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WAIVER AND RELEASE OF LIABILITY

FOR ANY INJURY OR DEATH AND ASSUMPTION OF RISKS

Please read this document carefully

This document must be signed by an adult of at least eighteen years of age

The individual named below desires: (a) to use or be granted access to AquaLife Divers Inc. (“Boat”) owned or operated by AquaLife Divers Inc. or such other entity or entities which may be owned, directly or indirectly, by AquaLife Divers Inc.; (b) to participate in scuba diving trips, snorkeling, scuba camps, and /or other types of events (collectively, “Events”) which may take place on the Boat or are otherwise sponsored by or involve AquaLife Divers Inc. or AquaLife Divers Inc.’s officers, directors, employees, contractors, agents, landlords and property managers (together with AquaLife Divers Inc., collectively, “Released Parties”); and/or (c) to engage in scuba diving, snorkeling, other water/boating activities, spearfishing dive trips, or any of the various other types of activities (collectively, “Activities”) which may take place on the Boat or are otherwise sponsored by or involve AquaLife Divers Inc. or any of the other Released Parties. All references to the “Boat” throughout this Waiver and Release of Liability For Any Injury Or Death And Assumption Of Risks (“Release”) includes marina, boat dock, and spaces on the Boat, the exterior of the Boat, and the parking lot of the Boat. For purposes of this Release only, I agree that the “Events” and “Activities” span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be.

In consideration for AquaLife Divers Inc. permitting me to use the AquaLife Dive Boat to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release.

A. I WAIVE AND RELEASE AQUALIFE DIVERS INC. FROM MY DEATH AND ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE BOAT, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:

I agree to release and discharge AquaLife Divers Inc. and the other Released Parties from my death and from and against any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Boat; (ii) the participation in Events sponsored by or involving the Boat, AquaLife Divers Inc. or any of the other Released Parties; (iii) the engagement in the Activities sponsored by or involving the Boat, AquaLife Divers Inc. or any of the other Released Parties; (iv) the interaction with any of the Released Parties; or (v) the placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties.


B.    I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE BOAT, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:

In addition to my waiver and release of the Released Parties from any loss, damage, expense, action, claim, liability, injury or death, I understand that there are significant elements of risk associated with participation in the Events and engagement in the Activities that may be sponsored by or otherwise involve the Boat, AquaLife Divers Inc. or any of the other Released Parties. Certain risks cannot be eliminated without destroying the unique character of the Events or the Activities. The same elements that contribute to the unique character of the Events and the Activities can be causes of accidental injury, illness, or in extreme cases, permanent disability, trauma or death.

I acknowledge that using the Boat, participating in the Events and engaging in the Activities sponsored by or involving the Boat, AquaLife Divers Inc. or any of the other Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow the AquaLife Divers Inc. safety instructions or recommendations, such as those pertaining to Boat rules and regulations, or involving my choice of diving equipment to use or whether or not to use any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Boat, participating in Events, and/or engaging in the Activities sponsored by or involving AquaLife Divers Inc. or any of the other Released Parties.

C.       I AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES:

I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Boat, participating in Events, and/or engaging in Activities sponsored by or involving AquaLife Divers Inc. or any of the other Released Parties, including any loss, damage, liability, claim and expense arising out of AquaLife Divers Inc.’s own negligence. I understand that this Section means that I will have to reimburse AquaLife Divers Inc. for any losses, damages, liabilities, claims, costs, attorneys’ fees or expenses sustained by AquaLife Divers Inc. as a result of my using the Boat, participating in Events, and/or engaging in Activities sponsored by or involving AquaLife Divers Inc. or any of the other Released Parties.

D.        I WAIVE MY RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW, ETC.:

I SPECIFICALLY WAIVE (AND AquaLife Divers Inc., BY ITS ACCEPTANCE HEREOF WAIVES) THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT BY OR AGAINST AquaLife Divers Inc. OR ANY OF THE OTHER RELEASED PARTIES.

The laws of the State of Florida shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and either AquaLife Divers Inc. or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in the state where the Boat is located or where an Event or Activity took place. This Release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below-named “Participant” use the AquaLife Divers  Boat, participate in an Event, and/or engage in an Activity sponsored by or involving AquaLife Divers Inc. or any of the other Released Parties.

E.        I PERMIT THE USE OF MY LIKENESS:

I acknowledge and agree that AquaLife Divers Inc. reserves the right to use any photograph taken at the Boat, during Events, or in connection with any of the Activities involving AquaLife Divers Inc. or any of the other Released Parties in connection with AquaLife Divers Inc.’s promotional materials, brochures and website.

I HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS.

THIS RELEASE IS A BINDING LEGAL CONTRACT.

PLEASE READ IT CAREFULLY BEFORE SIGNING.

 

By checking this box I agree to have read and agree to the legal agreement above.


Today's Date: December 8, 2022

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's 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*
Parent or Guardian's Certified Diver Status
Are you a certified scuba diver?*
Snorkeler / Bubble Watcher
Yes - Enter your certificate below
Scuba Student

Enter Certification Number

Date of last dive
DAN Scuba Insurance?*
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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