WAIVER AND LIABILITY RELEASE
TERMS & CONDITIONS
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY, SIGN AND RETURN (4 PAGES)
In consideration for permitting me to participate as a guest/passenger in freediving, snorkeling, swimming, scuba diving, shark diving, boat activities, as defined below, I hereby acknowledge:
I am a certified scuba diver (if the activity requires scuba diving)
I understand that scuba diving/snorkeling while under the influence of alcohol or drugs is dangerous and I will not dive 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 and getting in and out of the water, fully geared and unassisted.
I understand scuba diving/snorkeling is a potentially dangerous activity and involves the risk of serious injury and/or death and/or property damage.
I understand that scuba diving/snorkeling with sharks has additional, potentially dangerous hazards and involves the risk of serious injury and/or death and/or property damage. I willingly plan to participate in this activity, knowing these risks.
I understand that due to the potential hazards, Nomad Diving, LLC reserves the right to remove me from the dive and/or boat without refund at the discretion of the company’s divemasters, captains, and their employees and agents.
Participant Agreement, Release, And Acknowledgement of Risk
In consideration of the services of Nomad Diving, LLC and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Nomad Diving, LLC 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, Nomad Diving, LLC 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, Nomad Diving, LLC and their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, including any such Claims which allege negligent acts or omissions of Nomad Diving, LLC.
4. Should Nomad Diving, LLC 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.
I hereby release, waive and agree not to sue Nomad Diving, LLC, Cristobal Perez Gonzalez, Irene Orozco, 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 “adventure activities” such as scuba diving/ shark diving, snorkeling/freediving activities and traveling on boats, 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 this “adventure activities” such as scuba diving/ shark diving, snorkeling/freediving activities and traveling on boats 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 this activities.
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 Nomad Diving, LLC 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.
I, AS A GUEST, PASSENGER AND PARTICIPANT ON ANY ACTIVITIES OF THE TRIP ACKNOWLEDGE THIS ENTIRE DOCUMENT, I HAVE READ THIS ENTIRE RELEASE AGREEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT.