I, The “Participant” (the Participant may be a Passenger or Diver), hereby agree that In consideration for my participation in activities associated with the “SoCal Dive Charter LLC” (“Service Provider”), with an address at 1561 N Orangethorpe Way Anaheim, CA 92801” and if such Participant is a minor, the Participant's legal guardian or parent, and their respective heirs, executors, administrators, personal representatives and next of kin (collectively with Participant, "Releasors”), hereby agree and acknowledge the following: 1. That by signing this Liability waiver, I agree to waive certain legal rights, including the right to sue the "Service Provider," and, if applicable, its Owners, agents, representatives, and affiliates from any physical, material, tangible or intangible loss, injuries or damages that may happen to me during my participation in activities associated with Service Provider which include but not limited to Dive boat Charter, Sport Fishing, Water Recreation activities such as waterskiing, swimming, surfing, windsurfing, tubing, scuba diving, bathing, water play by children or any and all other water activities (the “Activities"). 2. I understand and am fully aware that my participation in the Activities involves hazards. These hazards may lead to tangible or intangible harm, which includes but is not limited to physical injuries which may lead to death, damages, losses, illness, decompression sickness, air expansion injuries, drowning (the “Losses”), and I agree that these losses may result during slipping or falling while onboard, being cut or struck by a boat in water, getting on or off the boat, or through perils of the sea. I also hereby agree that these losses may result not only from my actions but also from the actions of others with the understanding and knowledge of these risks, I choose my own will and volition to continue participating in Activities. 3. I am also aware and understand that there are hazards that I may not have considered, yet I waive my right to any and all claims that may occur from these unconsidered risks/hazards, and I choose, of my own will and volition, to participate in the Activities. 4. It is my obligation to consult a physician before participating in activities, and I affirm that I have no medical disorders that would prohibit me from participating in any of the activities. 5. COVENANT NOT TO SUE: I will not initiate any lawsuit or other court action against the Service Provider, nor will I join any such proceeding, including any claim for monetary damages. I admit and agree that I am entering a covenant not to sue the Service Provider in any capacity, including to hold the Service Provider liable for any injury, losses, or damage sustained by me or my property, even if it is because of the Service Provider's negligence or omission. I also relinquish the right of any of my insurers' to demand any such claim. 6. INDEMNIFICATION: I hereby agree to waive any and all legal claims against the Service Provider and indemnify the Service Provider and its affiliates, (if applicable) directors, officers, subsidiaries, employees, agents, successors, and assigns and hold them harmless against any and all damages, losses, injury whether tangible or intangible, demands, and legal claims including reasonable attorney's fees, which may arise from or relate to my participation in Activities associated with Service Provider or from my conduct or actions. 7. This liability waiver shall bind and be enforceable against me and all of my representatives. I agree that this liability Waiver should be enforceable to the fullest extent of the law, and if any part is held invalid, the remainder should continue in full legal force and effect. 8. This Liability Waiver shall be interpreted according to the laws of the state of California. I have read the contents of this liability Waiver and agree that by signing this, I forfeit any claim, right, or ability to hold the Service Provider responsible for any losses which may occur before, during, and after participating in the activities associated with Service Provider. |