DIVING COMPLETE LIABILITY RELEASE AND WAIVER
Read completely before signing then initial all boxes.
I understand the purpose of signing this document is to exempt and release Naples Marina & Excursions, Reel 1 Up Fishing Charters, Mark Garcy, The vessels REEL 1 UP and SPEAR 1 UP, their owners, employees, crew, contractors, agents, sponsors, volunteers, advertisers, it’s dive boats, whether chartered, leased, or owned and to hold these entities and individuals (THE “RELEASED PARTIES”) harmless from any and all liabilities arising as a result of any acts or omissions on their part, including, but not limited to, active or passive negligence or negligence of any type.
I am a certified scuba diver and or I am completing my certification process at this time with an instructor and have been taught the inherit risks and dangers of scuba diving resulting from but not limited to equipment failure, my physical condition an health, perils of the sea, and acts of fellow divers which could result in my serious injury or death. By way of my signature and or initials I expressly assume all risks of scuba diving, snorkeling, and or swimming, and all the associated risks, whether these risks are specifically set forth or not. It is my intention to release the RELEASED PARTIES for any reason something might happen to me that may result in my injury or death.
I am physically fit and or have been cleared by my doctor to scuba dive or snorkel, and by signing this release I will not hold the RELESED PARTIES liable for any reason if I am injured or die as a result of my physical condition or health. I also acknowledge I do not have illegal drugs in my possession and have not taken any illegal drugs or prescription drugs or combination of any over the counter drugs that may have an adverse affect on me while scuba diving or snorkeling. I acknowledge that if I have taken any prescription drugs or over the counter drugs, I have been cleared by my doctor for such activities.
Prior to boarding the dive boat and again prior to diving I will inspect all gear related to diving including but not limited to regulators, BC vest, tank cylinders and valves. If I find any defect or flaw in such gear I will abort my dive and will notify the RELESED PARTIES of such defects. I also understand if I dive without inspecting such gear or fail to notify the RELESED PARTIES of such defects and continue with my dives I will not hold the RELEASED PARTIES liable for any injury or death.
I understand it is my duty to plan and carry out my own dive and to be responsible for my own safety and to dive with a dive buddy. I also agree to stay within the depth limits of my certification and at no times regardless of my certification to dive any deeper than 130 feet. I will plan all my dives as no decompression dives and stay within the limits of recreational scuba diving and regardless of the depth I dive to I will make a safety stop for a minimum of 3 minutes at 15 feet.
I agree to follow any instructions given to me by the Captain and crew of the dive boat. At any time if the Captain or crew feels that I am not following the instructions giving to me or acting in an unsafe manner I will be asked to abort all dives without refund.
I understand that this diving activity may be conducted in a remote site and this vessel has limited medical facilities and in the event of illness or injury, the appropriate medical care must be summoned by VHF radio, which may delay medical treatment. Nevertheless, I expressly wish to proceed with this diving activity and assume all related risks. I also understand there is no obligation on the part of the RELEASED PARTIES to provide medical assistance or first aid.
I agree that while on board or during boarding the RELEASED PARTIES will not be responsible or liable for any damage or loss to gear, equipment, or personal belongings for any reason. It is my responsibility to safely stow and watch my gear, equipment or personal belongings at all times. If I am renting any gear or equipment I assume full responsibility for any cost of repair or replacement of such items in the event of damage or loss.
I understand that I am responsible to insure myself for all and any in the water accidents or incidents and that the RELEASED PARTIES do not provide any liability or medical insurance for me while I am in the water. By initialing this page and signing this waiver I herby recognize that I am completely responsible for all and any costs relating to any incident while entering the water, while I am in the water or while I am exiting the water to board the vessel. The only time I am covered by the vessels insurance is when I have completely boarded the vessel.
BY WAY OF MY SIGNATURE ON THIS DOCUMENT IT IS MY EXPRESS INTENTION TO GIVE UP MY RIGHT TO SUE ALL INDIVIDUALS, OR ENTITIES OR VESSELS REFERRED TO HEREIN, (THE “RELEASED PARTIES”) WHETHER SPECIFICALLY NAMED OR NOT, FROM LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE, INCLUDING GROSS NEGLIGENCE. I FULLY AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITY FOR ANY PERSONAL INJURY OF ANY KIND, INCLUDING WRONGFUL DEATH ON BEHALF OF MYSELF, MY HEIRS AND ASSIGNS, AND I EXPRESSLY ASSUME ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING AND SCUBA DIVING ACTIVITIES.
