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Complete Liability Release and Assumption of Risk Agreement

and Equipment Rental Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES RESULTING FROM NEGLIGENCE.

Definitions

For purposes of this Agreement:

·     "All Diving Activities" means scuba diving, snorkeling, skin diving, free diving, and any related instruction, training, or supervised diving conducted in connection with Ocean's Eight Dive Company, LLC.

·     "All Boating Activities" means transportation to and from dive sites aboard dive vessel Sexy Walrus, boarding and disembarking the vessel, and any activities occurring on or around the vessel.

·     "Company" means Ocean's Eight Dive Company, LLC, its owners, crew, employees, agents, officers, whether named or not named, and dive vessel Sexy Walrus (whether owned, leased, or chartered).


Section 1: Release of Liability

By signing this Agreement, I agree to exempt and release the Company FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART.

1.    I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING, BUT NOT LIMITED TO: ACTIVE OR PASSIVE NEGLIGENCE WHICH MAY CAUSE PROPERTY DAMAGE, PERSONAL INJURY, PERSONAL ILLNESS, OR DEATH.


Section 2: Assumption of Risk

1.    I affirm that I am a good swimmer and in good health. I affirm that I am aware that boating, snorkeling, free diving, and scuba diving can be hazardous activities which may result in serious personal injury and death.

2.    I understand and acknowledge that diving, snorkeling, boating, and related water activities involve inherent risks that cannot be eliminated, regardless of the care taken by the Company. These inherent risks include, but are not limited to:

·     Drowning, near-drowning, and submersion injuries

·     Decompression sickness ("the bends"), air embolism, barotrauma, and other hyperbaric/air expansion injuries requiring treatment in a recompression/hyperbaric chamber

·     Marine animal encounters, including bites, stings, and contact injuries

·     Equipment failure or malfunction

·     Weather and sea conditions, including rough seas, currents, and reduced visibility

·     Collision with other vessels, objects, or the sea floor

·     Physical exertion and pre-existing medical conditions, including heart problems, heart attack, stroke, panic, hyperventilation, lung problems, or any other medical condition

·     Remote location of dive sites and delayed medical treatment

·     Perils of the sea, acts of fellow divers, and other boats

I VOLUNTARILY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ARISING FROM MY PARTICIPATION IN ALL DIVING ACTIVITIES AND BOATING ACTIVITIES.

3.    I am aware that the sole responsibility of the Company is to transport me to and from locations selected by them at their discretion, and that they are not responsible for my safety while I am on the boat, off the boat, or in the water.


Section 3: Scuba Diving Affirmations

If I am Scuba Diving:

a) I am by my signature affirming that I am a Certified Diver or a student diver under the direct supervision of an instructor. I have been trained and understand that scuba diving, snorkeling, skin diving, and free diving are hazardous activities with inherent risks and dangers associated therewith, including, but not limited to, risks associated with equipment failures, perils of the sea, acts of fellow divers, and other boats which could result in my serious injury or death. I understand that these risks can lead to severe injury and even loss of life. BY WAY OF MY SIGNATURE, I EXPRESSLY ASSUME ALL RISKS. I will not hold the Company responsible or liable for any illness or injury I incur while on the property of the Ocean's Eight Dive Company, LLC, or dive vessel Sexy Walrus, while I am scuba diving, snorkeling, skin diving, or free diving with the Company.

b) I assert that I am physically fit to participate in scuba diving, snorkeling, skin diving, and/or free diving. I understand, acknowledge, and affirm that scuba diving, snorkeling, skin diving, and free diving are physically strenuous activities.

c) If I am injured as a result of any medical conditions, heart problems, heart attack, stroke, panic, hyperventilation, lung problems, drowning, or any other cause of injury, I agree by way of my signature that I will not hold the Company responsible or liable.

d) I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs, alcoholic beverages, prescription medications, or medications that may impair my abilities.

e) Prior to leaving the dock, I will inspect all equipment and air/nitrox tanks to be used. I will notify the boat Captain and crew immediately of any equipment I find not functioning properly. I will take the necessary actions to resolve any issues with equipment prior to diving. I will not dive if any equipment is not functioning properly. Prior to scuba diving, it is my responsibility to have properly maintained gear necessary to scuba dive, including: mask, fins, snorkel, current BCD (no horse-collars, etc.), regulator with alternate second stage, pressure gauge or transmitter to monitor air, timing device (watch or computer), and safety surface marker buoy. I will not hold the Company responsible for my failure to inspect my equipment prior to diving.

f) I will be present and attentive during all safety briefings given by the boat captain or crew, and if there is anything that I do not understand or have been taught differently, I will notify the captain or crew immediately.

g) I understand and accept responsibility that I have an affirmative duty to plan and carry out my own dive, and I am responsible for my own safety and the safety of my dive buddy. I expressly agree that I will plan all my dives as no-decompression dives and complete at least a three-minute safety stop at 15 feet before ascending to the surface.

h) I fully agree to start a safe ascent at the end of each dive with enough air to guarantee a proper slow ascent, complete a three-minute safety stop, properly inflate my BCD when reaching the surface, and have a minimum of 500 PSI (34 Bar) remaining in my tank when I am back on board the vessel.

i) I will remain with my dive buddy at all times. I will follow all instructions of the boat crew. If I don't have a dive buddy, I will stay with the dive guide at all times. I understand it is my responsibility-and not the dive guide's-to monitor my time, gas supply, and ascent rate.

j) I will immediately abort my dive if: (1) I feel uncomfortable with my diving abilities; and/or (2) Diving conditions are worse than those for which I have been trained or for which I am comfortable.

k) I am fully aware and have been trained in the dangers, risks, and hazards of holding my breath while diving on compressed air and the dangers associated with rapid ascents. If diving as a free diver, I am aware of the dangers of shallow water blackout.

l) In the event I become distressed at the surface, I will immediately drop my weights/weight belt and inflate my Buoyancy Control Device. I understand and will give the proper "diver in distress" signal to receive assistance by the vessel, captain, or crew.

m) I acknowledge this diving charter is not for the sole purpose of taking, attempting to take, or possessing any marine life. I understand each diver is responsible for obtaining any individual licenses which may be required for such activity.


