Today's Date: 05/27/2023
SCUBA DIVE, TRAVEL AND TOUR CONTRACTUAL LIABILITY
RELEASE & WAIVER
THIS IS A RELEASE OF YOUR RIGHTS TO SUE
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE HORIZONS PACIFIC INC., HONU IKI INC., DIVERS SUPPLY OF KONA, BIG ISLAND DIVERS, SNUBA BIG ISLAND INC, PUEO BAY LLC, ROCKING H ISLAND ADVENTURES LLC, BIG ISLAND WATERSPORTS INC, THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES” AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
1. By way of my signature on this contract I certify that I am a certified diver or a student diver and have been taught and understand that scuba diving is a hazardous sport. I also fully understand that scuba diving has inherent risks and dangers including, but not limited to, risks associated with equipment failure which could lead to my serious injury or death. BY MY SIGNATURE ON THIS DOCUMENT I EXPRESSLY ASSUME THESE RISKS. I acknowledge that I am physically fit to scuba dive or snorkel and engage in this trip. I further agree that I will not hold any of the above named individuals, persons, or entities responsible should I become injured as a result of a medical condition while I am participating in this trip, scuba diving or snorkeling. I further agree that the operator or any dive professional may deny me the opportunity to dive when the operator or dive professional objectively and reasonably believes that I pose a danger to myself or my fellow divers. At no time during this trip will I have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with scuba diving.
2. In consideration for allowing my participation in this trip, which is being offered by the Released Parties, I fully understand that prevailing weather conditions may cause certain modifications to the dive program. I understand the Released Parties are in no way responsible for any acts, errors, or omissions including active or passive negligence by any provider of transportation, equipment, dive services, hotel, tour operator, divemaster, SCUBA Instructor, dive boat, dive boat captain and crew, or any other provider who is engaged to render any service whatsoever on this trip/tour.
3. I understand that I cannot fly in an airplane or helicopter or any other aircraft after diving and know what the time restrictions are before I can do so. I also know that going up in elevation may cause me to get the “bends” and I will be responsible for myself if I fail to comply with safe diving standards set forth by my certifying agency.
4. My signature on this document affims that I am fully aware of the dangers, risks and hazards of holding my breath while diving and the dangers associated with a rapid ascent. I understand that on the open water diving/snorkeling trip(s) I will be at a remote site and that there will not be immediate medical care or hyperbaric care available to me and I expressly assume the risk of diving in such a remote spot.
5. I understand that scuba diving /snorkeling is a physically strenuous activity and that I will be exerting myself during this diving excursion and that if I am injured as a result of a heart attack, panic, hyperventilation or any other act that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for any injury sustained at any time during the trip/ tour.
6. I certify that I am fully aware of the possibility that my equipment may malfunction during a dive which could include a free flowing regulator, stuck inflator button or unwanted inflation of my buoyancy compensator. I certify that I have been trained and know how to overcome these eventualities should they occur to me. I will inspect all of my equipment prior to the activity and will notify the Released Parties if my equipment is not working properly. I agree not to hold any of the individuals or entities named within this document responsible for my failure to inspect my equipment prior to diving or snorkeling or any injury sustained from the malfunction of the equipment.
7. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SCUBA DIVING, SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
8. I agree to be financially responsible for any rental equipment I lose or break.
I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES. I REALIZE THAT THIS DOCUMENT IS A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.