This is a release of your right to sue Morska Zvijezda Centar za Ronjenje d.o.o. and its employees, contractors, agents and assigns for personal injuries of wrongful death that may occur during the forthcoming dive activity as a result of the inherent risks associated with scuba diving/snorkeling/freediving or as a result of negligence, passive or active. You are agreeing to all following lines 1-23. 1. I acknowledge that I am a certified scuba diver trained in safe diving practices (see lines I-J above). I will provide acceptable proof of certification by presenting a physical card, digital card (App on my phone) or an image of my physical card at check-in. Additional online checks may be conducted with the relevant training organization. I understand that a signed logbook does not provide proof of dive certification. Without evidence of certification at check-in, I acknowledge that I will not be able to join the diving activity and will be charged all costs of the booked activities. 2. I understand that there are conservation laws and will not take any marine life, chase, or harass or touch or damage the environment. I know and obey local dive laws and regulations, including fishing laws. 3. I am aware of the risks Inherent in this sport and accept these risks. I also understand that in this diving trip, I will be at remote sites and that there will not be immediate medical care or hyperbaric care available to me, and I expressly assume the risk of diving in such a remote spot. 4. I understand that even though I follow all the appropriate safe diving practices, there is still some risk of me sustaining decompression sickness (DCS), embolisms or other hyperbaric injuries, and I expressly assume the risk of said injuries. I am not flying in an airplane or going to a mountain or drive over an elevated mountain road passage for the next 24 hours following a dive. 5. I maintain good mental and physical health and fitness for diving. I acknowledge that I am mentally and physically fit to scuba dive/snorkel/freedive, and I will not hold the above listed individuals/agencies responsible if I am injured as a result of heart, lung, ear or circulatory problems or other illnesses that occur during the activities. If I do not feel well, I will not dive and I understand the cancellation policy will apply. 6. I avoid being under the influence of alcohol or drugs or any drugs contradictory when diving. If I am taking medication, I affirm that I have seen a physician knowledgeable of diving and hyperbaric medicine and have approval to dive while under the influence of the medication. 7. I am proficient in diving skills, striving to increase them through continuous education and reviewing them in controlled conditions after a period of diving inactivity and refer to my course materials to stay current. For wreck diving activities, a minimum of 40 dives logged and Advanced Open Water Certification (or equivalent within the RSTC Council / ISO Standards) is required. In case I have not been diving for 90 days or longer before the planned diving activity, I agree that a familiarization dive in the house reef or on an easy shore dive site is obligatory and will be charged according to the price list. 8. I affirm that I breathe properly for diving. I never breath-hold or skip breathe when breathing compressed air and avoid excessive hyperventilation when breath-holding. I am aware of the dangers of breath holding while scuba diving, and I will not hold Morska Zvijezda Centar za Ronjenje d.o.o. and/or related entities such as employees, instructors, certified assistants, boat operators, booking agents or diver training agencies responsible if I am injured doing so. I avoid overexertion when in and underwater and dive within my limitations. 9. I am aware that I will be diving with a buddy and will adhere to the buddy system throughout every dive. Plan dives - including communications, procedures for search and reuniting in case of separation and emergency procedures - with my buddy. 10. I am proficient in dive planning (dive computer or dive table use). The use of a dive computer or bottom timer with depth gauge is required with no exceptions. All dives must be no-decompression dives and allow a safety margin. I assure myself that my dive computer is in working condition and correctly set up for the type of dive and breathing gases. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of no more than 12 meters per minute. Be a SAFE diver - Slowly Ascend From Every dive. Make a mandatory safety stop as an extra precaution, usually at 5 meters for three minutes or longer. 11. I will be familiar with dive sites. If not, obtain a briefing from a knowledgeable, competent person or engage a professional dive guide. It will be our responsibility to plan our dive, allowing for our diving limitations and the prevailing water conditions ACCORDING TO LOCAL LAWS AND REGULATIONS. I will not hold the above listed individuals and agencies responsible for my failure to safely plan my dive. The instructor may be required to act as an instructor if non-certified divers are present in which case is the instructor's sole responsibility. I acknowledge, that only I am myself responsible to monitor my air supply and stay within my limitations of training, health, and certification. Any dive leaders, guides, instructors participating are not responsible for my air supply and personal / general diving limitations. I will engage only in diving activities consistent with my training and experience. I will not engage in overhead, cavern, cave, or technical diving unless specifically trained, certified and agreed to do so. 12. I expressly assume the risk and accept all responsibility to plan my dive and dive my plan. I will return to the boat or beach with no less than 30 bar. I will be aware of currents. 13. I will listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. During activities, on the dive base or diving ship I will follow any agreements, directions and instructions given by employees or designated persons of Morska Zvijezda Centar za Ronjenje d.o.o. 14. I will maintain proper buoyancy. I will adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal and establish buoyancy when in distress while diving. Carry at least one surface signaling device (such as signal tube, whistle, mirror). 15. I will be aware, that some diving spots are within boat and yachting areas, and it is mandatory, to carry a signaling buoy according to local law. In case of emergency, I make sure to ascend close to the diving ship or shore to avoid any hazards of marine traffic! 16. I will use complete, well-maintained, reliable equipment which I am familiar with, and inspect it for correct fit and function prior each dive. I will have a buoyancy control device, low-pressure buoyancy control inflation system, submersible pressure gauge and alternate air source and dive planning/monitoring device (dive computer, RDP/dive tables) when scuba diving. I will deny uncertified divers the use of my equipment. I will notify any staff of Morska Zvijezda Centar za Ronjenje d.o.o. Vrsar ("Starfish Diving Center Vrsar") if any of my equipment is not working properly. I will not hold the above listed responsible for my failure to inspect my equipment prior to diving or departure. I understand if I am using my own diving gear, and something malfunctions with my dive gear at the dive site, I will not be refunded for the dives not completed. 