Waivers and Releases

I, {fullName17}, do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with freediving, mermaiding, snorkeling, skin and/or scuba diving, and instruction related thereto (“Diving Activities”).

I understand that these risks can lead to severe injury and even loss of life. I understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber.

I understand that freediving, mermaiding, snorkeling, skin diving, and scuba diving are physically strenuous activities and that I will be exerting myself during Diving Activities, and that if I am injured as a result of heart attack, stroke, panic, hyperventilation, drowning or any other cause, that I expressly ASSUME THE RISK of said injuries and that I will not seek to hold any other partyresponsible for the same.

I understand that Diving Activities may be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and competent medical assistance. Despite this, I choose to proceed with these Diving Activities even in the absence of a recompression chamber and competent medical assistance.I understand that there are hazards and risks associated with travel to and from dive sites (“Dive Travel”), including, but not limited to the possible injury or loss of life as a result of a motor vehicle or watercraft accident.

Regardless of the potential hazards and risks associated with Diving Activities and Dive Travel, I wish to proceed and I HEREBY PERSONALLY ASSUME ALL HAZARDS AND RISKS, including possible personal injury, loss of life and/or property damage, arising out of or in connection with Diving Activities and/or Dive Travel, whether foreseen or unforeseen, that may befall me while I am a participant in these activities, including, but not limited to, the academics, confined water, and/or Open Water Activities. I further release, exempt and hold harmless said program and Re- leased Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program including both claims arising during the program or after I receive my certification.

I {participantName} hereby enter this AGREEMENT for the sake of rental and/or use of scuba diving, freediving, skin diving, and/or mermaiding equipment. This AGREEMENT acts as a release of my rights, and the rights of my heirs, assigns, or beneficiaries, to sue SuperDive Scuba Inc., Underwater 4 All, Inc., and their employees, owners, officers, contractors, assigns, or agents (hereinafter referred to as “Released Parties”) for injuries or death resulting from the rental and/or use of this equipment. By signing this AGREEMENT, I expressly waive my right, and that of my heirs, assigns, or beneficiaries, to initiate any legal action or suit against the Released Parties for any injury, death, or other damages related to the rental and/or use of the equipment, whether arising from product defect, the negligence of any party including the Released Parties, whether passive or active, or from any other cause.

I understand and acknowledge that the use of the rented and/or provided equipment involves various activities, not limited to underwater use. These activities include handling, carrying, assembling, and disassembling the equipment. I recognize that each of these activities carries its own risks and I assume full responsibility for all aspects of using the equipment.

I personally assume all risks associated with skin and/or scuba diving, freediving, mermaiding, or skin diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment, including but not limited to physical injury, illness, or death. I recognize that these risks include equipment failure that can occur without precedent. Despite these risks, I voluntarily agree to assume all associated risks, both known and unknown, and assume full responsibility for my participation in these activities.

I understand that unless the transaction is explicitly delineated as a rental, the use of equipment is considered part of the services provided and is limited to use within that context.

I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba cylinders. I acknowledge that I should not dive if the equipment is not functioning properly. I assume responsibility for understanding how to use the equipment and will ask questions if there is something I am unsure about. I will not hold the Released Parties responsible for my failure to inspect the equipment before diving, if I choose to dive with equipment that may not be functioning properly, or if I use the equipment improperly. 

I understand that if any of this equipment is to be used for a discipline such as scuba diving, freediving, mermaiding, or skin diving, I affirm I am certified in this discipline or a student under the supervision of a dive professional.

I agree to reimburse SuperDive Scuba, Inc. or Underwater 4 All, Inc. for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned clean.

I hereby declare that I am of legal age and am competent to sign this Agreement, or if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights, including the right to sue. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I have read and fully understand the terms of this agreement.

Sometimes the SuperDive Team will take photos or video recordings to memorialize participants' experiences. 

Typical uses of these photos and videos include, but are not limited to: 

• Sending digital or physical "Souvenir Prints" to program participants
• Making photos and videos available in collaborative Google Albums
• Creating educational or informational content
• Creating promotional content

I, {fullName17}, hereby authorize Superdive Scuba Inc., and those acting pursuant to its authority to:

• Record my likeness and voice on video, audio, photographic, digital, electronic, online format or on any and all other media while participating in activities hosted by SuperDive Scuba Inc.
• Use my name or social media handle in connection with these recordings.
• Use, reproduce, publish, republish, exhibit, edit, modify, or distribute, in whole or in part, without requiring my inspection and approval, these recordings in all media without compensation for any purpose that Superdive Scuba Inc., and those acting pursuant to its authority, deem appropriate, including promotional or advertising efforts. These recordings may appear in a variety of formats and platforms now available and that may be available in the future. 

I hereby release Superdive Scuba Inc. and those acting pursuant to its authority from liability, claims, and demands for any violation of any personal or proprietary right I may have in connection with such use, including any and all claims for liber, defamation, or invasion of privacy. I understand that all such recordings, in whatever medium, shall remain the property of SuperDive Scuba Inc. 

