Diver Release Form

DIVER SERVICES AGREEMENT AND RELEASE

Operator Name:     Address:

Diver Name:     DOB:

Emergency Contact:     Phone:

RECITALS

WHEREAS, Operator is engaged in providing professional diving services, instruction, transport and equipment rental in connection with commercial, recreational and instructional diving activities; and

WHEREAS, Diver desires to engage Operator to provide diving services and/or equipment and acknowledges the inherent risks involved in underwater activities; and

WHEREAS, the parties wish to set forth their respective rights and obligations, including an express assumption of risk, release of liability, and payment obligations, in a written agreement.

SCOPE OF WORK

ASSUMPTION OF RISK, WAIVER AND RELEASE

Diver acknowledges that diving and related activities involve significant risks, including but not limited to drowning, decompression sickness, arterial gas embolism, physical injury, equipment failure, and hazards of marine life. Diver voluntarily assumes all known and unknown risks associated with participation in any diving activity arranged or provided by Operator.

In consideration of Operator providing services and/or equipment, Diver, on behalf of Diver and Diver's heirs, assigns, and personal representatives, hereby releases, waives, discharges and covenants not to sue Operator, its owners, employees, agents, representatives, contractors and insurers (collectively, Released Parties) from any and all liability, claims, demands, causes of action or losses for personal injury, death, property damage or economic loss arising out of or related to Diver's participation in diving activities, whether caused by negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

INDEMNIFICATION

Diver shall indemnify, defend and hold harmless the Released Parties from any claims, suits, liabilities, damages, losses or expenses (including reasonable attorney's fees) arising from Diver's negligent or intentional acts, failure to follow safety instructions, failure to disclose relevant medical conditions, or breach of this Agreement.

MEDICAL REPRESENTATIONS

Diver represents that Diver is physically fit and medically able to dive, has no medical condition that would create a hazard to Diver or others while diving, and has disclosed all relevant medical history to Operator. Diver acknowledges that Operator may require medical clearance from a qualified physician prior to participation.

EQUIPMENT RENTAL AND CONDITION

Diver acknowledges responsibility for care and safe use of rented equipment. Diver accepts equipment "as inspected" and warrants that Diver has advised Operator of any concerns. Diver agrees to pay repair or replacement costs for damage caused by misuse beyond ordinary wear and tear.

PAYMENT TERMS

Fee Amount: $     Payment Schedule:

Late Fee:     Currency:

All fees are payable in accordance with the payment schedule. Failure to pay amounts when due shall permit Operator to suspend services and recover costs and collection expenses, including reasonable attorney's fees.

TERM AND TERMINATION

Commencement Date:     Completion/End Date:

Either party may terminate this Agreement for convenience with prior written notice of days. Operator may immediately terminate in the event Diver's conduct, medical condition, intoxication, or failure to comply with safety instructions presents a safety hazard.

CONFIDENTIALITY

Each party agrees to hold confidential any proprietary or non-public business information disclosed during the provision of services and not to disclose such information except with prior written consent or as required by law. Confidentiality obligations do not extend to information that is publicly available or independently developed.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction where the primary operations are conducted, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the competent courts in that jurisdiction for disputes arising under this Agreement.

ENTIRE AGREEMENT

This document, including any schedules or written amendments signed by both parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. Any modification must be in writing and signed by both parties.

ACKNOWLEDGMENTS

By signing below, Diver certifies that Diver has read this Agreement in full, understands its terms, and voluntarily agrees to be bound. Diver acknowledges the opportunity to ask questions and seeks independent advice if desired.

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