Peace SCUBA Overnight Trip Agreement

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND
LIABILITY WAIVER AND RELEASE AGREEMENT

IN CONSIDERATION of being permitted to participate in the charter/rentalprovided by Peace Boat, LLC for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charterin which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9) animal bites                            

I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.

I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.                                          

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

I fully agree to assume all responsibility for all the risks of the Charter/Rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/Our participation in the charteris completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

This Agreement shall be governed by the laws of The United States of America. Any legal action relating to or arising out of this agreement against or with respect to Peace Boat, LLC shall be commenced exclusively in The United States of America. Any legal action relating to or arising out of this Agreement against or with respect to any of it Peace Boat, LLC affiliated or related companies shall be commenced exclusively in the Superior Court of California – County of Ventura.I agree that I will reimburse in full any attorney feesincurred by the assured or their Insurers to defend any legal action under this agreement.

I HEREBY RELEASE PEACE BOAT, LLC THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

Signature of parent or Guardian if diver is a minor:

[AGENCY NAME] [CERTIFICATION NUMBER]

1 . I should and I will never skin or scuba dive while under the influence of alcohol or drugs, and I must be in good physical and mental health.

2. I understand that it is strongly recommended that I should never dive alone or with a person I have not thoroughly discussed the dive plan with and each of us has reviewed one another’s diving equipment and emergency procedures before the dive. I also know that teams of three or more divers are not recommended.

3. I understand that it is strongly recommended that I should always dive with a buoyancy control device that has a power inflation system, a depth gauge, a submersible pressure gauge and a timing device.  

4. I should and I will adjust weights to maintain neutral buoyancy with no air in my buoyancy control device at the surface of the water and position weights to keep the quick-release buckle centered and accessible at all times.

5. I should and I will never dive in conditions I do not feel comfortable in or that exceed my physical ability.

6. I should and I will surface with at least 300-500 psi in my tank and never stay underwater until my air supply is exhausted.

7. I should and I will make all dives "no decompression dives," and be proficient with the use of a dive table and/or dive computer.

8. I understand that upon anchoring at each dive site the Captain or the divemaster will describe the location, depth, possible current, or known drop off or special points of concern, etc. I know I should be aware of the known features of the dive site, and if they are not clear to me, I am responsible for having my questions answered prior to entering the water.

9. I am responsible for knowing all fish and game regulations relating to any fish and game that I take.

10. I understand that the Captain will make the final selection of dive locations, based upon weather and water conditions, and I will abide by his decision. Despite his selection of the dive location, I understand that there are risks in the sport of skin and scuba diving that cannot be eliminated.

11. I understand that care must be exercised at all times when entering or exiting the boat while boarding, scuba diving, or snorkeling/swimming.

  12.  I understand there are potentially dangerous predator animals in the water and any interactions I have with them are not supervised and any bodily harm to my person is not anyone’s responsibility but my own.

RELEASE OF LIABILITY

I WILL RELEASE Peace Boat, LLC, Dive Boat Peace, its owner, and their employees and agents, including the boat Captain and divemasters, from any and all responsibility or LIABILITY for any and all injuries or damages sustained by me or others. I WILL NOT SUE or make a claim against any of the above parties for injuries or damages sustained by me or others, whether it arises or results from any NEGLIGENCE or other liability.

I am fully aware that diving with compressed air involves certain risks and that INJURIES OR DEATH CAN OCCUR. I further agree that if I am involved in an underwater accident that the Captain or divemaster may require that I be evacuated to a hyperbaric chamber and that I am responsible for all associated expenses.

I understand that dives on this trip may be conducted at remote locations and that a hyperbaric chamber may not

be easily accessible. Nonetheless I agree to proceed with this dive trip.

I HAVE READ THIS PEACE BOAT LLC CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND
LIABILITY WAIVER AND RELEASE AGREEMENT, AND I AGREE TO BE BOUND TO THE TERMS AND CONDITIONS SET FORTH ABOVE, INCLUDING BUT NOT LIMITED TO THE ACKNOWLEDGEMENT OF RISKS, AND THE RELEASE OF LIABILITY. I UNDERSTAND BY SIGNING THIS DOCUMENT IN DIGITAL FORMAT, THAT IT HAS THE SAME FORCE AND EFFECT AS IF I WERE EXECUTING THE DOCUMENT IN PAPER FORMAT, AND IT IS TO BE CONSIDERED A LEGALLY ENFORCEABLE DOCUMENT.

Signature of parent or Guardian if diver is a minor: