Voluntary Release, Waiver, and Assumption of Risk
Cold Water - 65°F/18°C or less
Tanks are included with your trip, but you're welcome to bring your own if you'd like.
(participating on a class onboard)
"I certify I am in active teaching status and have current liability insurance to teach scuba diving."
Click to Initial
If Renting Gear:
This Voluntary Release, Waiver and Assumption of Risk applies to boat travel, scuba diving, rentals, and any other activities that you may undertake with Waterhorse Charters, Inc d/b/a Waterhorse Charters, (collectively, the “Activities”). If you do not agree with the provisions of this waiver, do not undertake any of the Activities.
I hereby affirm that I am a certified diver or a student diver under the control and supervision of a certified scuba instructor and that I thoroughly understand that diving with compressed air, oxygen-enriched air (Nitrox), and trimix supplied by standard open-circuit scuba or with semi-closed circuit or closed circuit rebreathers, involves certain inherent risks including air expansion injuries, drowning, decompression sickness, embolism, oxygen toxicity, inert gas narcosis, hypoxia, hypercapnia or other barotrauma or hyperbaric injuries. Such injuries can occur that require treatment in a recompression chamber or medical facility. I further understand that dive activities can be at remote sites, and isolated by time and distance, from such a recompression chamber or medical facility. I still choose to proceed with such dives in spite of the absence of a recompression chamber in proximity to the dive site. I also thoroughly understand hazards of scuba diving include those hazards occurring during boat travel to and from the dive site including but are not limited to, slipping or falling while onboard, being cut or struck by a boat w
hile in the water, injuries occurring while getting on or off a boat, and other perils of the sea.
I will inspect all equipment being used as part of my activities with Waterhorse Charters, Inc d/b/a Waterhorse Charters. If I believe that anything is unsafe, I will immediately notify Waterhorse Charters, Inc d/b/a Waterhorse Charters and immediately leave the unsafe area or equipment and refuse to participate further in any Activities.
I UNDERSTAND THAT THERE WILL BE NO REFUNDS FOR EQUIPMENT THAT IS RETURNED EARLY. THERE WILL BE A CHARGE FOR EQUIPMENT THAT IS DAMAGED, NOT RETURNED, OR RETURNED LATE. I AGREE THAT WATERHORSE CHARTERS, INC D/B/A WATERHORSE CHARTERS MAY CHARGE MY CREDIT CARD FOR ANY SUCH FEES.
Release of Liability:
I understand and agree that neither Waterhorse Charters, Inc d/b/a Waterhorse Charters, captain or crew, owner(s) of the vessel, nor the vessel Humboldt, nor the vessel Camarão, nor the owners, members, directors, managers, operators, officers, employees, agents, or assigns of the above-listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence the Activities which may result in personal injury including paralysis or permanent disability, or property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in the Activities or as a result of the negligence of any party, including the Released Parties, whether passive or active. I further state that I am of lawful age and legally competent to sign this liability release, or that I have obtained the written content of my parent guardian.
I, BY THIS INSTRUMENT, FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ASSIGNS DO HEREBY EXEMPT AND RELEASE THE RELEASED PARTIES (AS DEFINED ABOVE) FROM ALL LIABILITY AND RESPONSIBILITY WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM THE ACTIVITIES FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER, CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, BY ME OR BY ANY OTHER PERSON OR ENTITY, BY WHOMEVER OR WHEREVER MADE OR PRESENTED, AND UNDER NO CIRCUMSTANCES WILL I PRESENT ANY CLAIM AGAINST ANY RELEASED PARTY FOR PERSONAL INJURIES, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHERWISE, ARISING FROM THE ACTIVITIES, WHETHER OR NOT CAUSED BY ANY ACT OF NEGLIGENCE BY ANY RELEASE PARTY. BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THE ACTIVITIES, AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING TO ME AND MY HEIRS AND WILL PRECLUDE ME OR MY HEIRS FROM RECOVERING MONETARY DAMAGES FROM THE RELEASED PARTIES, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, INCLUDING PARALYSIS OR PERMANENT DISABILITY, PROPERTY DAMAGE OR DEATH, HOWEVER, CAUSED, INCLUDING, BUT NOT LIMITED TO OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND IF ANY PORTION OF THE RELEASE IS HELD INVALID, IT IS AGREED THAT THE BALANCE SH
ALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Rebreather Divers Only:
I hereby affirm that I have been trained and I am certified to operate the specific rebreather equipment that I am using today on the vessel Humboldt with Waterhorse Charters, Inc d/b/a Waterhorse Charters. I will operate the equipment according to manufacturer specifications and training agency standards.
Video and Photography Release
By signing this document, you're granting us the irrevocable right and permission to use photographs and/or video recordings of you in our website, social media, and/or promotional flyers, as well as waiving the right to approve the final product. All such photographs, video, audio recordings, and digital files will remain our property.
Audio/Video Surveillance Cameras
By signing this document, you acknowledge that audio/video security cameras are used at our shop and boats to ensure the security of the premises and equipment from theft, unauthorized access, or damage to the property as well as to record any accidents or injuries at our workplace. All security cameras are strategically positioned and should not be tampered with. Waterhorse Charters, Inc in connection with investigation of suspected criminal conduct or security violations or incidents may review data from the video security equipment. Access to data involving will be limited to appropriate administrative personnel and police liaison officers.
Waterhorse Charters, Inc d/b/a Waterhorse Charters has put in place an extensive protocol with preventative measures to reduce the spread of COVID-19, however, we cannot guarantee that you will not become infected with COVID-19. Further, participating in this activity could increase your risk of contracting COVID-19.
I ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY PARTICIPATING ON ANY ACTIVITIES AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 AT WATERHORSE CHARTERS, INC D/B/A WATERHORSE CHARTERS MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MYSELF AND OTHERS, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES AND ACTIVITIES PARTICIPANTS AND THEIR FAMILIES. I VOLUNTARILY AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, OF ANY KIND, THAT I MAY EXPERIENCE OR INCUR IN CONNECTION WITH MY PARTICIPATION IN ANY ACTIVITY (“CLAIMS”). ON MY BEHALF, AND ON BEHALF OF MY CHILDREN, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS WATERHORSE CHARTERS, INC D/B/A WATERHORSE CHARTERS, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF WATERHORSE CHARTERS, INC D/B/A WATERHORSE CHARTERS, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN ANY ACTIVITY.
Emergency Contact Information:
Last, but not least:
(this is totally optional, but we loooove to read these answers)
Tue Mar 21, 2023