a contagious disease, protect yourself and others by not participating in dive training and/or dive activities. References to “diving” on this form encompass both recreational scuba diving and freediving. This form is required for divers taking continuing education or joining dive charters with other divers on the Maui Diamond. For your safety, and that of others who may dive with you, answer all questions honestly.

Directions

Complete this questionnaire as a prerequisite for participating in this scuba diving excursion and to determine whether you will need a physician's release to dive.

Note to women: If you are pregnant, or attempting to become pregnant, do not dive.

1. I have had problems with my lungs, breathing, heart and/or blood affecting my normal physical or mental performance. *
No
Yes -Go to box A
2. I am over 45 years of age.*
No
Yes -Go to box B
3. I struggle to perform moderate exercise (for example, walk 1.6 kilometer/one mile in 14 minutes or swim 200 meters/yards without resting), OR I have been unable to participate in a normal physical activity due to fitness or health reasons within the past 12 months.*
No
Yes
4. I have had problems with my eyes, ears, or nasal passages/sinuses*
No
Yes -Go to box C
5. I have had surgery within the last 12 months, OR I have ongoing problems related to past surgery*
No
Yes
6. I have lost consciousness, had migraine headaches, seizures, stroke, significant head injury, or suffer from persistent neurologic injury or disease.*
No
Yes -Go to box D
7. I am currently undergoing treatment (or have required treatment within the last five years) for psychological problems, personality disorder, panic attacks, or an addiction to drugs or alcohol; or, I have been diagnosed with a learning or developmental disability.*
No
Yes -Go to box E
8. I have had back problems, hernia, ulcers, or diabetes*
No
Yes -Go to box F
9. I have had stomach or intestine problems, including recent diarrhea.*
No
Yes -Go to box G
10. I am taking prescription medications (with the exception of birth control or or anti-malarial drugs other than mefloquine (Lariam).*
No
Yes

If you answered NO to all 10 questions above, no further questions nor a medical evaluation is required. Please scroll down, read and agree to the participant statement below by signing and dating it.

Box A - I have/have had:

Chest surgery, heart surgery, heart valve surgery, an implantable medical device (eg, stent, pacemaker, neurostimulator), pneumothorax, and/or chronic lung disease.*
No
Yes
Asthma, wheezing, severe allergies, hay fever or congested airways within the last 12 months that limits my physical activity/exercise.*
No
Yes
A problem or illness involving my heart such as: angina, chest pain on exertion, heart failure, immersion pulmonary edema, heart attack or stroke, OR am taking medication for any heart condition.*
No
Yes
Recurrent bronchitis and currently coughing within the past 12 months, OR have been diagnosed with emphysema.*
No
Yes
Symptoms affecting my lungs, breathing, heart and/or blood in the last 30 days that impair my physical or mental performance.*
No
Yes

Box B - I am over 45 years of age AND:

I currently smoke or inhale nicotine by other means.*
No
Yes
I have a high cholesterol level.*
No
Yes
I have high blood pressure.*
No
Yes
I have had a close blood relative die suddenly or of cardiac disease or stroke before the age of 50, OR have a family history of heart disease before age 50 (including abnormal heart rhythms, coronary artery disease or cardiomyopathy).*
No
Yes

Box C - I have/have had:

Sinus surgery within the last 6 months.*
No
Yes
Ear disease or ear surgery, hearing loss, or problems with balance.*
No
Yes
Recurrent sinusitis within the past 12 months*
No
Yes
Eye surgery within the past 3 months.*
No
Yes

Box D - I have/have had:

Head injury with loss of consciousness within the past 5 years*
No
Yes
Persistent neurologic injury or disease.*
No
Yes
Recurring migraine headaches within the past 12 months, or take medications to prevent them.*
No
Yes
Blackouts or fainting (full/partial loss of consciousness) within the last 5 years*
No
Yes
Epilepsy, seizures, or convulsions, OR take medications to prevent them.*
No
Yes

Box E - I have/have had:

Behavioral health, mental or psychological problems requiring medical/psychiatric treatment*
No
Yes
Major depression, suicidal ideation, panic attacks, uncontrolled bipolar disorder requiring medication/psychiatric treatment.*
No
Yes
Been diagnosed with a mental health condition or a learning/developmental disorder that requires ongoing care or special accommodation. *
No
Yes
An addiction to drugs or alcohol requiring treatment within the last 5 years*
No
Yes

Box F - I have/have had:

Recurrent back problems in the last 6 months that limit my everyday activity.*
No
Yes
Back or spinal surgery within the last 12 months.*
No
Yes
Diabetes, either drug or diet controlled, OR gestational diabetes within the last 12 months.*
No
Yes
An uncorrected hernia that limits my physical abilities.*
No
Yes
Active or untreated ulcers, problem wounds, or ulcer surgery within the last 6 months.*
No
Yes

Box G - I have/have had:

Ostomy surgery and do not have medical clearance to swim or engage in physical activity.*
No
Yes
Dehydration requiring medical intervention within the last 7 days.*
No
Yes
Active or untreated stomach or intestinal ulcers or ulcer surgery within the last 6 months.*
No
Yes
Frequent heartburn, regurgitation, or gastroesophageal reflux disease (GERD).*
No
Yes
Active or uncontrolled ulcerative colitis or Crohn’s disease.*
No
Yes
Bariatric surgery within the last 12 months.*
No
Yes

* If you answered YES to questions 3, 5 or 10 above OR to any of the questions on Boxes A,B,C,D,E,F or G , please read and agree to the statement above by signing and dating it AND having a physician sign the medical evaluation form.  (The complete medical form can be found at https://mauidiamond.com/faqs). Participation in a diving course or excursion requires your physician's approval.

Participant Statement: I have answered all questions honestly, and understand that I accept responsibility for any consequences resulting from any questions I may have answered inaccurately or for my failure to disclose any existing or past health conditions.

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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