Scuba Adventure Waiver Form

SCUBA ADVENTURE WAIVER AND SERVICE AGREEMENT

This Scuba Adventure Waiver and Service Agreement (the Agreement) is entered into by and between:

Operator Name:    Client Name:

Effective Date:    Location of Activity:

RECITALS

WHEREAS, the Operator is engaged in the business of providing scuba diving excursions, instruction, equipment rental and related services (collectively, the Services); and

WHEREAS, the Client wishes to participate in scuba diving activities and obtain the Services from the Operator subject to the terms, conditions, waivers and releases set forth in this Agreement; and

WHEREAS, the parties intend this Agreement to allocate risks, to set payment terms, and to define the scope and duration of the Services.

SCOPE OF WORK

PAYMENT TERMS

TERM AND TERMINATION

Term Start Date:    Term End Date:

Either party may terminate this Agreement for cause if the other party materially breaches any provision and fails to cure within the notice period specified above. Termination does not relieve the Client of fees due for Services already performed or non-refundable deposits.

ASSUMPTION OF RISK; RELEASE; MEDICAL FITNESS

The Client acknowledges and understands that scuba diving is a physically demanding activity that involves inherent risks including, but not limited to, drowning, decompression sickness, arterial gas embolism, equipment malfunction, slips and falls, encounters with marine life, and latent physical injuries. The Client voluntarily assumes all risks associated with participation in the Services, whether known or unknown, foreseeable or unforeseeable.

In consideration of being permitted to participate, the Client hereby releases, waives, discharges and covenants not to sue the Operator, its owners, officers, employees, agents, contractors and affiliates (the Released Parties) from any and all liability, claims, demands, actions or causes of action arising out of or related to any loss, damage or injury, including death, that may be sustained by the Client while participating in the Services, whether caused by the negligence of the Released Parties or otherwise.

By checking the box below, the Client affirms that the Client has honestly disclosed all known medical conditions and is fit to engage in scuba diving activities: I confirm medical disclosure

EQUIPMENT, LOSS AND DAMAGE

The Operator will provide equipment as specified in the Scope of Work. The Client accepts responsibility for care of rented equipment and agrees to pay the reasonable repair or replacement cost for equipment lost, stolen or damaged while in the Client's possession. Any deposits held will be applied to such costs.

EMERGENCY AUTHORIZATION

In the event of injury or illness, the Client authorizes the Operator and its agents to arrange for emergency medical care and transport as they deem necessary. The Client agrees to be responsible for all costs associated with emergency care and transport.

INDEMNIFICATION

The Client agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, demands, causes of action, losses, liabilities, damages, fines, penalties and expenses (including reasonable attorney fees) arising out of or resulting from the Client's breach of this Agreement, negligence, willful misconduct, or failure to follow instructions, rules or safety guidelines.

CONFIDENTIALITY

The parties agree that any non-public business, operational, technical or financial information disclosed in connection with the Services shall be kept confidential and shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law. This obligation shall survive the termination of this Agreement for a period of two (2) years.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to choice of law principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration or in the courts of that state, at the Operator's election.

SEVERABILITY; ENTIRE AGREEMENT

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

ACKNOWLEDGMENT

The Client acknowledges that the Client has read and fully understands this Agreement, including the assumption of risk and release provisions, and agrees that the Client's signature below is given freely and voluntarily.

Sign Now