• LIABILITY AND RESPONSIBILITY AGREEMENT AND RELEASE

    Please read carefully before signing
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    LIABILITY AND RESPONSIBILITY AGREEMENT AND RELEASE

     
    Please read carefully before signing
     
     
    I agree that all relations between myself and BEQA LAGOON RESORT (as defined below) in every possible contingency shall be subjected to and governed by this agreement.
     
    The expression “BEQA LAGOON RESORT” shall include its agents, servants, and employees and other companies in the same associated ownership or management.
     
    In consideration of the services to be provided by BEQA LAGOON RESORT:
     
    ASSUMPTION OF RISK/LIABILITY RELEASE AND INDEMNITY: I agree that BEQA LAGOON RESORT has no responsibility or liability of whatsoever nature (or any services, transport or equipment provided by them as to its suitability, safety, quality or condition).
     
    In particular, I understand that incidental to my participation in Events and Activities, I may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that such participation may also involve the risk of severe economic and property loss and damage.
    I understand that these risks may result from the actions, negligence and failure to act of myself and others (including but not limited to other individuals in attendance at the Events and Activities and the Released Parties) and from the condition of any property, facilities or equipment used.
     
    I also understand that there may be risks involved which are not known to me or to the Released Parties, and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the Event/Activity.
     
    I agree to assume all of the foregoing risks, which risks may include, among other things, muscle injuries and broken bones, as well as the risk of any negligence by other participants or by the Released Parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Event, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability, or expense, of any kind or nature, that I or my property may suffer arising out of or in connection with my participation in the Event/Activity.
     
    On my own behalf, and on behalf of my heirs, executors, administrators and next of kin, I hereby release, covenant not to sue, and forever discharge the Released Parties (as defined below) of and from all liabilities, claims, actions, damages, costs or expenses of any nature (“Claims”) arising out of or in any way connected with my participation in the Event/Activity, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such Claims including, but not limited to, all attorneys' fees and disbursements up through and including any appeal.
     
    I understand that this release and indemnity includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including death), property damage, and loss by theft or otherwise, whether suffered by me before, during or after such participation.
    For the purposes hereof, the “Released Parties” are Offshore Fishing Co Ltd., and their respective parent, subsidiary, affiliated or related companies including, without limitation, Beqa Lagoon Support Services Inc. and its affiliated and subsidiary companies, and each of their respective parent, subsidiary, affiliated or related companies; and the officers, directors, employees, agents, contractors, sub-contractors, representatives, successors, assigns, and volunteers of each of the foregoing entities.
     
    PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I agree that by participating in an Event or Activity I certify that I am physically fit for participation in that Event or Activity, have the skill level required in conjunction with the Events and Activities, and have not been advised otherwise.
     
    I agree that before I participate in the Event or Activity, I will inspect all related facilities and equipment.
     
    In connection with any injury sustained or illness or medical conditions experienced during my attendance in connection with the Event/Activity, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf.
    Additionally, I authorize medical treatment for me, at my cost, if the need arises; however, I acknowledge that the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment.
    EQUIPMENT AND FACILITIES INSPECTION: I will immediately advise the Event manager of any unsafe condition that I observe, and will refuse to participate in the Event/Activity until all unsafe conditions observed by me have been remedied.
    PUBLICITY RIGHTS: I further grant the Released Parties the right to photograph, record and/or videotape me and further to display, edit, use and/or otherwise exploit my name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, including, without limitation, publication of Event/Activity result, without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use.
     
    The Released Parties are, however, under no obligation to exercise any rights granted herein.
     
    Governing Law: The law of Fiji governs this Agreement, and any legal action shall be brought before the Courts of Fiji, which shall have exclusive jurisdiction, AND I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
     
    The undersigned should be deemed to have executed this Agreement for himself, him, heirs, executors, administration successors and assigns.
     
    Parents must sign release for children under 18 years of age.

     

  • DIVE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

    Please read carefully before signing

  • I, the undersigned, having voluntarily elected to participate in diving activities conducted by OFFSHORE FISHING CO. LTD (Fiji) and BEQA SHARKS LTD. (Fiji), their agents, servants, and employees and other companies in the same associated ownership or management, hereinafter referred to as “BLR,” including but not limited to open water scuba diving conducted from ocean-going vessels, hereby affirm that I possess sufficient training, skills, and physical conditioning to engage in open water scuba diving, have successfully completed at least a basic scuba diving certification course from a recognized certifying agency and have received a certification card in recognition of such certification.


    I also affirm that I am in good mental & physical fitness to scuba dive.

    I understand, comprehend, and appreciate the foreseeable, unforeseeable, and inherent dangers and risks of harm involved in the activity of recreational scuba diving and I understand and comprehend that I assume all such risks and dangers, including those hazards that may occur during boat travel to and from the dive site(s).


    I understand and acknowledge that said dangers and risks of harm inherent in recreational scuba diving have the potential to result in serious injury or death.

    I understand and appreciate the risks and dangers involved in recreational scuba diving include but are not limited to marine life injuries, unforeseen attacks by sharks or any other marine animals, drowning, air expansion injuries, decompression sickness or other hyperbaric injuries that require treatment in a decompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea.

