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Dive Boat Waiver 

Contractual Assumption Acknowledgement of Risks and Liability Waiver and Release Agreement

 

IN CONSIDERATION of being permitted to participate in the charter/rental provided by Walker’s Dive Charters, Inc., for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

 

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include:

  1. Wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperature.
  2. Any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions.
  3. Collision, capsizing, sinking, or other hazards which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning.
  4. The presence of and/or injury, illness, or death resulting from insects, animals, and marine life forms.
  5. Equipment failure, operator error, transportation accidents.
  6. Heat or sun-related injuries or illness, including sunburn, sunstroke, or dehydration.
  7. Fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.
  8. Slippery decks and/or steps when wet.
  9. Scuba Diving and/or Snorkeling Activities.




I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction. I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.

 




I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine, and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

 




 

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

I fully agree to assume all responsibility for all the risks of the Scuba Diving Charter and/or Equipment rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property, and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.




This Agreement shall be governed by the Laws of The United States of America: Any legal action relating to or arising out of this agreement against or with respect to Walker’s Dive Charters, Inc. shall be commenced exclusively in the United States of America. Any legal action relating to or arising out of this Agreement against or with respect to any of Walker’s Dive Charters, Inc affiliated or related companies shall be commenced exclusively in the Circuit Court in and for West Palm Beach County, Florida. ii. I agree that I will reimburse in full any attorney fees incurred by the assured or their Insurers to defend any legal action under this agreement.




I HEREBY RELEASE WALKER’S DIVE CHARTERS, INC.: Their affiliated and related companies, their principals, directors, officers, agents, employees, and volunteers, their insurers, and each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted, as well as their insurers, if any, each and every cruise line or company who facilitated participation and/or purchase of tickets, from any and all liability of any nature for any and all injury, property loss or damage (including death) to me or my minor children as well as other persons as a result of my/our participation in the activity, even if caused by my negligence or by the negligence of any of the releasees named above, or any other person (including myself).




I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

                         July 27, 2024




_________________________

CSR/W AV/23-1



FLORIDA ADDENDUM NOTICE TO THE MINOR CHILD’S PARENT OR NATURAL GUARDIAN



READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF WALKER'S DIVE CHARTERS, INC. USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM WALKER'S DIVE CHARTERS, INC., NOR THE RELEASED PARTIES REFERRED TO ABOVE IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND WALKER'S DIVE CHARTERS, INC. HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.





If Participant Is A Minor, by my signature, I release all claims that both they and I have.



                                                       July 27, 2024

Signature of Natural Guardian                                        Date




INSTRUCTIONS FOR ADDENDUM FOR USE IN FLORIDA

These instructions are to assist you in completing the Addendum for Use in Florida.



1.   The Addendum for Use in Florida must be completed for all snorkeling, skin and/or scuba diving instruction, supervised activity or equipment rentals which take place within the State of Florida.



2.   The Addendum for Use in Florida must be completed with respect to all minor children who participate in snorkeling, skin and/or scuba diving instruction, supervised activities or equipment rental in the State of Florida, regardless of whether the minor child and/or the natural guardian is a resident of or lives in the State of Florida.



3.   A minor child, as that term is used in the Addendum for Use in Florida, means a person under 18 years of age at the time the Addendum for Use in Florida is completed.



4.   The Addendum for Use in Florida is NOT a replacement for the release of liability, waiver of claims, express assumption of risk and indemnity agreement, but is to be completed in addition to that agreement when a minor child is the participant.



5.   Please make sure that the Addendum for Use in Florida is completed, signed, and dated before any participation by a minor child in any snorkeling, skin, and/or scuba diving instruction and/or supervised activity and/or equipment rental takes place.



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
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(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. If Participant Is A Minor, by my signature, I release all claims that both they and I have.





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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Click to customize drop-down*

Certifying Agency (NAUI, PADI, SSI, etc...) *

Emergency Contact Name *

Emergency Contact Phone *
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. This waiver is valid between January 1 - December 31, only one waiver is required per year.


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