Peace FREE-DIVE Trip Agreement

PEACE BOAT LLC FREE-DIVER ASSUMPTION OF RISK AND RELEASE 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 charter in 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                             

                                                                                                                             

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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.

                                                                                                                                   

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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.                                          

                                                                                                                                  

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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 charter is 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.

                                                                                                                                  

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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 fees incurred by the assured or their Insurers to defend any legal action under this agreement.

                                                                                                                                                  

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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).

 

                                                                                                                           

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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).

Sign Here [FIRST NAME] [LAST NAME] 05/12/2024

Signature of parent or Guardian if diver is a minor:

Sign Here 05/12/2024

 

I, [FIRST NAME] [LAST NAME], declare that I am experienced and proficient with the skills of free-diving and related activities and equipment, OR I am currently being trained and am under supervision of my instructor.
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[AGENCY NAME] [CERTIFICATION NUMBER]

 

I UNDERSTAND THAT FREEDIVING AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS. Participating in these activities may expose me to risks which can result in SERIOUS INJURY, DISABLEMENT,AND/OR DEATH. Knowing this, I ACCEPT FULL RESPONSIBILTY for all consequences of my actions and expressly assume all risks of harm. 

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In consideration for granting permission for me to be a passenger on this diving trip aboard theDive Boat Peace, I AGREE TO THE FOLLOWING TERMS AND MAKE THE FOLLOWING WARRANTIES:

1) I will not dive while under the influence of alcohol or drugs, or while my judgment is impaired, and I am in good physical condition and of sound mental health.
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2) I will not dive alone and will dive in cooperation with another diver with whom I have discussed our dive plan, safe diving practices, and emergency procedures.
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3) I will dive with a high visibility locating device to indicate my position at all times.
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4) While diving, I will carry at least one emergency signaling device.
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5) I will not dive in conditions in which I do not feel comfortable or that are beyond my experience level or physical ability.
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6) I will not hyperventilate in preparation for a dive nor attempt to extend a dive beyond my personal safe limits, as doing so can greatly increase the risk of blackout, serious injury, and/or death.
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7) I will assess the conditions at each dive site, including current, swell, chop, wind, visibility, boat traffic, and other variables as they relate to the safety of myself and others.
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8) Spearguns may be loaded only while in the water and must be unloaded at all other times.
Initial Here I understand that I have the right to have document reviewed by independent council, and by executing this document I hereby give up that right. 
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9) I am fully responsible for knowing and complying with all current laws and regulations as they relate to any game I may take and any gear I bring aboard or use. 

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10) I understand that the Captain has the final decision regarding a dive location, and I will abide by that decision. This decision of dive location does not in any way reduce the risks inherent with freediving and related activities, and I remain fully responsible for my safety.
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11) I understand that this diving trip may be conducted at remote locations and that treatment facilities may not be readily accessible. I agree that if I am involved in a diving related or other accident, the Captain or divemaster may require that I be evacuated to a treatment facility. I agree that I am fully responsible for all associated expenses. Knowing this, I agree to proceed with this dive trip.
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RELEASE OF LIABILITY AND COVENANT NOT TO SUE
 
I HEREBY FULLY RELEASE, discharge, and hold harmless PEACE BOAT LLC, its owners, operators, Captains, divemasters, crew, employees, agents, successors and assigns (the “Released Parties"), FROM ANY AND ALL LIABILITY, demand, claim, or right of action of any kind, for any injury or damage of any sort, to person or property, sustained by me or others, in any way arising, directly or indirectly, out of events on board, conducted from, or in association with the Dive Boat Peace, even though the liability may arise out of negligence or carelessness on the part of the Released Parties. Furthermore, I COVENANT NOT TO SUE or make any demand or claim against ANY OF THE RELEASED PARTIES. This release and Covenant Not To Sue shall be binding on myself, my heirs, executors, assigns, and other representatives.

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.

Sign Here   05/12/2024

Signature of parent or Guardian if diver is a minor:

Sign Here 05/12/2024

PEACE SAFETY EQUIPMENT AND PROCEDURES
I am aware that there are 50 adult and five child lifejackets on board and they are located underneath the benches in the galley plus under the sundeck pad.
I have been shown the proper way to don and use lifejackets.
I am aware there are 9 fire extinguishers on board, one in every major compartment, and four in the galley.
I am aware of the 5 smoke alarms throughout the bunk room and galley.
I am familiar with the location of the exit hatches.
I understand there is a general ALARM sound on board in case of emergency (demonstrated to me)
I understand the primary MUSTER STATION [ GATHERING PLACE IN CASE OF EMERGENCY] is on the rear deck of the boat.
The secondary MUSTER STATION is up by the bow of the boat. In case of emergency, the Captain or crew will direct me to the correct MUSTER STATION depending on the type of emergency.
I am aware there is a fifty-man inflatable life raft on top of the house of the boat.
I hearby certify I have read and understand this notice of the Fire and safety features on board the PEACE.
REGARDING LITHIUM BATTERIES, I UNDERSTAND I MUST FOLLOW THE STRICT RULES EXPLAINED TO ME AND POSTED IN THE CHARGING AREA.

 

Sign Here [FIRST NAME] [LAST NAME] 05/12/2024

Signature of parent or Guardian if diver is a minor:

Sign Here 05/12/2024


Who will be participating?

Adult  Children

Signee Information

If not yet certified, put "STUDENT"with instructor's name

Sign Here

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.