Voluntary Release, Waiver And Assumption Of Risk Agreement By Signing This Document I Am Giving Up My Right To Sue
I hereby affirm that I am a passenger, snorkeler, certified diver, or a student diver under the control and supervision of a certified scuba instructor. I thoroughly understand the hazards of snorkeling/ scuba diving and those hazards occurring during boat travel to and from the dive site. I understand that these hazards include, but are not limited to, air expansion injuries, drowning, decompression sickness, 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. By signing this release, I certify that I am fully aware of and expressly assume these and all other risks, whether foreseen or unforeseen, involved in participating in this excursion, whether conducted as a recreational dive or snorkel or part of a diving class. I understand and agree that neither XXX Extreme Diving Services, Inc., Sail Fish Scuba, nor the staff, nor the crew or owner of the vessel, nor Deeper, the vessel, nor PADI Americas, Inc., nor the owners, officers, employees, agents or assigns of the above listed individuals and /or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence on this Excursion which may result in personal injury, property damage, wrongful death or other damage 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 negligence of any party, including the Released Parties, whether passive or active.
I understand past or present medical conditions may be contraindicative to my participation in this Excursion. 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 contraindicative to water activities.
I also understand that skin diving 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 will inspect all of my equipment prior to this Excursion and will notify the Released Parties, or my instructor if I am a student diver in training, if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving. I understand and agree it is my responsibility to verify the quality and quantity of air/gas in my cylinder prior to diving.
I hereby state and agree that this Agreement will be effective and valid for all activities associated with this Excursion for the dates listed below. I further state that I am of lawful age and legally competent to 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 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 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 stopped from claiming otherwise because of my representations to the Released Parties.
By this instrument, I agree to exempt and release all Released Parties as identified above from all liability and responsibility whatsoever 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 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.
I understand & agree that any/all law suits will only be filed and hearings held in Monroe County, Florida.
Waiver Effective Dates: February 6, 2023
FREE PHOTOS: We are NOT professional photographers & we do NOT SELL photography. Free memory souvenir for our guests, Post tour: view/save/print/share from: https://blog.sailfishscuba.com/
Permission to Photograph and Use Image Content:
I grant XXX Extreme Diving Services, Inc., Sail Fish Scuba, its representatives, and employees (known as “Released Parties”) the right to take photographs/videos of me during my dive/snorkel/kayak tour/instruction.
By signing this form, I consent to all use of any photographs, videos or other likeness of me taken/recorded during my visit by the Released Parties. Such uses may include, but not likely (but are not limited to) every use in a publication, newspaper, advertisement, web site, social media outlet, television show or other publication or recording.
I waive any right to compensation for such uses or to inspect or approve the uses beforehand. I absolve the Released Parties acting under this permission or authority, from any liability for any blurring, distortion, alteration or optical illusion that may occur with these pictures.
NO DRUGS ON USCG Inspected Vessels: Even with Medical Script, illegal drugs are not permitted onboard.
* I do NOT have in my possession any illegal drugs, nor am I taking or under the influence of any illegal drugs at time of this activity.
* I am not taking any drugs legal or illegal which could cause an adverse reaction as a result of combining such drugs/medications with any/all boating/water activities.
* I agree neither myself nor any family members will hold XXX Extreme Diving Services, Inc. OR Sail Fish Scuba responsible in any way for any illness or injury I may encounter during my time on their property, boat, tours.
* I fully understand it is a FEDERAL OFFENCE to bring on board a USCG Safety Inspected boat ( DEEPER ) or any (Boarding Pass Boat) any illegal drugs.
* I fully understand the USCG/FWC/Marine Police Units/Boarder Patrol/and any/all other US Government Agencies have full authority at anytime to stop our boat during a tour, come aboard and without warrant or just cause ( by Marine Law ) search entire boat, all persons on board and all property of persons on board. If found with possession of any illegal drugs, I fully understand I will be immediately turned over to the Authorities and will need provide my own legal counsel.