Please read this carefully. It affects your legal rights.
1. Parties
This agreement is between me, the participant named in this form, and Jessica Manna, doing business as Dive with Jess (“the Guide”), together with the Guide’s heirs, assigns, and anyone assisting the Guide. It covers every dive, training session and related activity I take part in with the Guide, including travel to, from and between dive sites (“the Activities”).
2. I understand diving has risks
I understand that scuba diving and related activities carry real risks that cannot be fully removed, even when everyone involved is careful. These include, among others: decompression sickness, lung over-expansion injuries, drowning, hypothermia, injury from marine or aquatic life, equipment failure, entanglement, poor visibility, currents and changing weather, injury on boats, docks, shorelines and slippery surfaces, and the fact that emergency medical care, including a recompression chamber, may be far away. Some of these can cause permanent injury or death. I choose to accept these risks.
3. My responsibilities
I confirm that I am certified for the type of diving I am planning, and that I will dive within the limits of my training and experience. I will follow the agreed dive plan and the Guide’s safety briefings, stay with my buddy, monitor my own air or gas, depth, time and no-decompression or decompression obligations, and end the dive if I feel unwell or uncomfortable. I am responsible for checking my own equipment before each dive and for its condition and maintenance, whether it is mine or rented from someone else. I will not dive under the influence of alcohol or drugs.
4. Health
I have answered the Diver Medical form truthfully and completely. If I answered “Yes” to any question, I will not dive until a physician has given me written approval, and I will give the Guide a copy. I will tell the Guide before diving about any change in my health.
5. The Guide’s role
I understand the Guide is a PADI Divemaster acting as a dive guide. The Guide is not a dive instructor and does not issue certifications through this service, and is not responsible for my decisions underwater. Dive sites, boats, air and gas fills, and rental equipment are provided by independent businesses (such as Lake Hydra and Atlantis Aquatics) that the Guide does not own or control.
6. Release of liability
To the fullest extent the law allows, I release the Guide from any and all claims for injury, illness, death, or loss of or damage to property that arise from my participation in the Activities, including claims caused by the ordinary negligence of the Guide. I agree not to sue the Guide for any such claim. This release does not apply to gross negligence or intentional misconduct.
7. Indemnity
If anyone makes a claim against the Guide because of my participation or my actions, I agree to cover the Guide’s reasonable costs of defending it, including legal fees, to the extent the law allows.
8. Emergency care
If I am injured or become ill, I allow the Guide to arrange first aid, emergency oxygen, evacuation and medical treatment on my behalf, and I accept responsibility for the costs.
9. General
This agreement is governed by the laws of the State of New Jersey. If any part of it is found unenforceable, the rest still applies. It stays in effect for all Activities I take part in with the Guide for 12 months from the date I sign it. I have read this agreement, I understand it, and I am signing it voluntarily. I understand that by signing I am giving up important legal rights.
Your details are sent only to Jess and used to plan and run your dive, and in an emergency. Jess keeps signed forms for 7 years, then deletes them.