Full Name of Diver
Divers Date of Birth
E-mail of Diver
Street Address Line 2
State / Province
Postal / Zip Code
Antigua and Barbuda
Bosnia and Herzegovina
Central African Republic
Cocos (Keeling) Islands
Democratic Republic of the Congo
Turkish Republic of Northern Cyprus
Papua New Guinea
Republic of the Congo
Saint Kitts and Nevis
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Sao Tome and Principe
Trinidad and Tobago
Tristan da Cunha
Turks and Caicos Islands
United Arab Emirates
British Virgin Islands
Isle of Man
US Virgin Islands
Wallis and Futuna
Parents Name if Diver is under 18 years of age.
Diver Certification Number
Copy of Certification Card
Date of Certificartion
Dive Certification Agency
Dive Certification Level
Seal Team BM
Open Water Diver
Advanced Open Water
IF THIS IS A CERTIFICATION DIVE INSTRUCTORS NUMBER
INSURANCE POLICY NUMBER
EMERGENCY CONTACT PHONE NUMBER
IN CASE OF AN EMERGENCY PRESCRIBE OXYGEN
Insert height, weight and shoe size if renting gear.
Date of your trip.
Date Signed (Please Enter Todays Date)
By signing this waiver either electronically or in person, I acknowledge that I have read and agree to the policies set forth in this agreement. If for any reason other than stated in this agreement I must cancel my scheduled trip or tentative trip, I agree to pay all fees, deposits or rebooking fee’s as listed below for the services requested. Any correspondences via email regarding trip types and lengths can and will be used as receipt of services requested for billing purposes. I also agree that I have received all services that were agreed upon and I am satisfied with the services received.
For a full refund, cancellation must be made within a minimum of 7 days in advance to your departure date with the exception to the week of Christmas, New Years, Easter and other dates may apply. When booking your trip or tour your reservation specialist will send you an email with any special details pertaining to your trip or tour. Deposits will not be refunded if cancellations are made within 7 days or less with the exception to the named holidays which then there are no cancellations allowed and no refunds will be made. If we receive your cancellation within 72 hours prior to departing you will be charged the full amount of the trip charge. If you must cancel and can't give proper notice, we will try to reschedule your charter for another date. The only exception will be due to severe weather, which will be the Companies and or Captain’s decision on the day of the scheduled departure. At that time your trip will be rescheduled or a refund will be issued if it is deemed unsafe. Please make note that if your trip or tour is made during the holiday time periods, once your reservation is made payment in full will be required and there are no cancellations or refunds allowed for an exception other than what has been stated. To be considered for a refund or cancellation you must send an email request within the stated guidelines to firstname.lastname@example.org and make sure to call your reservation specialist to verify your email was received which at that time we will reply to your request.
I understand the purpose of signing this document is to exempt and release Naples Marina & Excursions, Inc., Florida Excursions, LLC., Reel 1 Up Fish & Dive Charters, Mark Garcy, The vessels Reel 1 Up, Spear 1 Up, Reel1In, their owners, employees, crew, contractors, agents, sponsors, volunteers, advertisers, it’s dive boats, whether chartered, leased, or owned and to hold these entities and individuals (THE “RELEASED PARTIES”) harmless from any and all liabilities arising as a result of any acts or omissions on their part, including, but not limited to, active or passive negligence or negligence of any type.
I recognize and acknowledge that there are certain risks of physical injury and property and I agree to assume the full risk of any injuries, including loss of life, personal injuries, property damages, and expenses, which I may sustain as a result of participating in any and all activities connected with (THE “RELEASED PARTIES”) or any services or activities associated with our companies.
I further agree to waive and relinquish all claims to fully release, discharge, indemnify, hold harmless and defend (THE “RELEASED PARTIES”) from any and all claims resulting from injuries, including loss of life, personal injuries, property damages, and expenses, sustained by me or my minors and arising out of, connected with, or in any way associated with the activities or trips. The participant assumes all risks associated with participation at our facility or on any of our vessels, equipment or tours. (THE “RELEASED PARTIES”) assumes no liability for injury or damages arising from participation in our services. Due to the strenuous nature of some activities, the participant, or if the participant is a child, the child’s parent or guardian is encouraged to consult his or her physician concerning the participant’s level of fitness in relation to participation in any offered services.
Mandatory For Confirmation
I accept the above terms and waive all possible claims of liability.
By signing I am stating I agree to all of the terms and conditions.
Signature of Parent, by signing you agree to above terms and conditions and allow the minor to scuab dive with our company.
I submit that I have read and understand the above terms
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