This WAIVER and RELEASE ("Release") is entered into and as of the last date set forth below by and between Triton Diving, Inc ("Company") and ("Customer"). Company operates a recreational fishing and diving vessel ("Triton"), and Customer desires to pay Company or chartering agency to transport Customer on the Vessel that Customer may engage in recreational fishing or diving ("Charter"), It is now the desire of the parties that Customer hire Company or chartering agency for the Charter but waive and release Company or chartering agency for any liability in connection therewith. In consideration of the payment of the Charter fees to Company or chartering agency, receipt of which is hereby acknowledged, and the releases, promises and covenants herein, the parties agree as follows: 1. Company and Customer or chartering agency hereby agree to the Charter, specifically described on the attached Exhibit. 2. Customer does hereby acknowledge that the sports of recreational fishing and diving are potentially dangerous, and Customer represents and warrants to Company that Customer is an experienced and, if applicable, certified participant in the sport in which he or she will be engaged on the Charter, knows the risks and hazards thereof, does not look to the Company for any guidance or protection in connection therewith, and assumes all risks associated therewith. Customer therefore waives any rights or claims they may have now or in the future against Company or chartering agency in connection with said Charter, and does hereby release, hold harmless, and absolutely and forever discharge Company or chartering agency from all claims, actions and causes of action which he has or may have against Company or chartering agency arising out of or in connection with the Charter. 3. It is the intention of the parties hereto by the executing of this Release, that the Release herein shall be effective as full and final releases of each and every released matter. In furtherance of these intentions. each party hereto acknowledges that he is familiar with Section 1542 of the Civil Code of the State of California which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." All parties hereto expressly waive and relinquish each and every right or benefits which he, she or it has or may have under Section 1542 of the Civil Code of the State of California. In connection with such waiver and relinquishment, each party hereto acknowledges that it is his, her or its intention hereby to fully, finally and forever settle and release all disputes and differences related to the released matters, known or unknown, suspected or unsuspected, and the General Release shall be and remain effective as full and complete general releases of released matters notwithstanding the discovery or existence of any such additional or different facts. 4. In the event of any dispute between Company or chartering agency and Customer concerning this Release or the subject matter hereof, or the failure of any consideration referenced herein, the prevailing party in such dispute shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith. 5. The handling of customers personnel gear by the boat crew, i.e., weights, BCD, camaras, DPVs or any other personnel property brought to boat by customer related to the act of diving or not shall be done only as a courtesy and shall bear no liability to either company or crew member. By the signing of this document the customer accepts any and all liability for their property regardless of the occurrence. Date: October 9, 2024 |