Diving Safety Practices Document

DIVING SAFETY PRACTICES DOCUMENT

This Diving Safety Practices Document (the Agreement) is entered into effective as of by and between:

WHEREAS

1. WHEREAS, Dive Operator conducts commercial and/or recreational diving activities and maintains equipment, personnel, and emergency response resources necessary to perform diving operations safely and in compliance with applicable standards; and

2. WHEREAS, Client retains or participates in diving operations and requires documented, agreed-upon safety practices, training requirements, and incident management procedures to reduce risk to personnel, property, and the environment; and

3. WHEREAS, the parties desire to set forth, in writing, the scope, responsibilities, and operational controls for diving safety applicable to the activities described herein.

SCOPE OF WORK

The Dive Operator shall implement and maintain the safety practices, procedures, and training identified below for all diving operations performed for or on behalf of the Client. The parties agree that the written Scope of Work shall govern the specific safety deliverables and responsibilities.

SAFETY PROCEDURES (CHECKLIST)

Select and acknowledge the procedures and controls to be applied to dives under this Agreement. Each checked item constitutes an agreed minimum practice; additional practices may be described in Scope of Work.

Pre-dive equipment checklist and person-to-person verification prior to entry (weights, buoyancy, tanks, regulators, gauges).

Written emergency response plan (including on-scene first aid, oxygen, and evacuation procedures).

Scheduled equipment inspection and maintenance records for life-support equipment and surface support systems.

Medical clearance requirement for participants where necessary and documented medical records as permitted by law.

Dive leader and supervisor certification requirements with documented credentials on file.

Maximum operational depth and bottom time limits, including decompression stop procedures where applicable.

Mandatory buddy-system procedures and affirmative assignment of buddy pairs for each dive.

Surface support, communications, and recovery procedures (radio, float lines, standby vessels).

Environmental protection measures to avoid habitat damage and adverse impacts.

Incident reporting and recordkeeping procedures, including timelines for immediate notification and written incident reports.

EMERGENCY RESPONSE & MEDICAL INFORMATION

On-site oxygen first-aid and trained personnel present for all dives.

TRAINING AND CERTIFICATION

The parties agree the training standards below shall be enforced for personnel engaged in diving operations under this Agreement.

Minimum training and qualification standards required for all dive personnel.

PAYMENT TERMS

In consideration of the services and safety systems provided by Dive Operator, Client shall pay the fees set forth below.

Late payments shall accrue interest at the rate set above, and Client shall pay all reasonable collection costs and attorney fees incurred by Dive Operator to recover overdue amounts.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated as set forth herein.

Either party may terminate this Agreement for material breach if the breach remains uncured for the notice period above after written notice. Either party may terminate immediately for a condition that creates imminent risk to life, health, or the environment.

CONFIDENTIALITY

Each party shall keep confidential all non-public technical, safety, medical, commercial, and operational information disclosed in connection with this Agreement and shall not disclose such information except to employees or contractors who have a need to know and who are bound to confidentiality no less protective than this clause. Confidential information does not include information that is or becomes publicly available through no breach by the receiving party, that was already lawfully in the receiving party’s possession, or that is required to be disclosed by lawful process.

ASSUMPTION OF RISK, LIABILITY AND INDEMNIFICATION

Diving is inherently hazardous. Client acknowledges the risks and agrees that Dive Operator shall not be liable for loss or damage arising from inherent risks of diving unless caused by Dive Operator's gross negligence or willful misconduct. Client shall indemnify and hold harmless Dive Operator, its officers, employees, and agents from and against third-party claims, liabilities, losses, and costs (including reasonable attorney fees) arising from Client’s breach of this Agreement, negligence, or failure to comply with agreed safety practices.

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.

ENTIRE AGREEMENT

This Agreement, including the Scope of Work and any attachments or written amendments signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether written or oral.

NOTICES

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