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Charter Trip Waiver & Release

Directions: Please read carefully, fill in all blanks and initial each paragraph before signing at bottom. Any scuba diving charter or trip REQUIRES this form to be completed before boarding.

For minor children, this form MUST be filled out by their Parent/Guardian.

Full Name:

Birthdate:

Date(s) of Charter:

For , the charter/trip booked by Raleigh Scuba Diving, LLC (hereinafter “RSD”).

I, , acknowledge that RSD is acting as a booking agent only and that RSD does not own, operate, manage, or control the independent suppliers of the charter/trip services (“Services”) and is not liable for their acts or omissions. RSD’s obligations are to make bookings on my behalf and to arrange relevant contracts between myself and the independent suppliers of the Services. I acknowledge that RSD has no responsibility for these Services, nor the authority to make any warranty or representation regarding their standard. Requests cannot be guaranteed.

All bookings are subject to the terms and conditions and limitations of liability imposed by the independent suppliers of the Services. I understand that my legal recourse is against the specific independent suppliers of the Services, not RSD. I understand RSD is 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 charter/trip.

I, , hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving activities. 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 charter/trip. I further agree that I will not hold Raleigh Scuba Diving, LLC responsible should I become injured as a result of a medical condition while I am participating in this charter/trip. 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.

Further, I understand that diving with compressed air or oxygen enriched air (nitrox) involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries or other barotrauma/hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that the open water diving charter/trip may be conducted at a site that is remote, either by time of distance or both, from such a recompression chamber. I still choose to proceed with such dives in spite of the possible absence of a recompression chamber in proximity to the dive site.

. In consideration for allowing my participation in this charter/trip, I hereby personally assume all risks in connection with said charter/trip, for any harm, injury, or damage that may befall me while I am a participant of this charter/trip, including all risks connected therewith, whether foreseen or unforeseen.

I further agree to save, defend, indemnify, and hold harmless RSD from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my enrollment and participation in this charter/trip including both claims arising during the charter/trip.

I also understand that diving activities are physically strenuous and that I will be exerting myself during this charter/trip, and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold RSD responsible for the same, and I agree to defend, indemnify, and hold harmless RSD for any such injuries incurred by me.

I understand that the charter/trip activities may place me deeper than I am able to safely execute a free (without breathing gas) ascent from.

I understand that I may be required to furnish my own equipment and that I am responsible for its operating condition and maintenance. I further acknowledge that RSD is not responsible for any equipment furnished by the independent suppliers of the Services and is in no way responsible for the operating condition and maintenance of the equipment I use on the charter/trip.

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 document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.

Where the participant is a minor:

I, , the parent having legal custody and/or the legal guardianship of , acknowledge, affirm, and adopt all the terms of this waiver and release as they relate to the my child/ward and the trip/charter.

IT IS THE INTENTION OF BY THIS INSTRUMENT TO EXEMPT AND RELEASE RSD AND ALL STAFF OF RALEIGH SCUBA DIVING LLC, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF RSD, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS.

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Timestamp

Audit

7 December 2023 13:49 EDT

Charter Trip Waiver & Release Uploaded by Brian Mullins - dive@raleighscubadiving.com IP 65.190.90.89

11 December 2023 10:40 EDT

Amy Mullins - amy@raleighscubadiving.com added by Brian Mullins - dive@raleighscubadiving.com as a CC'd Recipient Ip: 2603:6080:c00:1700:d8e0:6c35:d775:f9c4

14 December 2023 11:38 EDT

Amy Mullins - amy@raleighscubadiving.com added by Brian Mullins - dive@raleighscubadiving.com as a CC'd Recipient Ip: 2603:6080:c00:1700:d169:55bf:9af:bce0

14 December 2023 11:52 EDT

Amy Mullins - amy@raleighscubadiving.com added by Brian Mullins - dive@raleighscubadiving.com as a CC'd Recipient Ip: 2603:6080:c00:1700:d169:55bf:9af:bce0

17 January 2024 14:51 EDT

Amy Mullins - amy@raleighscubadiving.com added by Brian Mullins - dive@raleighscubadiving.com as a CC'd Recipient Ip: 65.190.90.89