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Diving Instruction Agreement

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DIVING INSTRUCTION AGREEMENT

Agreement Date:

Parties

Recitals

WHEREAS, Instructor is duly certified, experienced and authorized to provide recreational and/or professional scuba diving instruction and related services; and

WHEREAS, Client desires to receive diving instruction, practical training, and supervised dives from Instructor under the terms and conditions set forth herein; and

WHEREAS, the parties wish to set forth their respective rights and obligations in writing to govern the instruction, safety obligations, payment, and liability allocation between them.

Scope of Work

Instructor will provide diving instruction, supervised confined-water training, open-water training dives, use of specified equipment, and related safety briefings in accordance with recognized recreational diving standards agreed by the parties. Instructor shall determine curriculum, training progression, and minimum competencies required for certification or completion.

Payment Terms

Client shall pay Instructor the total fee set forth below in consideration for the instruction and services provided. All payments are due in U.S. dollars unless otherwise agreed in writing.

Refunds and cancellations: Deposits are non-refundable except where Instructor cancels a scheduled course. If Client cancels with at least days' notice, any balance may be refundable at Instructor's discretion less administrative fees. Refund policy specifics must be agreed in writing.

Term and Termination

This Agreement commences on the Start Date indicated below and continues until the End Date or until the services described in the Scope of Work are completed, unless earlier terminated under this Section.

Start Date:    End Date:

Either party may terminate this Agreement for convenience upon providing written notice to the other party at least days prior to termination. Instructor may immediately suspend or terminate services for Client's failure to comply with safety directives, false medical declarations, intoxication, or material breach of this Agreement.

Health, Medical and Insurance

Client represents and warrants that Client is physically and mentally fit to participate in diving instruction. Client must disclose to Instructor, prior to any training, any medical conditions, medications, or impairments that may affect diving safety.

Client is advised to obtain medical clearance where required. Client is responsible for maintaining any personal health and dive insurance and for any medical costs resulting from diving activities.

Assumption of Risk; Release; Indemnity

Diving involves inherent risks including but not limited to drowning, decompression sickness, barotrauma, drowning, hypothermia, equipment failure, and other injuries. Client acknowledges that diving instruction includes both confined and open-water activities with attendant hazards.

By signing below, Client expressly assumes all risks associated with participation in diving instruction and related activities, whether known or unknown, and releases, waives and discharges Instructor, Instructor's employees, agents, and affiliated entities from any and all liability, claims, demands, or causes of action arising from Client's participation, except for intentional misconduct or gross negligence of Instructor.

Client agrees to indemnify, defend, and hold harmless Instructor from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Client's negligence, breach of this Agreement, or failure to follow safety instructions.

I have read, understand, and accept the assumption of risk, release, and indemnity provisions above.

Confidentiality

Each party agrees to keep confidential all non-public business, medical, training, and personal information obtained in connection with this Agreement, and to use such information solely for the performance of this Agreement. Confidential information does not include information that is or becomes generally available to the public other than through a breach of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles. Venue for any dispute shall be in the state or federal courts located in that state.

Entire Agreement

This Agreement, including any written attachments or addenda executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings. Any modification must be in writing signed by both parties.

Instructor / Provider:

By:

Date:

Client:

By:

Date:

Enter text✕

What the Diving Instruction Agreement Is and Why It Matters

The Diving Instruction Agreement is a written contract used between a certified dive instructor or dive operator and a student or client to set expectations, define services, and allocate risk. It typically describes course scope, required certifications and prerequisites, equipment responsibilities, payment terms, cancellation and rescheduling policies, medical disclosures, and emergency procedures. The agreement also contains liability waivers, acknowledgment of inherent risks in scuba or freediving activities, and the signatures and dates that demonstrate consent. Properly completed, it documents consent and supports insurance and regulatory compliance.

Why a Clear Agreement Protects Both Instructor and Student

A clear Diving Instruction Agreement reduces ambiguity about services, clarifies participant responsibilities, and documents informed consent and health disclosures. It helps manage liability exposure, supports insurance claims, and establishes terms for payment, cancellations, and incident procedures in a legally defensible written record.

Why a Clear Agreement Protects Both Instructor and Student

Who Typically Completes a Diving Instruction Agreement

Dive operators, instructors, dive shops, tour operators, and training agencies use this agreement to document instruction and participant consent.

  • Recreational scuba instructors documenting certification level, course syllabus, and emergency protocols.
  • Dive shops and liveaboard operators recording equipment rental terms and damage liability.
  • Parents or guardians signing waivers for minor participants or medical disclosure acknowledgments.

Use consistent templates, obtain all required signatures and witness acknowledgments, and retain executed copies for insurance, regulatory, and operational records.

