Waiver. Release and Indemnity Agreement
I hereby affirm that I am a certified scuba diver, passenger, 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"). 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. 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.
I understand and agree that neither the Sunset Divers instructors, divemasters, crew members, or captains; nor the crew or owner of the vessel; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; 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 this Excursion, or as a result of the rental and/or use of the equipment, or as a result of product defect, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradictive to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive 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 this Excursion, 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 same.
I am aware that safe dive practices suggest diving with a buddy. I understand and agree to follow the Sunset Divers dive program and computer diving rules as outlined in the divemaster's briefing. I affirm it is my responsibility to inspect all of my equipment, rental or otherwise, and acknowledge it is in good working condition prior to the Excursion 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 hereby acknowledge receipt of the equipment designated in this form. I agree to reimburse Sunset Divers for the loss or breakage of any and all equipment at the current replacement value. I agree to return the equipment in clean condition to Sunset Divers at the end of my stay.
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. 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.
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 estopped from claiming otherwise because of my representations to the Released Parties.
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.
After reading, place your CHECK MARK next to each of the following statements:
I acknowledge that I am a certified diver trained in safe diving practices.
I affirm that I am in good mental health and physically fit for diving, and that I am not under the influence of alcohol, nor am under the influence of any drugs that are contradictory to diving. If am taking medication, affirm that have seen a physician and have approval to dive while under the influence of the medication/drugs.
I am aware that I will be diving with a buddy as there is no solo diving, and it will be our responsibility to plan a dive, allowing for our diving limitations and prevailing water conditions. I will not hold Sunset Divers/Sunset House or any of its employees, agents or assigns responsible for my failure to safely plan and execute my dive.
I acknowledge that I am physically fit to scuba dive/snorkel, and I will not hold Sunset Divers/Sunset House or any of its employees, agents or assigns responsible if I am injured as a result of heart, lung, ear, circulatory problems or other illness that occur while diving and/or snorkeling.
I agree to abide by the 18-hour minimum dive/fly policy. Flying out on a morning flight prohibits diving the afternoon on the day before departure.
I agree to stay within the maximum depth limit of 100 feet (computer and table divers).
I agree to maintain a no-gloves and hands-off policy towards all marine life. This includes, no feeding, harassing, molesting or touching of any marine life and corals.
Note to photographers: No camera or hand contact with the reef.
I acknowledge that willfully violating Sunset Divers/Sunset House rules and regulations may cause forfeiture of any and all dives, and/or use of camera equipment, without a refund.
Dive Computer Information
I acknowledge that I understand how to use my own dive computer or the one issued to me by Sunset Divers. If issued by Sunset Divers then I have been given sufficient instructions by Sunset Divers on how the dive computer works.
I agree to stay within the no-deco limits of my dive computer or the one loaned to me by Sunset Divers and agree to follow the dive computer profile parameters issued for all dives by Sunset Divers.
I agree to follow all dive computer warnings and comply with all stops (deco and safety stops) the dive computer displays while I am diving.
I agree that if at any time and for any reason the dive computer locks out of safe diving mode (Ex: locked in no-dive mode, gauge mode, incorrect gas) it is understood that Sunset Divers cannot issue any diving recommendations inclusive of permitting diving with Sunset Divers or any other operator that may supersede the dive computer manufacturers specifications for a return to safe diving mode. Should the dive computer lock out safe diving mode (Ex: locked in no-dive mode) I will refrain from diving for as long as the dive computer indicates it requires to return to safe dive mode.
I understand that I am fully responsible for planning my dive with the dive computer and will not hold Sunset Divers or any staff member of staff responsible for any injury that may occur.
Flooded rental regulator incurs an additional $60 usd
Today's Date: February 28, 2024