17. I understand and agree that any equipment provided to me by the above listed individuals/agencies is to be returned upon my completion of diving. Any equipment that is provided to me and becomes lost or damaged throughout the course of this activity will be paid for by me at full retail replacement cost - this also applies if I do any technical changes or maintenance on rental equipment. Urinating in rental diving suit is prohibited and will result in buying the diving suit at retail price. 18. I will not hold the above listed individuals/agencies responsible for any loss or damage whatsoever to any of my equipment or personal belongings which I choose to bring. I understand that the equipment rooms are open throughout opening hours and cannot be surveilled or controlled. This includes any damage or loss incurred in or out of the water, caused by negligence or gross negligence, active or passive. If something is found it will be held at the diving center for a period of seven days and then given to charity if no one has spoken for it. 19. I understand that if the dive guide or instructor is providing photographic services, he/she is considered solely a photographer and not a guide. I also understand that the purpose of the instructor, captain and crew is not to perform rescues. 20. I understand and agree that dive sites will be selected based on prevailing weather and sea conditions in accordance with the captain or instructor's best judgement and that alternate locations may be selected when deemed necessary. In the event that the activity is canceled by the instructor / captain, customer(s) will be refunded 100%. 21. I affirm that I am not under pressure to sign and initial this agreement and statement of understanding, and that after doing so and paying for my diving activity, I have purchased the activity, whether I have paid cash, credit card or bank transfer I will guarantee the vendor all payments due for services. 22. Customer(s) wishing to cancel or reschedule activity must provide 72 hours notice to Morska Zvijezda Centar za Ronjenje d.o.o. Vrsar ("Starfish Diving Center Vrsar"). Between 72 hours and 24 hours, 50% refund will be given. Within 24 hours NO REFUNDS WILL BE GIVEN FOR CANCELLATIONS BY CUSTOMER FOR ANY REASON, like when alternative dive site(s) are selected for any reason such as weather or group organization or personal reasons like ear trouble, seasickness, sickness before, during or after diving! 23. I understand the importance and purposes of the above established practices. I recognize they are for my own safety and well-being, failure to adhere to them can place me and others in jeopardy when diving. Liability Release and Assumption of Risk Agreement I, by this instrument do exempt and release (not limited to the following) my instructor(s), the facility through which I received my instruction, Morska Zvijezda Centar za Ronjenje d.o.o., SSI and ALL RELATED ENTITIES AS DEFINED OR UNDEFINED, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, including, but not limited to negligence, whether passive or active and shall include released parties. I have fully informed myself of the contents of this liability release and express assumption of risk by reading it before I signed it on behalf of my heirs and myself. I further acknowledge I will be financially responsible with respect to payment for services rendered by entities. I personally guarantee payment by cash, credit card or bank transfer regardless of locations, weather, ear trouble, seasickness, sickness, or any other factor, which might arise before, during or after diving. By signing this release, I have purchased activity or service and understand no refunds will be considered whatsoever. I understand this contract supersedes any and all previous agreements I have made with Morska Zvijezda Centar za Ronjenje d.o.o. or third parties like my credit card company or insurance company. I understand and agree that SSI ("Scuba Schools International") Members (“Members”), including Morska Zvijezda Centar za Ronjenje d.o.o. and/or any individual Instructors and Divemasters associated with the program in which I am participating, are licensed to use various SSI and other vendor Trademarks and to conduct training, but are not agents, employees or franchisees of SSI Scuba Schools International or other respect vendors, brands. I further understand that Morska Zvijezda Centar za Ronjenje d.o.o. business’ activities are independent and are neither owned nor operated by SSI or other Brands. While SSI establishes the standards for diver training programs, it is not responsible for, nor does it have the right to control the operation of Morska Zvijezda Centar za Ronjenje d.o.o. activities and the day-to-day conduct of SSI programs. I further agree on behalf of myself, my heirs, and my estate that in the event of an injury or death during any activities, neither I nor my estate shall seek to hold SSI liable for any actions. I herby affirm that I am aware that freediving, skindiving, and scuba diving have inherent risks which may result in serious injury or death. I understand that diving with compressed air involves certain inherent risks, including, but not limited to decompression sickness (DCS), embolisms or other hyperbaric / air expansion injuries. I also understand that freediving, skindiving and scuba diving are physically strenuous activities and that I will be exerting myself during this trip or program, 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 further state that I am of lawful age and legally competent to understand and sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have singed 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 is 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 I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties. In case any court or legal action is involved, it is agreed that only the federal court in Zagreb, Croatia, will be the place of legal action and all croatian local laws apply. I HAVE FULL INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS: I, BY THIS INSTRUMENT DO EXEMPT AND RELEASE MORSKA ZVIJEZDA CENTAR ZA RONJENJE D.O.O. AND ALL RELATED ENTITIES AS DEFINED ABOVE FROM ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH CAUSED BY NEGLIGENCE. PASSIVE OR ACTIVE. I UNDERSTAND THAT I HAVE PURCHASED ACTIVITY OR SERVICE. I UNDERSTAND THIS CONTRACT SUPERSEDES ALL PREVIOUS OR OTHER CONTRACTS AND AGREEMENTS WITH THIRD PARTIES. I Agree that I understand all of the above contents and fully agree to them.
September 14, 2024
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