Terms of Agreement
Please acknowledge each paragraph by your initials and your full legal name and today’s date at the end of this form. The date of the dive charter with Tortuga Charters is .
Dive Season 2019
I understand this is a release of my right to sue or bring legal action.
Whereas, I, , being of sound body and mental health, hereby affirm that I am aware of and thoroughly informed of the inherent hazards of skin and scuba diving, including but not limited to serious injury and possible death. I have been trained and am a properly certified and competent scuba diver, and have the experience to safely complete any scuba dive that I would attempt, aboard Tortuga or any other vessel.
I understand and agree that neither Tortuga Adventures, LLC, the dive vessel Tortuga, its Captain, James Rosemond or any employee, officer, agent, or assigns, including any dive shop, instructor, dive master or any other party, and herein referred to as the “released parties”, may not be held responsible in any way for any injury, death or other damages to me, my family, heirs, or assigns that may occur as a result of my participation in any dive aboard any Tortuga Charter, or as a result of any negligence of any party, including the released parties, whether active or passive.
I completely understand that the Captain and crew of Tortuga, or any other released party will not be supervising or controlling any aspect of my diving activities in any manner, before, during and after each dive.
I understand that skin and scuba diving are physically strenuous activities and that I am physically fit, and medically clear to participate in any dive that I attempt. I understand that I will be physically exerting myself and that if I am injured in any way, that I expressly assume the risk if any injuries, and release all other parties from any liability for such injuries.
I acknowledge that I am of lawful age and legally competent to sign this release, or that I have acquired the written consent of my parent or guardian.
I will inspect all of my equipment prior to diving and will not hold any of the released parties responsible for my failure to ensure the proper working order of my equipment.
I am aware of the dangers of breath holding while diving, and I will be responsible if I am injured while holding my breath.
I affirm that I am in good mental and physical fitness for diving, and that I am not under the influence of alcohol, nor am I under the influence of any drug that is contradictory to safe diving. If I am currently taking prescribed medication, I affirm that I have seen a physician, explained my desire to scuba dive and have approval to dive while under the influence of the medication.
I accept and understand the inherent risks of diving in the open ocean, including but not limited to death, injury or disfigurement from drowning, being lost at sea due to strong currents, injury from underwater marine life, entanglement in the underwater debris, fishing line, cables and shipwrecks, accidents from getting on and off the boat at sea, equipment failure, panic, narcosis or any other factor that impairs the diver. I understand these risks and choose to proceed with the dive.
I understand that following all appropriate dive practices while diving with compressed air still involves certain inherent risks; decompression sickness, embolism, or other hyperbaric injuries can occur that require treatment in a recompression chamber. I further understand that the charter may be conducted at a site that is in a remote location, either by time or distance or both, from such a recompression chamber. I still choose to proceed with the charter in spite of the absence of a recompression chamber in close proximity to the dive site.
I am aware that Tortuga Charters strongly condones buddy diving at all times, and it is the responsibility of the buddy team to plan the dive allowing for our diving limitations and the prevailing water and weather conditions. I will not hold the released parties responsible for my failure to properly plan my dive and execute that plan.
I understand that I am participating in a recreational dive charter, and that any dive that requires a mandatory decompression stop is strongly advised against, and that exceeding that limit could not only cause serious injury or death to myself, but place the entire crew and passengers on the vessel at risk should another emergency situation exist.
I understand that the terms herein are contractually binding and that I have signed this document on my own free will and without hesitation.
It is my intent to exempt and release all parties, from all liability or responsibility whatsoever for personal injury, property damage or wrongful death however caused, and forever save and hold harmless the released parties by signing this document.
I have read, understand and have informed myself of the contents of this liability release and express assumption of risk by reading it, and I still choose to continue with the dive, acknowledging that I am participating on my own free will and have the right to call off or terminate the dive at any time I choose.
Signed on behalf of myself and my heirs.
Signature of Parent or Guardian:
Emergency contact name:
Emergency contact: phone:
Highest level of scuba certification, Agency, number:
Number of logged dives:
Leave this empty:
Your legal name
If you have questions about the contents of this document, you can email the document owner.
Document Name: Terms of Agreement
Agree & Sign