    I understand that diving with oxygen-enriched breathing gas (“enriched air”) involves certain inherent risks of oxygen toxicity and/or improper mixtures of breathing gas.
    In consideration of being allowed to participate in enriched-air diving with BLR, I hereby declare that I have completed the necessary training to dive on enriched air and to follow proper enriched air gas analyzing and diving procedures.

    In addition, I personally assume all risks in connection with said course, for any harm, injury or damage that may befall me while I am participating in diving activities with BLR, including all risks connected therewith, whether foreseen or unforeseen.

    I understand that the BLR Shark Dive involves diving at a depth that is considered a recreational deep dive and I declare that I have the training and experience to complete this dive safely and I agree to dive within established non-decompression limits.
    I understand that this dive can be physically strenuous and declare that I am in good mental and physical fitness for the dive, and that I am not under the influence of alcohol, or drugs that are contradictory to diving.

    I also understand that this dive also involves encounters with large marine animals that have unpredictable behavior.

    In consideration of being allowed to participate in the BLR Shark Dive, I hereby personally assume all risk in connection with the dive for any harm or damage that may befall me while I am a participant, including all risks connected therewith, whether foreseen or unforeseen.

    I understand and agree that by accepting me as a guest, BLR does not assume any responsibility or liability for my safety whatsoever particularly while I am engaged in underwater activities, whether alone or in groups. I am also aware that safe diving practices suggest diving with a buddy, and accordingly it will be my responsibility to plan my dive allowing for my diving limitation and the prevailing water conditions and environment.

    I will not hold BLR, its principals, officers, agents and employees (hereinafter referred to as the Released Parties) responsible for my failure to safely plan my dive, dive my plan, maintain buddy contact and follow the instructions of the dive crew, including, but not limited to, the dive briefing.

    I further understand that the trips offered by BLR may be conducted at sites that are remote, either by time or distance or both, from a decompression chamber.

    I choose to proceed with dives with BLR in spite of the possible absence of a decompression chamber in proximity to the dive site.

    I agree to pay compensation at full current market value to BLR for any and all damage or loss of property and equipment belonging to BLR resulting from abuse or negligence on my part.

    The undersigned hereby assumes full responsibility for and risk of bodily injury, death or property damage due to the negligence of releases or otherwise while in, about or upon the premises or vessels of BLR and/or while using said facilities or premises or any equipment thereon.

    The undersigned hereby releases, discharges and holds harmless BLR and the Released Parties from and against any and all claims, liability and/or causes of actions for death, wrongful death, personal injury (whether physical, emotional and/or psychiatric or any combination thereof), loss of consortium, property damage and/or breach of contract made by or on behalf of the undersigned, the undersigned's spouse, children and heirs, occasioned by, arising out of or incidental to the participation of the undersigned in the activities of the dive trip whether or not resulting from or caused by negligence, whether active or passive, by, of and/or on the part of BLR and the Released Parties.

    It is further understood that the remoteness of the destination, local custom and/or prevailing weather conditions may cause minor inconveniences or modifications to the diving portions of any tour and BLR reserves the right to modify and/or cancel diving arrangements due to unfavorable weather conditions and/or technical difficulties.

    The undersigned further acknowledges and agrees that weather and climatologist conditions may create a hazard to the safety of BLT's premises, vessels, crew and guests and hereby releases, discharges and holds harmless BLR, its principals, officers, agents and employees from and against any and all claims, liability and/or causes of actions for death, wrongful death, personal injury of any nature and as further described in paragraph 6 of this release, arising out of or incidental to the operation in any manner whatsoever of any BLR premises or vessels.

    The undersigned further acknowledges and agrees that during the diving tour, engaging in spear fishing or collection of marine life such as shells and coral is prohibited and that the undersigned shall not conduct or undertake any activity that is harmful to the marine environment.

    The undersigned further expressly agrees that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by the laws of the country of Fiji, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

    The undersigned has read and voluntarily signed the Release and Waiver of Liability Agreement and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
    The undersigned hereby agrees to indemnify and save and hold harmless BLR from any loss, liability, damage or costs that they may incur due to the presence of the undersigned in, upon, or about BLR premises or vessels or in any way observing or using any facilities or equipment of BLR whether caused by negligence of the releases or otherwise.

    The law of Fiji governs this Agreement and action suit or proceedings shall be brought before the Courts of Fiji, which shall have exclusive jurisdiction.

    The undersigned should be deemed to have executed this Agreement for himself, his heirs, executors, administration successors and assigns.

  • PLEASE ANSWER ALL THE FOLLOWING QUESTIONS:

    Please note that for your safety and well-being, preexisting medical conditions will require a written clearance to dive from a physician. This verified document must be handed to the dive manager or reception.

  • DAN EVACUATION & TRAVEL INSURANCE IS HIGHLY RECOMMENDED

  • Evacuation / Insurance Company:   *   
    Policy Number:*

  • GUEST DIVING INFORMATION
    Name of agency (PADI, SSI): *
    Certification level: *
    Certification number:   *   
    Nitrox certified:      *   
    Approx. number of dives to date:  * 
    Date of last dive:   Pick a Date*   

  • I have thoroughly read the above terms and release. I have truthfully answered all the questions. I agree & consent to all terms & conditions contained herein.

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