GENERAL TERMS AND LIABILITY RELEASE
Before committing to a trip with Wetpixel, please familiarize yourself with our Terms and Condition below:
I, hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving, snorkeling and travel related activities and am a wiling participant in a Wetpixel Expedition. In addition, I am aware of the contractual arrangements regarding trip fee payment(s) and refund(s) as appropriate.
- I understand and agree that neither the trip sponsors Wetpixel LTD, Adam Hanlon, the Trip Vessel, nor any of their respective employees, officers, agents 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 or my family, heirs, or assigns that may occur as a result of my participation in this diving trip or past certification training, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
- In consideration of being allowed to enroll in this trip I hereby personally assume all risks in connection with said trip, for any harm, injury, or damage that may befall me while I am a diving participant or passenger including all risks connected therewith, whether foreseen or unforeseen.
- I further agree to save, defend, indemnify, and hold harmless said Released Parties 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 participation and diving activities on this trip including claims arising during the trip even if such claims may be groundless, false or fraudulent.
- Further, I understand that diving with compressed air, oxygen-enriched air (Nitrox), supplied by standard open (or closed) circuit scuba involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, marine life injuries or other barotrauma/hyperbaric injuries. Such injuries can occur that require treatment in a recompression chamber or medical facility. I further understand that the Trip Destination is a remote site and isolated by time and distance from such a recompression chamber or medical facility. I still choose to proceed with such dives in spite of the absence of a recompression chamber in proximity to the dive site.
- I also understand that diving, snorkeling and travel related activities are physically strenuous and that I will be exerting myself during this diving 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 the above listed individuals or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said trip and Released Parties for any such injuries incurred by me.
- I understand that these activities may place me deeper than I am able to safely execute a free ascent (without breathing gas).
- I understand that I may be required to furnish some of my own equipment and that I am responsible for its operating condition and maintenance.
- 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 affirm that I have sufficient recent, relevant experience and (where applicable) training to safely carry out the activities that are planned during the trip. In the case of scuba related activities, Wetpixel reserves the right to inspect both qualifications and proof of experience prior to the trip’s departure, and to refuse participation in activities if these are not available or deemed (by Wetpixel) unsuitable.
- I understand that Wetpixel Expeditions cannot be responsible for factors beyond their control. Examples of these would include curtailment or cancellation of activities due to bad weather, the absence of any particular animal(s), delay due to travel restrictions or force majeur, underwater conditions that are not as expected and mechanical breakdowns of water craft or land based transport.
- Furthermore, I understand that if the trip departs, and I choose not to participate for any reason, I am still liable for the full trip fee.
- Payment of a trip deposit or trip fees means that Wetpixel will not resell your place(s) to any other individual. If you cannot travel for any reason, Wetpixel reserves the right to retain any monies paid thus far. In this event, Wetpixel will attempt to re-sell your space(s) but cannot be held responsible if this is not successful. Wetpixel will retain a fee to cover the administration costs incurred. Wetpixel strongly advocates that individuals purchase appropriate insurances to cover this eventuality.
- I understand that the terms herein are contractual and not a mere recital, and that I have signed this document as 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.