Scuba Diving, Snorkeling and Boat Passenger Assumption of Risk and Complete Release of Liability Waiver
I hereby execute this Assumption of Risk and Complete Release of Liability Waiver ("Release"), in favor of the Elkhorn Marine Conservancy, Inc., its directors, officers, employees, agents, representatives, other contractors (the "Released Parties"), and associated personnel in connection with my participation in swimming, scuba diving, snorkeling and/or riding on vessels owned and or operated/chartered by the Released Parties (the "Activity"). I enter into this Release freely, voluntarily and without duress and agree to the following:
1. I understand that there are inherent risks (foreseen or unforeseen) involved with the Activity, included but not limited to: equipment failure, perils of the sea, harm caused by marine creatures (including bites and stings), acts and omissions by fellow contractors or participants, entering and exiting the water, travel in a foreign country, diseases, disability, differing local customs and legal requirements, damage to property, death, drowning, boarding or disembarking boats, and activities on the docks and I hereby assume all such risks associated with the Activity.
2. I understand that the Released Parties are not responsible for my safety and knowingly and voluntarily agree to assume any and all risks associated with participation in the above-described Activities. I also acknowledge that my participation in the Activities is optional and that my participation would not have been permitted without this Release.
3. I hearty provide written release of liability and assumption of risk which acknowledges that some dive sites are remote, that a recompression chamber may not be readily available, and that I still want to dive and assume the risk in the possible absence of a recompression chamber;
4. To the maximum extent permitted by law, I release the Released Parties and anyone participating in the Activities, or their heirs or estates, in their official and individual capacities from, and agree not to sue the Released Parties for, any and all claims and causes of action for loss of or damage to property, bodily or personal injury, loss of companionship or support, or death sustained by me or third parties arising out of any activity or travel associated with my participation in the Activities.
5. I agree to defend, indemnify and hold harmless the Released Parties for any and all losses, expenses, claims, judgments and liabilities (including attorneys’ fees) ("Losses") of any nature arising out of, or in consequence of my acts, words, conduct, etc. in connection with the Activities including, damage to property, any injuries or death sustained by any person(s) as a result of my actions or inactivity, any injuries or death or damage to property arising from my acts, words or conduct while participating in the Activities. I further understand that nothing stated herein shall relieve me from my obligation to uphold and support all rules and regulations for participation in the Activities, as set forth by the Released Parties.
6. In satisfaction of the requirement to provide a medical history form, I hereby certify that I am in good health, have no physical conditions that affect my ability to participate in any of the Activities, and have not been advised otherwise by a medical practitioner. The Released Parties are in no way responsible for any accident or health costs or medical care.
7. I understand that I am solely responsible for any medical costs and expenses incurred as a result of any Losses sustained by my participation in the Activities.
8. Regardless of any scuba diving, snorkeling or boating certification(s) that I may have, I make no representations and warranties as to my expertise in the Activity and acknowledge and agree that I have a duty to exercise a reasonable degree of care throughout the duration of my participation in the Activity. I further agree to strictly comply with all rules, procedures and directives given to me, communicated to me or provided to me at any time by the Released Parties throughout the duration of my participation in the Activity.
9. I grant to the Released Parties the full authority to take whatever action it deems is warranted under the circumstances regarding my health or safety in connection with my participation in the Activities, including the provision of any emergency first aid, medication, medical treatment, or surgery deemed necessary by medical personnel. This authority will permit the Released Parties, at its discretion, to place me, at my own expense, in a local hospital for medical services and treatment, or, if no hospital is available, to place me in the hands of a local medical doctor for treatment. I also authorize medical personnel to execute any documents relating to medical attention and to act on my behalf, if I am unable to do so. I agree that the Released Parties shall not be responsible for any injury, damage, or expense that might arise out of or in connection with emergency medical treatment obtained on my behalf.
10. I understand and agree that during the course of my participation in the Activities, I may be photographed and/or videotaped by the Released Parties for internal and/or promotional use. I hereby grant and convey to the Released Parties all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Released Parties' use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
11. I represent that my agreement to the provisions herein is wholly voluntary, and further understand that, prior to signing this Release, I have the right to consult with an Attorney or such third parties of my choosing as I may deem appropriate.
12. This waiver and release is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions found to be void or unenforceable shall not affect the validity or enforceability of any other provisions herein.
13. I have carefully read this Release in its entirety, fully understand its contents, and agree to the terms and conditions of this Release on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are no representations or warranties expressed or implied, which extend beyond what is described in this Release. This is a complete release of liability and a legally binding contract.
I understand that this Release is effective for the period of the scheduled diving day.