“I understand that SHM Hold Co, LLC, and/or its parents, subsidiaries, affiliates and associated entities including but not limited to Safe Harbor Marina, Islamorada, FL. (collectively, “Safe Harbor Marinas”) own the Marina and are Deep Sea Scuba’s Licensor. I understand and agree that Safe Harbor Marinas is solely the Licensor owner, and lacks any involvement, control, knowledge or participation whatsoever in the diving and other recreational activities and/or transportation of any kind that I am participating in with Deep Sea Scuba. As a result of this, I hereby agree that Safe Harbor Marinas shall not be liable for any damages or injuries of any kind or nature, whether direct or indirect, arising from or related in any way to any personal injuries, including death, and/or property loss or damage suffered or incurred by me or any of my family, friends or invitees as a result of, or in any way related to the diving and other recreational activities or transportation of any kind that I am participating in with Deep Sea Scuba (the “Damages”), regardless of whether such Damages were the result, in whole or in part, of the negligence of Safe Harbor Marinas or anyone related to Safe Harbor Marinas. By execution of this Release and Waiver of Claims, Assumption of Risk, and Indemnification Agreement, I accept and assume full responsibility for any and all such Damages, and I hereby fully and forever release and discharge the Safe Harbor Marinas from any and all such Damages. Further, I expressly, knowingly and voluntarily agree to indemnify, defend and hold Safe Harbor Marinas harmless from and against any and all Damages, including without limitation, third party claims arising as a result of my use of the Marina and/or the diving and other recreational activities or transportation of any kind. This release includes, but is not limited to, any and all claims that I have or may have had with respect to the Marina and/or Safe Harbor Marinas. I understand that my ability to participate in the activities is sufficient consideration for providing this Release, Waiver, Assumption of Risk and Indemnification Agreement. I agree that I will also indemnify, hold harmless and release Safe Harbor Marinas from any loss, liability, claims or Damages suffered by any minor and/or other guest or related person that I invite or joins me in my activities, and for any injury that is in any way related to my activities and/or the Marina. I understand that this is an important legal document. I acknowledge that I have carefully read this release and waiver of claims, assumption of risk, and indemnification, that I have had the opportunity ask any questions or make any changes that I wish, and I fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. I am further aware and agree that by executing this waiver, I am giving up my right to bring a legal action or assert a claim against any Safe Harbor Marinas entity in any way related to the Marina or the diving and other recreational activities or transportation of any kind that I am participating in with Deep Sea Scuba I the undersigned, by this instrument, agreed to exempt and release all the above listed entities and/or individuals, whether specifically named or not, 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 release 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 signing below on behalf of myself and my heirs. Date: June 19, 2026 |