EXCLUSION OF LIABILITY & RENTAL TERMS
I understand and agree that Cruise Fish Dive, Reel1Up Fish & Dive Charters, and their affiliate or subsidiary companies, nor any of their respective employees, officers, agents or assigns (hereinafter referred to as “Released Parties”) accept any responsibility for any death, injury or other loss suffered or caused by me or resulting from my own conduct or any matter or condition under my control which amounts to my own contributory negligence, including failure to use the equipment in accordance with instructions, as a result of rental and/or use of the equipment. In the absence of any negligence or other breach of duty by the staff member(s), the facility through which this equipment is provided, Cruise Fish Dive, or Reel1Up Fish & Dive Charters and all released entities and released parties as defined above, the rental and/or use of the equipment is entirely at my own risk. Neither the staff member(s), the facility through which this equipment is provided, Cruise Fish Dive, or Reel1Up Fish & Dive, and all released entities and released parties as defined above accept any for latent defects in the equipment of which they could not be reasonable be aware.
Renter agrees: “I have examined the rented equipment specified above and find all of it in good working order and clean. I certify that I am properly trained to partake and certified in scuba diving and familiar with its use. Further I hold harmless Cruise Fish Dive, or any of its agents, employees, contractors, or anyone associated with its company from accident or death occurring during use of said equipment.
Renter agrees to pay full value of the rented items plus any costs incurred in collection, in case of lose, or repair cost in case of damage. Renter also agrees to pay the required cleaning fee ($25 per item) if dive gear is returned without being rinsed with fresh water thoroughly, sandy, tanks under 300psi (VIP Fee), salt crystals or other unsatisfactory condition. Should renter wish to extend the rental period for more than one 24 hour period, he or she must notify Cruise Fish dive to extend this agreement. Each day gear is kept over the 24 hour or agreed term, will be charged an additional 25% above daily rate. Any equipment kept out without notification for over 7 days past the agreed period will pay for the retail cost of the product to be replaced.
I understand the purpose of signing this document is to exempt and release Cruise Fish Dive, Inc., Reel 1 Up Fish & Dive 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 effect 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 hereby 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.