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General Liability Release / Snorkeling Waiver

WAIVER, RELEASE, AND EXPRESS ASSUMPTION OF RISK

PLEASE READ CAREFULLY, IF ANY QUESTIONS ARISE, ASK THEM BEFORE SIGNING, FILL IN, AND INITIAL EACH PARAGRAPH BEFORE SIGNING AT THE BOTTOM.

I, HEREBY AFFIRM THAT I HAVE BEEN ADVISED AND THOROUGHLY INFORMED OF THE INHERENT HAZARDS OF SNORKELING ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE INFORMATION WHICH I HAVE READ SET OUT BELOW. 

l STATE THAT I AM OF LAWFUL AGE, AT LEAST EIGHTEEN YEARS, AND LEGALLY COMPETENT TO SIGN THIS LIABILITY RELEASE, OR THAT I HAVE ACQUIRED THE WRITTEN, NOTARIZED CONSENT OF MY PARENT OR GUARDIAN. 

l UNDERSTAND AND AGREE THAT NEITHER THE FACILITY KNOWN AS DEVIL'S DEN L.L.C. NOR THE LANDOWNER D.D DIVING INC. NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUCCESSORS IN INTEREST, OR ASSIGNS, (ALL OF WHOM REFERRED TO ABOVE THEY ARE HEREIN BELOW DESIGNATED AS "RELEASED PARTIES") MAY NOT BE HELD LIABLE OR ASSIGNS, THAT MAY OCCUR AS A RESULT OF MY PARTICIPATION IN SNORKELING ACTIVITIES OR AS A RESULT OF THE NEGLIGENCE OF ANY PARTY, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES THEMSELVES WHETHER PASSIVE OR ACTIVE. 

l FURTHER AGREE TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS SAID RELEASED PARTIES OR INSTRUCTORS FROM ANY CLAIM OR LAWSUIT BY ME, ANYONE PURPORTING TO ACT ON MY BEHALF, MY FAMILY, ESTATE, HEIRS OR ASSIGNS, ARISING DIRECTLY OR INDIRECTLY OUT OF MY ENROLLMENT AND PARTICIPATION IN A CLASS OR SNORKELING ACTIVITY. 

l ALSO UNDERSTAND THAT SNORKELING ACTIVITIES ARE PHYSICALLY STRENUOUS AND THAT I WILL BE EXERTING MYSELF DURING THIS ACTIVITY, AND THAT IF I AM INJURED AS A RESULT OF HEART ATTACK, PANIC, HYPER VENTILATION, DROWNING, ETC. I EXPRESSLY ASSUME THE RISK OF SUCH INJURIES AND I WILL NOT ATTEMPT TO CLAIM, TO HOLD THE ABOVE IDENTIFIED RELEASED PARTIES RESPONSIBLE FOR THE SAME; AND I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SAID AND RELEASED PARTIES FOR ANY SUCH INJURIES INCURRED BY ME. 

l UNDERSTAND THAT I MAY BE REQUIRED TO RENT OR FURNISH MY OWN EQUIPMENT AND THAT I AM RESPONSIBLE FOR ITS OPERATING CONDITION AND MAINTENANCE.

I UNDERSTAND THAT ANY NON-DIVING ACTIVITIES SUCH AS SWIMMING, CAMPING, HIKING, VOLLEYBALL, ETC CAN OR COULD RESULT IN INJURY AND I HEREBY PERSONALLY ASSUME ALL RISKS FOR ANY HARM, INJURY OR DAMAGE THAT MAY OCCUR WHILE I AM AT DEVIL'S DEN L.L.C. RESORT OR ON THE PREMISES OF D.D. DIVING INC.. 

I UNDERSTAND THAT THERE IS THE POSSIBILITY OF FALLING ROCKS DUE TO A NATURAL GEOLOGICAL FORMATION. 

lF THE FACILITY TAKES OR IS PRESENTED WITH A PICTURE OF ME I AUTHORIZE THE FACILITY TO USE IT FOR WHAT EVER PURPOSE IT SEE'S FIT, INCLUDING MARKETING AND PROMOTIONAL EFFORTS. 

I UNDERSTAND THAT THESE TERMS OF THIS WAIVER, RELEASE, AND EXPRESS ASSUMPTION OF RISK ARE CONTRACTUAL AND NOT A MERE RECITAL AND THAT I HAVE SIGNED THIS DOCUMENT OF MY OWN FREE WILL. 

l FURTHER UNDERSTAND AND AGREE THAT IN THE EVENT THAT ONE OR MORE OF THE PROVISIONS OF THE WAIVER AND RELEASE, FOR ANY REASON, IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE IN ANY RESPECT, SUCH INVALIDITY, ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISION HEREOF; AND THIS WAIVER AND RELEASE SHALL BE CONSTRUCTED AS IF SUCH INVALID, ILLEGAL OR UNENFORCEABLE PROVISION OR PROVISIONS HEREOF HAD NEVER BEEN CONTAINED HEREIN. 

 lT IS MY INTENTION BY THIS INSTRUMENT TO WAIVE, DISCHARGE AND RELEASE THE RELEASED PARTIES, (AS DEFINED ABOVE) FROM ANY AND ALL LIABILITY OR RESPONSIBLY WHATSOEVER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHER LOSS, HOWEVER CAUSED, OR THAT MAY RESULT FROM DIRECTLY OR INDIRECTLY, THE NEGLIGENCE OF THE RELEASED PARTIES THEMSELVES, WHETHER PASSIVE OR ACTIVE. 

l HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS WAIVER, RELEASE, AND EXPRESS ASSUMPTION OF RISK BY READING IT CAREFULLY BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS. CAUTION, PLEASE READ WAIVER IN ITS ENTIRETY BEFORE SIGNING. 

April 12, 2024

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