IMPORTANT: THIS IS A LEGAL DOCUMENT: RELEASE

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1 IMPORTANT: THIS IS A LEGAL DOCUMENT: RELEASE Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights by signing this contract. Belize Diving Services, Ltd., BDS Marketing LLC, DiveGod.com, LLC, Paper Street Soap Company Ltd., and the Bar 88 W Ltd., their employees, agents, directors, officers, sponsors, advertisers, and volunteers, as well as the manufacturers, distributors, and providers of all equipment (hereinafter Dive Services) want you to have a rewarding experience. We wish to inform our guests that scuba diving, cave diving, ocean sports and kayaking (hereinafter Diving) are not risk free. The same elements that contribute to the unique character and fun of Diving, such as the physical exertion or the settings, can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect and to be informed of the possible risks. We require that you read this release, sign it and return it to our office. If you are signing as the parent or legal guardian (hereinafter parent) for a child (minor, someone under the age of 18) you agree to read, to have your minor read it, and, if necessary, to explain to the Minor the nature and terms of this agreement, as well as all the risks herein and of the activity. EXPRESS ASSUMPTION OF THE RISK There are risks that accompany all aspects of life as well as Diving. Some of these risks are inherent in the activity; some are changed, increased, or decreased due to the activities of Dive Services. You must understand and accept all the risks of the activity, inherent and others. By understanding these risks, you will enjoy your trip. Scuba: As a trained diver, you are familiar with the risks of Diving. Barotrauma, decompression sickness, nitrogen narcosis, pulmonary embolism and oxygen toxicity are a few that you must understand. Equipment may work differently in an ocean dive, and defective equipment is always a risk. Dehydration and hypothermia are possible when Diving, and both can occur. Dehydration increases your chances of becoming hypothermic and/or having decompression sickness. Drowning is a risk on or around water. A guided dive is to assist you in seeing the wonders of the ocean in this area. Dive masters and other divers are not there to keep you from exceeding your limits or to monitor you or your air. These responsibilities are solely yours. You must create, understand, and follow your own dive plan. You understand that you are expected to follow all prevailing requirements, training, and suggestions for safe Diving practices for your level of training and/or certification. Sea Life: You will encounter new and unusual animals, flora, and fauna in the ocean. You must consider all sea life dangerous while Diving. You are not allowed to touch or bother any sea life according to Belize law. Keep a safe distance from all sea life. Getting too close to any sea life can result in an injury. Take into account any currents or surge when judging your distance from anything, such as sea life, other divers, the boat, or shore. Antiquities: You understand you cannot touch or remove anything from the ocean without the proper permit from the Country of Belize. Air Consumption: You are the sole person responsible for your air consumption and monitoring. Follow your training and monitor your air consumption and make appropriate plans based on your breathing. Gaseous: Nitrox and/or mixed-gas Diving allows greater flexibility and depth in Diving. If you are doing a nitrox or mixed-gas dive, you understand those increased risks of using these gases and performing these types of dives, such as oxygen toxicity or depth-related injuries or drowning. You must use a dive planning table or a dive computer and not exceed your dive decompression limits. Dive Limit: Some dives are to the limit of recreational Diving. If you choose to participate in these dives, you are acknowledging that you are experienced and comfortable with dives to a depth of 30 meters (100 ). You understand that if you exceed 40 meters (130 ), you are exceeding the maximum recreational dive limit and putting yourself at extreme risk for injury or death. The nearest hypobaric chamber (recompression chamber) is 80 miles away and will involve hours of transportation. Dive accordingly. Sea Kayaking: Kayakers can be jolted, bounced, and otherwise shaken about during rides through the surf. It is possible you could be injured if you hit equipment or other objects while upright or upside down. PLEASE READ OTHER SIDE 1