Section 4: Medical Acknowledgment and Emergency Authorization

I fully understand that All Diving Activities and Boating Activities may be conducted at a remote site by time and distance from a medical facility and hyperbaric chamber. I fully understand the boat has limited medical facilities and that in the event of my illness or injury, appropriate medical treatment will be delayed until I can be transported to a proper medical facility. I acknowledge that any added expenses for treatment and evacuation are my own.

Medical Authorization. In the event I am injured or become ill and am unable to consent to treatment, I authorize the Company, and its agents to arrange for emergency medical treatment, evacuation, and transportation as they deem necessary. I agree to be responsible for all costs associated with such treatment and evacuation.


Section 5: Waiver of Claims and Hold Harmless

By signing this document, it is my intention to give up all my rights to sue any person or entities referred to herein, whether specifically named or not named. It is also my intention to exempt and release the Company, and I agree to hold these entities harmless from any and all liability for personal injury of any kind, damage to personal property and equipment, or wrongful death caused by negligence on behalf of myself, heirs, and assigns, and I assume all risks in relation to All Boating Activities and All Diving Activities.

BY WAY OF MY SIGNATURE, I HAVE READ THE FOREGOING IN ITS ENTIRETY, I UNDERSTAND THIS IS A CONTRACT, FULLY UNDERSTAND THE CONTENTS WITHIN, AND AGREE TO THE TERMS AND CONDITIONS ABOVE ON BEHALF OF MYSELF, MY HEIRS, MY ESTATE, MY PERSONAL REPRESENTATIVES, AND ALL THIRD PARTIES.


Section 6: Indemnification

I agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, suits, judgments, and expenses (including reasonable attorneys' fees) arising out of or related to my participation in All Diving Activities and Boating Activities, including claims brought by third parties.


Section 7: Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. Any dispute arising under or relating to this Agreement shall be resolved exclusively in the state or federal courts located in the State of Florida, and I consent to the personal jurisdiction of such courts.


Section 8: Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.


Section 9: Photo and Video Release

I grant the Company the right to photograph, video record, and otherwise capture my likeness during All Diving Activities and Boating Activities. I consent to the use of such images for promotional, marketing, educational, or other lawful purposes without compensation.


Section 10: Minors

If the Participant is under the age of 18, the parent or legal guardian signing below represents and warrants that:

a) They are the legal parent or guardian of the minor Participant;

b) They have the authority to bind the minor Participant to this Agreement; and

c) They agree to indemnify and hold harmless the Company from any claims brought by or on behalf of the minor arising out of the activities described herein.

All minors must be accompanied by an adult at all times.


Section 11: Acknowledgment and Comprehension

By signing this contract, I hereby declare that I am of legal age and competent to sign this Agreement, or if not of legal age, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement.

I have signed this Agreement by my own free will and agree to waive my legal rights. I am not relying on any oral representation, written representation, or statements made by Ocean's Eight Dive Company, LLC, its owners, its employees, its agents, whether specifically named or not named, nor dive vessel Sexy Walrus (whether owned, leased, or chartered).

By executing this Agreement, I agree to hold the Company harmless from and against all claims or causes of action for any personal injury or illness, property damage, or loss of life which may occur during All Diving Activities and Boating Activities.

I HEREBY ASSUME ALL RISKS AND HAZARDS, I ASSUME ALL LIABILITY, AND AGREE TO ALL TERMS AND CONDITIONS PROVIDED IN THIS AGREEMENT. I HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT I, MY ESTATE, HEIRS, EXECUTORS, ASSIGNS, OR THIRD PARTIES MAY HAVE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF LIFE BASED UPON ANY NEGLIGENCE, ACTIVE OR PASSIVE, FORESEEN OR UNFORESEEN, WHICH ARISE FROM ALL DIVING ACTIVITIES AND BOATING ACTIVITIES.

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. I UNDERSTAND ITS TERMS AND CONDITIONS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR INJURIES RESULTING FROM NEGLIGENCE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE.

EQUIPMENT RENTAL AGREEMENT

Please return rental gear to the crew prior to departing the vessel. If any rental equipment is damaged or lost, the guest is responsible for full replacement.

By signing this agreement, I confirm that I have received rental gear, agree to return rental gear at the end of the trip, and will replace in full any damaged or lost equipment.

I agree to fully inspect rental gear prior to diving and will notify the captain and crew of any issues or concerns related to equipment usage. I agree to use rental equipment at my own risk and assume full responsibility and risks associated.

I agree to hold the Company harmless for any injury, illness, loss of life, my failure to use equipment in accordance with instruction, latent equipment defects, and my failure to inspect equipment.

I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.

If you do not understand anything contained in this agreement, please consult with the captain or an employee of the Company. A parental or guardian signature must be provided for all minors.

Today's Date: April 4, 2026

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Third Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Fourth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Fifth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Sixth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Seventh Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Eighth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Ninth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Tenth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Email me a copy of this document.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
Date of Dive/Activity:

Certification Agency, Number, & Level: *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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