Release for Participation in Scuba Diving Activity
In exchange for participation in Underwater Photography Workshop taking place in Quintana Roo, Mexico (the “Activity”), organized by Cozumel Underwater Photography School, DBA Dive and More LLC, located at 8 The Green, Ste #6193, Dover, Delaware, 19901 (“Releasee”), I hereby agree as follows:
BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY
1. I, and anyone claiming on my behalf, releases and forever discharges Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which I may have or claim to have against Releasee or any of the Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”).
2. ASSUMPTION OF RISKS
I am aware that Scuba Diving and/or Adventure Activities involve many risks, dangers and hazards including but not limited to; changing water and weather conditions; encounters with marine life, wildlife; equipment malfunctions; collision with other participants or guides; the failure to remain within designated areas; becoming lost or separated from guides or other participants; negligence of other participants or guides; consumption of alcohol; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SCUBA DIVING AND/OR ADVENTURE ACTIVITIES. I am also aware that these dangers, risks, and hazards exist on terrain that may be uncontrolled, unmarked, and uninspected.
I also understand that skin diving, freediving, underwater modeling and scuba diving are physically strenuous activities and that I will be exerting myself during this experience, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
3. I understand that past or present medical conditions may be contraindicative to my participation in this experience. I declare that I am in good mental and physical fitness for diving, swimming and freediving, and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contraindicatory to diving, swimming and freediving. If I am taking medication, I declare that I have seen a physician and have approval to dive, freedive and swim while under the influence of the mediation/drugs.
4. I agree to indemnify Releasee against any and all claims, actions, lawsuits, damages and judgments, including attorney’s fees, arising out of or relating to my participation in the Activity.
5. This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee.
6. This Release shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. I have the authority to release the Claims and have not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any and all prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State/Commonwealth of Delaware .
7. I have carefully read and fully understand all the provisions of this Release and am freely, knowingly and voluntarily entering into this Release.