2 Equipment may malfunction or break causing loss of property or injury. Kayaks may turn over in the surf, due to waves, wind or other reasons. Participants may swim or be in the water causing prolonged exposure to cold water leading to hypothermia, injury, or death. Injuries can be sustained after you are in the water from items floating on the water. Participants can be washed or thrown over by waves, which can result in any of the above injuries or death. Winds and currents may make the return to the dive shop difficult or impossible, and you may be lost at sea for hours or days. You understand that rain, and thunderstorms are common in the tropics and that the associated lightening, wind, and rain can cause impaired navigation, discomfort, or death. You can spend some time upside down in your boat, and you will get water in your nose. When you are upside down, you can hit objects with your head or body that are under the water. Never lose your paddle when kayaking. Kayaking requires a large amount of physical exertions and effort. Dehydration, sunburn, and sun-poisoning are some of the potential hazards that you can prevent with common sense. Plan accordingly. As a kayaker, you will be totally responsible for your own movement and safety. This requires a high level of physical exertion as well as emotional and mental stability. You will be primarily responsible for your own rescues. Alcohol & Drug Consumption: Dive Services is not responsible for any alcohol or drugs (legal or illegal) you bring onto the premises, trip, or activity. If you bring alcohol or drugs or consume alcohol or drugs on the premises or trips, you are responsible for yourself and those around you. Drinking alcohol or using drugs can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage. Drinking or using drugs while Diving is dangerous. Travel: Travel to and from the dive put-in and take out is incidental to the Diving. Accidents can occur during travel to and from the activity site. Heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, being outside, using portable toilet facilities, eating meals outside, and being in the open for the extended length of the trip can be uncomfortable or cause injury. Wetsuits: Wetsuits are available for rental. Wetsuits provide warmth in cold weather or water and provide protection from rocks, coral, jellyfish or other objects if you are in the water. A wetsuit may cut down on your ability to move, and some people have had allergic reactions from wearing a wetsuit. It is also possible to contact diseases from prior wetsuit uses. Dive Services has followed manufacture s recommendations in cleaning and caring for their wetsuits to the best of their ability; however, no one can guarantee the cleanliness of a wetsuit. By signing this agreement, you are stating you have nothing that would contaminate or make another person wearing the wetsuit ill. Please inspect any wetsuit you rent before putting it on, and please clean the wetsuit prior to returning it. Rental Equipment: If you are renting scuba equipment, you must check your equipment and make sure the equipment is suitable for your use, that the equipment fits and the equipment meets the requirements for the dives you are going to undertake. You must check to make sure the equipment meets the best Diving practices' of World Recreational Scuba Training Council (WRSTC) requirements. Before leaving the premises, inspect any tanks you are renting or have filled to make sure the tanks are full and ready to use. It is your responsibility, if at any time you feel your equipment is not satisfactory for you, to end your dive and ask for replacement equipment, which will be provided free of charge. Personal Equipment: If you are bringing your own dive gear, you agree that you have had your gear inspected, and it meets all necessary requirements for the dives you are going to be undertaking. Your equipment must meet the WRSTC and manufacture servicing requirements. Foreign Travel: In foreign countries, you will be dealing with different cultures and people. Food may be different and water sources may be questionable. You will experience new plants and animals on our trip that may be harmful. You need to be aware of your surroundings at all times and aware of how you are dealing with the environment, the people and their culture. When you leave your home country, you leave the comfort and safety that you have come to expect as well as your system of laws. Practices, laws and regulations in Belize will be different. Traveling in a foreign country is not like traveling in your Home Country. Vehicles are not maintained to the same standards as U.S. passenger transportation vehicles. Roads and bridges are not maintained like U.S. roads. They are dangerous and are in constant need of repair. Travel can occur by vehicle, boat, canoe, donkey, PLEASE READ OTHER SIDE 2

