Release of Liability/Assumption of Risk/Non-agency Acknowledgement Form

Certified Diver Experience Programs

Please read carefully and fill in all blanks before signing.

Non-Agency Disclosure and Acknowledgment Agreement

I understand and agree that PADI Members (“Members”), including COSTA RICA DIVE AND SURF and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees, or franchisees of PADI Americas, Inc., or its parent, subsidiary, and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs, and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions, or negligence of COSTA RICA DIVE AND SURF and/or the instructors and divemasters associated with the activity.

Liability Release and Assumption of Risk Agreement

I, hereby declare that I am a certified diver, trained in safe diving practices, and affirm that I am aware that skin and scuba diving have inherent risks which may result in serious injury or death.

I understand that diving with compressed air involves certain inherent risks, including but not limited to decompression sickness, embolism, or other hyperbaric/air expansion injury that may require treatment in a recompression chamber. I further understand that the open water diving trips necessary for this experience may be conducted at a site that is remote, either by time or distance, from such a recompression chamber. Despite the possible absence of a nearby recompression chamber, I choose to proceed with this experience dive(s).

I understand and agree that neither the dive professionals, COSTA RICA DIVE AND SURF, nor PADI Americas Inc., nor its affiliated and subsidiary corporations, nor any of their respective employees, officers, agents, contractors, or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to me, my family, estate, heirs, or assigns that may occur as a result of my participation in this experience or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in the experience dive(s), I hereby personally assume all risks of this experience, whether foreseen or unforeseen, that may befall me while I am a participant.

I further release, exempt, and hold harmless COSTA RICA DIVE AND SURF and the Released Parties from any claim or lawsuit by me, my family, estate, heirs, or assigns, arising out of my enrollment and participation in this experience, including both claims arising during the experience or after I complete it.

I also understand that skin diving and scuba diving are physically strenuous activities, and that I will be exerting myself during this experience. I acknowledge that if I am injured as a result of a heart attack, panic, hyperventilation, drowning, or any other cause, I expressly assume the risk of such injuries and will not hold the Released Parties responsible.

I declare that I am in good mental and physical fitness for diving, and that I am not under the influence of alcohol or any drugs that are contraindicated for diving. If I am taking medication, I declare that I have consulted a physician and received approval to dive while using the medication.

I will inspect all of my equipment prior to this experience and notify the Released Parties if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment before diving.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand that the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free will, acknowledging that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed, and the remainder of this Agreement will remain valid as if the unenforceable provision had never been included.

Additional Release Clauses

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so, and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise based on my representations to the Released Parties.

I, by this instrument, agree to exempt and release the dive professionals, COSTA RICA DIVE AND SURF, and PADI Americas, Inc., along with all related entities as defined above, from all liability or responsibility 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 have fully informed myself of the contents of this Non-agency Disclosure and Acknowledgement Agreement and Liability Release and Assumption of Risk Agreement by reading both before signing below on behalf of myself and my heirs.