Open Water Waiver
Waiver and Release of Liability Assumption of Risk and Indemnity Agreement Please initial on each line In consideration for permitting me, , to participate in open water, diving or snorkeling activities on
I hereby acknowledge:
I understand that participating in these activities while under the influence of alcohol or drugs is dangerous and I will not participate in any water activities while under the influence of alcohol or drugs.
I understand that this trip is physically demanding and I hereby attest that I am physically capable of walking, swimming, snorkeling and getting in and out of the water unassisted.
I understand open water, diving or snorkeling can be a potentially dangerous activity and involves the risk of serious injury and/or death. I willingly plan to participate in this activity, knowing these risks.
I understand that is it my responsibility to secure my vehicle and my personal property, and that SD Expeditions is in no way responsible for the theft or damages, or any lost or stolen articles.
I hereby agree to fully assume all risks foreseen and unforeseen while in, entering or leaving the water.
I understand that due to the potential hazards, SD Expeditions reserves the right to remove me from the activities and/or boat without refund at the discretion of SD Expeditions, divemasters, captains, and their employees and agents.
I hereby release, waive and agree not to sue SD Expeditions LLC., Nicholas LeBeouf, divemasters, captains, and their employees and agents; from all liability to myself, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any other claim or demands therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation in water activities, whether caused by the negligence of the Releases or otherwise.
I hereby assume full responsibility for any risk of bodily injury, death, or property damage, now and forever, arising out of or related to participation in open water, diving or snorkeling activities whether foreseen or unforeseen and whether caused by negligence of the Releases or otherwise, I hereby separately agree to indemnify and save and hold harmless the Releases from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to participation in open water, diving or snorkeling activities. I HAVE READ THIS ENTIRE RELEASE AGREEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT.
Print name Date Participant Agreement, Release, And Acknowledgement of Risk In consideration of the services of SD Expeditions. and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SDE” agree to release, indemnify, and discharge SDE on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that “adventure activities” such as diving, snorkeling, and traveling on boats entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: falling, collision, upset, striking obstructions or other person, speed of travel for conditions, head injuries, equipment failure, weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, unforeseen attacks by sharks. Furthermore, SDEXPEDITIONS guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements or the animals you will be encountering on this expedition. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless, SDE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SDE equipment of facilities, including any such Claims which allege negligent acts or omissions of SDE.
4. Should SDE or anyone acting on their behalf, be required to incur attorney’s fees and costs, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume – and bear the cost of – all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against SDE, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion, shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SDE on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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Document Name: Open Water Waiver
Agree & Sign