Scuba Diving Release Form

SCUBA DIVING RELEASE AND SERVICE AGREEMENT

This Scuba Diving Release and Service Agreement ("Agreement") is entered into by and between Participant Name: , Address:

Operator (dive company) Name: , Operator Address:

Date of Agreement:

WHEREAS

WHEREAS, Operator is in the business of providing supervised scuba diving instruction, guided dives, boat transport, and related diving services (the "Services"); and

WHEREAS, Participant wishes to engage Operator to provide the Services and acknowledges that scuba diving involves inherent risks, hazards, and dangers; and

WHEREAS, the parties desire to set forth their respective rights and obligations, and for Participant to release and indemnify Operator to the extent permitted by law.

SCOPE OF WORK

ACKNOWLEDGMENT OF RISK, RELEASE, AND WAIVER

Participant acknowledges that scuba diving is an inherently dangerous activity which includes, but is not limited to, risks of drowning, decompression sickness, barotrauma, hypothermia, equipment failure, collisions, marine life injury, and other natural hazards. Participant voluntarily assumes all risks associated with participation in the Services.

In consideration of Operator providing Services, Participant RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Operator, its owners, officers, employees, agents, contractors and affiliates (collectively "Released Parties") from any and all liabilities, claims, demands, or causes of action that Participant may have for injuries, death, property damage, or other loss, arising out of or related to the Services, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by applicable law.

Participant certifies that they are in good health and free from any medical condition that would make participation hazardous. Participant represents that they hold the following diving certification(s):

Participant confirms the following (check all that apply):

I have no medical conditions that would preclude scuba diving and I will notify Operator of any change in my health prior to diving.

I have obtained physician clearance to dive when required by recognized dive training standards or as recommended by Operator.

EQUIPMENT, INSPECTION, AND RESPONSIBILITY

Participant acknowledges responsibility for their personal diving equipment and the proper use of rental equipment provided by Operator. Participant agrees to inspect all equipment prior to use and to notify Operator of any concerns. Operator shall maintain equipment in reasonable condition but is not liable for wear, failure, or misuse by Participant.

Participant agrees to pay for damage to rented equipment caused by negligence or misuse as determined by Operator in good faith.

PAYMENT TERMS

Late payments shall incur a fee of of the overdue amount per month or the maximum allowed by law, whichever is less.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement upon written notice delivered at least days prior to the intended termination date. Operator may suspend or terminate Services immediately if Participant's conduct, health, or safety creates an immediate risk.

CONFIDENTIALITY

The parties acknowledge that during performance of Services each may receive confidential information. Each party agrees to maintain confidentiality of such information and not to disclose it except as required by law or with the other party's prior written consent. This obligation survives termination of this Agreement for a period of two years.

INDEMNIFICATION

Participant shall indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Participant's negligence, willful misconduct, breach of this Agreement, or violation of applicable diving safety rules.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in that state, unless the parties mutually agree to arbitration in writing.

ENTIRE AGREEMENT

This Agreement, including any written attachments, constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous understandings, representations, and agreements, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

EMERGENCY CONTACT

ACKNOWLEDGMENT AND CERTIFICATION

By checking the box below and signing this Agreement, Participant certifies that they have read and understood this Agreement, that they are of legal age and mental capacity to enter into this Agreement, that all information provided is true and accurate, and that they agree to be bound by its terms.

Participant acknowledges and agrees to all terms and releases set forth in this Agreement.

SIGNATURES

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