I have read and fully understand the terms of this release.

Medical Questionnaire

• You must answer each question on the Medical Questionnaire honestly with a YES or NO. If you are unsure, answer YES. Staff of SuperDive cannot provide medical advice.
• After filling out the questionnaire, you may be told that you require a Medical Evaluation before in-person training. You cannot attend in-person training until obtaining a doctor's approval - no exceptions.
• Should you experience a medical condition or concern during your training that would change your answers on the Medical Questionnaire, we are required to suspend your training until you complete a new Medical Questionnaire and obtain a doctor's approval to continue training.
• A medical clearance does not constitute a mandate to an instructor to train an individual. The diving instructor, who observes the candidate in the field, may also decide to discourage an individual from diving based on their assessment of that individual's suitability for diving.
• Participants, even if they are licensed doctors, may not sign off on their own medical questionnaires.

**Attitude Agreement**

As a valued member of our diving community, you are expected to:

• Engage with Respect: Treat all members of our community with the utmost respect, promoting a culture of kindness and support. Your actions and words should reflect our collective commitment to creating a welcoming and supportive space for all. Act with unwavering respect towards staff and fellow participants, fully embracing our ethos of teamwork and transparent communication.
• Champion values of "Underwater 4 All": We are proud supporters and affiliates of the 501(c)(3) nonprofit organization Underwater 4 All, Inc. As such, we ask that our customers and patrons embrace and help champion its values: that safe access to underwater activities is a fundamental human right, not a privilege or luxury sport. Divers should be accommodated to the fullest extent possible while ensuring prudence and safety. Please respect and recognize the diversity within our community and approach every interaction with an open heart and mind. Be prepared for possible learning moments and embrace any discomfort as an opportunity for growth.
• Embrace a Just Culture: Acknowledge that errors are a natural part of the learning process and an opportunity for growth. We encourage open discussion of mistakes in a non-punitive environment, focusing on collective learning, accountability, and prevention of future incidents. However, to protect our community, reckless negligence and willful misconduct shall not be tolerated.
• Prioritize Psychological Safety: Feel encouraged to voice your ideas, questions, and concerns without fear of retribution. We are committed to ensuring every individual feels safe to speak up, fostering a community where open, honest communication is the cornerstone of our interactions. 
• Commit to Continuous Improvement: Dedicate yourself to not only advancing your diving skills but also to actively contributing to the psychological and emotional well-being of our community. This includes navigating challenges with a cooperative, empathetic, and problem-solving growth mindset, aimed at constructive solutions and mutual growth. Don't be shy about praising your fellow students or staff when they get something right! We're all here to support each other - wherever we may be - in our underwater journeys.

By signing this agreement, you affirm your commitment to these values, playing a crucial role in maintaining and enhancing the integrity and spirit of the SuperDive community.

In consideration of being allowed to participate in Diving Activities, Dive Travel, and use the facilities and equipment of the parties listed below, I understand and agree that neither my: Instructor(s): Those acting pursuant to the authority of SuperDive Scuba Inc., the Facility through which I receive my instruction: the National Association of Underwater Instructors, Inc., nor PADI Americas Inc, nor their affiliate and subsidiary organizations, nor any of their respective employees, officers, directors, representatives, agents, contractors, volunteers, or assigns (hereinafter collectively referred to as the “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me or my property that may occur as a result of my participation in Diving Activities or Dive Travel, or as a result of the negligence of any party, including the Released Parties, whether passive or active, foreseen or unforeseen.

BY THIS INSTRUMENT, I {fullName17} HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT I, MY ESTATE, HEIRS, EXECUTORS OR ASSIGNS MAY HAVE FOR PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF LIFE BASED UPON NEGLIGENCE, ACTIVE OR PASSIVE WITH THE EXCEPTION OF GROSS NEGLIGENCE, FORESEEN OR UNFORESEEN, WHICH ARISE FROM DIVING ACTIVITIES OR DIVE TRAVEL.

By executing this Agreement, I agree to hold the Released Parties harmless from and against all claims or causes of action for any personal injury, property damage, or loss of life which may occur during Diving Activities or and/or Dive Travel.

I hereby declare that I am of legal age and am competent to sign this Agreement, or if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement.

I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Released Parties other than what is set forth in this Agreement. I agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. If any provision, section, subsection, clause or phrase of this Agreement is found to be unenforceable or invalid, that part shall be stricken from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable or invalid part had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties on my behalf or as a result of my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, I AGREE TO BE BOUND BY IT.

I have taken my time to go through this release form. I understand diving is inherently risky. I understand this form is legally binding and I understand the implications of signing. I have signed each section after reading it carefully and agreeing completely.

As an added measure, we ask that this Agreement be signed by a third-party witness. This does not have to be an official notary but should be someone who:

• Is over 18 years of age;
• Is of sound mind;
• Is not under the influence of drugs;
• Is not a party to the document or have any financial interests in the document; 
• Has known you for at least one year OR have taken reasonable steps to verify your identity.
• Could be contacted at a later date to verify the authenticity of the signed agreement.