Liability Release and Assumption of Risk Agreement
***This is a waiver of your rights to Sue.***
Please read carefully before signing.
1. I, understand and agree that neither Walker's Dive Charters, Inc. nor the crew or owner of the vessel; nor 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 these diving activities, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
2. I am aware that there are inherent dangers and risks in scuba diving, snorkeling, swimming, boat use, equipment use, pleasure boating, fishing and other activities relating to a dive trip and/or a boat charter (referred to collectively as “Diving Activities”). I understand and agree that this Liability Release and Assumption of Risk Agreement extends to all related Diving Activities, including, entering and exiting the water. I understand and agree that the Released Parties shall not be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur by my participation in any Diving Activities.
3. If this release is signed in connection with scuba diving, I hereby affirm that I am a certified scuba diver or a student diver, under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving including those hazards occurring during boat travel to and from the dive site (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, 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 and scuba dive(s), whether conducted as a certified diver or a student diver in a diving class.
4. I affirm that I am in good mental and physical fitness to participate in Diving Activities. I further state that I am not under the influence of alcohol or any drugs that are contradicted to Diving Activities, and I do not have in my possession any illegal drugs. If I am taking medication, I affirm that I have seen a physician and have approval to engage in Diving Activities while under the influence of the medication/drugs. I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during these Diving Activities, and that if I am injured as a result of 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 sam
5. I affirm it is my responsibility to inspect all of my equipment prior to the Diving Activities 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 diving or if I choose to dive with equipment that may not be functioning properly. I agree to furnish my own equipment and be responsible for its good operating condition regardless of where I obtain it. I understand the Released Parties are not responsible for inspecting any equipment. If I obtain equipment from the Released Parties, I hereby accept the equipment As Is. I also acknowledge that if I rented an enriched air tank, that I am certified as an enriched air diver or I am a student as an enriched air diver and under the supervision of my instructor, and that I have analyzed the gas mixture. I understand the Released Parties accept no responsibility for any defect in equipment and do not warrant equipment is suitable for any particular purpose. THE USE OF ALL EQUIPMENT IS AT MY OWN RISK.
6. I agree to be present and attentive to the safety briefings given by the dive leader (s) /vessel crew. I understand that it is my responsibility to plan my dive allowing for my diving 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 leader (s)/vessel crew. I agree to immediately cease and abort my dive(s) if I feel uncomfortable with my diving abilities and/or the diving conditions are worse than those for which I have been trained or for which I am comfortable. In the event I become distressed at the surface, I agree to immediately drop my weights and inflate my buoyancy compensator. I understand that if I want or need any assistance from the dive boat, dive leader, or vessel crew I will give the proper Diver in Trouble signal.
7. 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.
8. 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 stopped from claiming otherwise because of my representations to the Released Parties. I have fully informed myself of the contents of this document. I am voluntarily signing this document and I agree to the terms and conditions herein and realize they are given in exchange for my participation in Diving Activities. I understand this Liability Release and Assumption of Risk Agreement shall be determined according to the laws of the State of Florida and shall be adjudicated only in Florida courts to the exclusion of any other courts.
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 LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.
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.
March 3, 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.