Core Sections to Include in a Professional Agreement

Essential sections in a Diving Instruction Agreement define scope, health disclosures, equipment responsibilities, payment, cancellation, and liability allocation and emergency procedures.

Course scope

Describe training level (e.g., Open Water, Advanced), number of sessions, classroom vs water time, certification goals, maximum student-to-instructor ratios, and any prerequisites required before participation.

Medical disclosure

Require disclosure of medical history and conditions that affect diving fitness; include screening questions, fitness-for-diving statement, and participant affirmation of truthfulness.

Equipment terms

Specify which equipment is provided, renter responsibilities for care and replacement costs, inspection procedures, and proficiency requirements for personal gear.

Payment & fees

Detail course price, deposit amount, refund and cancellation policies, no-show fees, and conditions for prorated refunds or rescheduling.

Liability waiver

Clear, unambiguous waiver language acknowledging inherent risks, limits on liability, indemnification clauses, and any local statutory limitations on waivers.

Emergency procedures

Outline emergency contact details, evacuation plan, recompression arrangements, medical transport responsibilities, and incident reporting protocols for accidents.

Step-by-Step: Completing the Agreement Before Diving

Follow these steps to prepare and complete a Diving Instruction Agreement before any water activity.

  • 01
    Gather info: Collect participant details, medical disclosures, and certification history.
  • 02
    Review policies: Confirm cancellation, refund, and reschedule terms with participant.
  • 03
    Explain risks: Verbally review inherent risks and emergency procedures.
  • 04
    Obtain signatures: Have participant sign, date, and initial required sections.

Typical Digital Routing from Signing to Storage

Typical routing for the Diving Instruction Agreement from preparation to archival involves clear signatory steps and record capture.

  • Upload document: Prepare final PDF and upload to platform.
  • Place fields: Add signature, initial, date, and checkbox fields.
  • Signer authentication: Choose email, SMS code, or ID verification.
  • Archive copy: Store executed PDF and audit trail securely.

Recommended Online Workflow Settings

Configure an efficient online workflow to collect signatures, capture disclosures, and retain completed agreements securely.

Field Configuration
Signer order Parallel or sequential signer routing.
Authentication Email, SMS code, or government ID.
Reminders Automatic email reminders schedule.
Storage Encrypted cloud storage with retention policy.

Platform Capabilities to Support Legal and Operational Needs

Ensure platform supports PDF, secure storage, detailed audit trails, and access controls required for legal defensibility and insurance needs.

  • File formats: PDF, DOCX, and HTML supported.
  • Integrations: Salesforce, NetSuite, Google Workspace available.
  • Authentication: Email, SMS, or advanced ID verification.

Security and Compliance Essentials for Stored Agreements

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
Certifications: SOC 2 Type II and ISO 27001 certified.
HIPAA: BAA available for protected health data.
21 CFR Part 11: Supports controls for FDA records.
ESIGN/UETA: Compliant with federal and state e-sign laws.
Accessibility: WCAG 2.0 Level AA conformance.

Principal Risks When the Agreement Is Incomplete or Incorrect

Injury liability: Civil claims or negligence suits.
Insurance denial: Coverage refusal for incomplete waivers.
Regulatory fines: Local licensing violations possible.
Minor consent issues: Invalid waivers without guardian signature.
Tax reporting: Misclassified payments risk IRS penalties.
Data breaches: Exposure of medical data triggers HIPAA fines.

Common Preparation Problems to Avoid

  • Ambiguous waiver or risk descriptions lead to disputes after incidents, complicating defense and increasing litigation costs and insurer scrutiny.
  • Failing to collect complete medical history can void waivers, hinder emergency care decisions, and raise negligence allegations against instructors.
  • Unsigned or undated agreements undermine enforceability and may prevent insurance coverage for incidents occurring during instruction.
  • Not retaining executed copies and audit logs can impede claims handling and regulatory responses years after an event.

Key Timing and Recordkeeping Deadlines

Timing considerations for Diving Instruction Agreements cover pre-course capture, retention, and deadlines for tax and regulatory reporting.

Before first lesson:

Agreement must be signed prior to any in-water activity.

Payment deadlines:

Deposit due per policy; full payment before certification dive.

Record retention:

Keep executed agreement per retention policy, often several years.

Insurance notice:

Notify insurer promptly of any incident per policy terms.

Tax reporting:

Record payments for contractor classification and 1099 reporting.

Selected eSignature Vendor Comparison for Managing Diving Agreements

Comparison of common vendor pricing and capabilities relevant to signing, sending, and retaining Diving Instruction Agreements. Confirm plan details directly with each vendor.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Frequently Asked Questions About Diving Instruction Agreements

Answers to common questions about completing, electronically signing, notarizing, and securely storing Diving Instruction Agreements for instructors and operators.


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