Indemnity & Assumption of Risk
By accepting these terms and conditions I hereby affirm that I thoroughly understand the risks and hazards occurring during snorkeling, SCUBA diving, and other and marine activities, which may include slipping or falling whilst on the excursion, being cut or bruised and other potential injuries. I certify that I am fully aware of and expressly assume these and other risks involved in such an excursion, whether conducted as a recreational activity or as part of a class.
By accepting these terms and conditions I understand and agree that neither the crew/dive professionals, owner, or any of the affiliate or subsidiary corporations, nor the owner, officer, 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 injury, death, or other damages to me, my family, estate, heirs, or assigns, that may occur as a result of participation in the Activity or as a result of the negligence of any party, including the released parties, whether passive or active. I also understand that skin diving/ snorkeling are physically strenuous activities and that I will be exerting myself during this activity, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the released parties responsible for the same. I further state that I am of lawful age and legally competent to accept this liability release, or that I have acquired the written consent of my parent or guardian.
By accepting these terms and conditions I understand the terms herein are contractual and not a mere recital, and that I have accepted this agreement of my own free act and with the knowledge 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 from this agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained herein. 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 I have the authority to do so and that my heirs, assigns, or beneficiaries will be stopped from claiming otherwise because of my representation to the released parties.
By accepting these terms and conditions I agree to exempt Cape RADD and release all the above listed entities and/or individuals from all liability and responsibility for personal injury, property damage, or wrongful death, however caused, including, but not limited to, product liability or the negligence of the released parties, whether passive or active. I have fully informed myself and my heirs of the contents of this liability risk and assumption of risk agreement by reading it before I accepting it on behalf of myself and my heirs.