3 or any other system. Delays can occur at any time due to any factors beyond Dive Services control that cause the roads, the vehicles, or the entire transportation system to fail or stop. Foreign Medical Care: Medical care, as you understand it, is not available outside your Home Country. During your dives and other activities, you will be several hours travel by boat or other means from any medical facility. Your guides will probably be the immediate medical care you will have. You understand that divemasters are, at best, trained lay persons and not professional Emergency Medical Personnel. The medical facility you may be treated in will not have the same standards as hospitals or doctor s offices in your Home Country. The medical personnel treating you may not have the same training as medical personnel in your Home Country. Meals & Food Service: Dive Services cannot guarantee that your meal meets any allergy issues. Dive Services meets and/or exceeds all food handling and preparation laws and regulations. Belize does not require any labeling or ingredient identification; safe food-handling requirements are minimal, and no inspections are made. Your food may contain peanut products or other allergy-inducing food or food products. Your food may also contain animal products, animal byproducts, gluten, and other elements of a restricted diet. Guide/Instructor/Dive Master Decisions: Decisions are made by the dive masters, instructors, guides, and participants in a wilderness or open ocean settings based on a variety of perceptions and evaluations which, by their nature, are imprecise and subject to errors in judgment. Guide decisions are based on experience, observation, participant abilities, and numerous other factors at the time. Weather can change and/or participants can tire, and/or abilities are not as stated, which may change the entire situation, placing people at risk. As a participant, you accept these risks and situations based on guide decisions and other factors. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. The above paragraphs are not an exclusive or exhaustive list of possible injuries, trauma, or accidents that may occur while Diving. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or are not physically able to undertake the activity. You certify that your family members, including minor children and yourself, are fully capable of participating in this Dive program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minors, for bodily injury, death, loss of personal property, and any expenses as a result of your negligence, negligence of your family, negligence of other divers or the negligence of Dive Services. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You understand that Dive Services reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Diving. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. Parents agree to read and to explain to any Minors all posted signs and warnings, including instructions on use of equipment, and the undersigned agrees participants will obey all signs and warnings posted and to follow instructions from staff. You have reviewed this release with your family and informed your family and decedents as to the risk of scuba Diving, and that they are aware that you are participating in this sport with the full knowledge that through the actions of yourself or others, you may be injured or die. CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION You agree to indemnify and hold harmless Dive Services, their agents, and their employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family s or your participation in these activities for all past, present, or future claims, demands, and causes of action. You agree that Dive Services has a subrogation/right to indemnification for your actions based on any permit, grant, contract, or agreement with third parties. You further agree to release, acquit, and covenant not to sue Dive Services, their agents and employees for all action's, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Dive Services, negligence PLEASE READ OTHER SIDE 3

4 of another participant, or your family, yourself, or your heirs, against Dive Services arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Dive Services or anyone else for any reason if you or your family or Minor may receive an injury, and if you do, you cannot collect any money. This release shall not be superseded by any other agreement, whether there is any perceived inconsistency or not. You agree to indemnify, agree to subrogation and to reimburse Dive Services for any damages, costs, fees, or expenses they expend on you or your family's behalf, including the cost of any Search and Rescue, medical evacuation or for any damages you may do to third parties. You understand this means you are the insurer for the Dive Services for any actions or damages that you or your family may incur. You agree to the site of any lawsuit and the law governing any such lawsuit shall be Jefferson County Colorado and governed by Colorado law. The terms of this agreement shall continue and be in effect after the Diving trip has ended. All changes or alterations to this document must be in writing and approved by both parties. No changes to this document are valid. As liquidated damages, you hereby agree that if Dive Services is forced to defend any action, lawsuit, or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, or behalf of your heirs or executors that you agree to pay Dive Services costs and attorneys fees if they successfully defend such action, lawsuit, or litigation. You understand and agree that you are indemnifying Dive Services for any claim you may bring for any injury you receive and, if you do so, you will be subject to paying Dive Services damages and costs, including attorneys fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. You understand that Diving is not a necessity nor required for everyday life. If you do not want to sign this release, you understand you cannot go Diving with Dive Services. If you do not sign this release, you are free to go Diving with other companies. You have adequate health, disability, and life insurance for your family and yourself. You hereby give permission for transportation to any medical facility or hospital, and you authorize for any divemaster, guide, or other personnel to render necessary emergency medical care for you or your family. You hereby authorize the release of any medical information, including information concerning your HIV or AIDs status, in the possession of Dive Services to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against Dive Services or any health care provider, hospital, doctor, nurse, or first aid provider for the release of this medical information, including your HIV or AIDs status. You understand and acknowledge that the health care you will be receiving is not to the same standard of care as that in your Home Country. This release incorporates herein the information you have provided concerning your dive experience, education, history, and training which you completed accurately and true to the best of your knowledge. You,, of your own free will, for your family, your minor children, your heirs and executors, and yourself, have read, understand, and acknowledge the risks and liability for yourself and your family this day of [ ] By checking this box, you indicate that your family and you have previous Scuba Diving experience and hold a current fill card from a recognized dive training organization and have read all five (5) pages of this release. You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You PLEASE READ OTHER SIDE 4

5 understand under U.S. Federal and state law, there is no difference between signing this electronically or in writing. You understand that pursuant to Colorado Revised Statutes , this release is effective in preventing claims or litigation for injuries your child may receive. You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights. By signing this, you understand you cannot sue for any reason. If you do sue you cannot collect any money. If you sue and lose, you will owe us money. PARTICIPANT SIGNATURE PRINTED NAME ADDRESS SPOUSES SIGNATURE ADDRESS CITY, STATE POSTAL CODE TELEPHONE SPOUSES PRINTED NAME Copyright , James H. Moss, 720 Edit Law, PLEASE READ OTHER SIDE 5