BOAT TRAVEL AND SCUBA DIVING VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK
Please read carefully, initial, and fill in all blanks before signing below.
I hereby affirm that I am a certified diver or a student under the control and supervision of a certified SCUBA instructor and that I thoroughly understand the potential risks of SCUBA diving including those hazards occurring during boat travel to and from the dive site. I understand that these hazards include, but are not limited to: decompression sickness, lung expansion injuries, drowning, 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 injuries, death, or perils of the sea. I understand and am aware that SCUBA diving can be a dangerous and physically demanding activity. I certify that I am fully aware of and expressly assume these and all other risks involved in making such a dive or dives, whether conducted as a recreational dive, specialty 3 tank charter, night dive, or as part of a diving class. Diving with compressed air involves certain inherent risks; decompression sickness, embolism or other hyperbaric injury can occur that require treatment in a recompression chamber. Open water scuba diving trips may be conducted at a site that is remote, either by time or distance, from such a recompression chamber. At this time the closest hyperbaric treatment center in the State of Hawaii is at the University Health Partners - Hyperbaric Treatment Center at the Kuakini Medical Center in Honolulu.
I understand and agree that neither the Captain, Crew members and Instructors of Seasport Divers, nor Seasport Divers or Kainani Corp., the vessel, owners, officers, employees, agents, or assigns of the above listed individuals and/or entities (herein-after "Released Parties") may be held liable or responsible in any way for any occurrence on this dive trip which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this boat trip and SCUBA dive(s) or as a result of the negligence of any party, including Released Parties, whether passive or active.
I declare that I am in good mental and physical fitness for diving, and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contraindicated to diving. If I am taking medication, I declare that I have seen a physician and have approval to dive while under the influence of the medication/drugs.
Possible Changes- I understand that the scheduled charter destinations are subject to weather and conditions, and Seasport Divers or Kainani Corp. reserve the right to cancel charters or change destination at any time. I further understand that some charters or activities may be cancelled at any time due to lack of sufficient participation.
Certified Diver Warranty of Skill Level- If I am a participating in a dive charter as a certified diver, I warrant that I have at least the same knowledge and skill level as that of a newly certified Open Water diver. I further understand that any underwater guide service provided by Kainani Inc. dba Seasport Divers is done so solely to enhance my enjoyment and not because such guidance is required to compensate for lack of ability on my part.
Altitude Considerations: Helicopter Tours, Driving to Koke'e / Waimea Canyon Wait a minimum surface interval of 12 hours for a single dive: 18 hours for multiple dives before flying after diving. If you plan to make daily, multiple dives for several days or make a dive requiring an emergency decompression stop, take a special precaution — it's recommended that you extend the surface interval to a minimum 24 hours prior to flying after diving. There is currently no recommendation for driving to altitude after diving. Conservatism is prudent.
I, BY THIS INSTRUMENT, DO HEREBY 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 ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THIS BOAT TRIP AND SCUBA DIVE(S), AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS. WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR PRODUCT LIABILITY.
Photo and Video Release Form
I acknowledge that photos and/or videos taken by Seasport Divers, the Professional Staff of Seasport Divers, or any representative of Kainani Inc. DBA Seasport Divers, may include me. I hereby grant the right and permission to copyright and/or use and/or publish and republish, broadcast and rebroadcast, and/or distribute and redistribute photos and/or videos, in whole or in part, of me made on or about the date above, to the photographers, videographers, or their companies, as appropriate, for use in articles, advertising, Facebook photo-tagging, or for any other purposes in printed, electronic or any other media including, but not limited to, Facebook, magazines, books, newsletters, web sites, CD-ROMs, DVDs, tapes and other forms of still and/or motion media, including media that may not exist currently, but that is developed in the future. Such use may be worldwide. I further grant such individual or company the right to transfer and/or assign this right and permission, permanently or temporarily, to any person, agent, entity or company in connection with said purposes. I acknowledge that the photograph(s)/video(s) may be altered, enhanced or edited through photographic or computer methods.
I understand that no payment will be paid to me now or in the future. I agree that copyright ownership of any photos, video, or other media resulting from this agreement shall be owned by the individual or company, as appropriate, taking the picture, video, or other media.
I hereby warrant that I am of full age and competent to contract in my own name in so far as the contents of this release are concerned; or, if the person is under age 18, that I am the parent or legal guardian of said minor and I have the legal right to sign this agreement on the minor's behalf. I have read the above and I frilly understand its contents.
Dated: September 21, 2023
THANK YOU FOR COMING OUT WITH US.
WE HOPE YOU HAVE A WONDERFUL TIME AND WILL COME BACK SOON!