COVID-19 PANDEMIC VOLUNTARY RELEASE, WAIVER & ASSUMPTION OF RISK

By purchasing the following boat ticket you agree to...

COVID-19 PANDEMIC VOLUNTARY RELEASE, WAIVER AND ASSUMPTION OF RISK

I, (FULL LEGAL NAME), understand that the State of California is currently subject to a stay-at-home order due to the COVID-19 pandemic. I am fully aware of the rules and regulations imposed by the State of California, including the requirement that I must maintain social distancing of at least six feet from other participants, and that I must wear a mask as required. I represent that:

• I am aware that persons over age 65 and persons with underlying health conditions are at greater risk of contracting COVID-19 and becoming ill, potentially risking death.

• I am not experiencing symptoms of COVID-19, such as a dry cough, fever, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of sense of smell and/or taste.

• I have not been advised by a physician that I am COVID-19 positive.

• I am physically able to engage in diving and/or related activities (hereinafter “Activities”) while following all rules aboard the boat.

In consideration for my participation, I agree as follows: 1. Assumption of Risk. I fully understand that there are dangers, inherent and otherwise, during the COVID-19 pandemic. I further understand that my participation may expose me to the risk of personal injury or death and/or causing me to acquire COVID-19 and transmit it to others. I hereby acknowledge that I am participating of my own free will and I agree to assume the full risk of any injuries and/or damages and/or losses of any kind, regardless of severity and including death, that may occur due to the COVID-19 pandemic.

2. Waiver and Release of Liability. I, intending to be legally bound for myself and my heirs, personal representatives, next of kin, and anyone who might make a claim on my behalf, hereby waive, release, and discharge N2 Narcosis Inc., dba Eco Dive Center, dba DiveCenter.com, its officers, agents, independent contractors, employees, and volunteers from any and all claims for damages and/or liability, whether caused by any active or passive negligent act or omission of N2 Narcosis Inc., dba Eco Dive Center, dba DiveCenter.com, or its officers, agents, independent contractors, employees, and/or volunteers, or otherwise related to my participation and promise not to sue N2 Narcosis Inc., dba Eco Dive Center, dba DiveCenter.com, its officers, agents, independent contractors, employees, and/or volunteers for any damages I incur in connection with Activities. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown .

3. Compliance with All Rules. I agree to obey all rules and regulations applicable and instructions provided by N2 Narcosis Inc., dba Eco Dive Center, dba DiveCenter.com, its officers, agents, independent contractors, employees, volunteers & staff during my participation in Activities.

4. Miscellaneous. I acknowledge and agree that this Agreement is binding upon my heirs, assigns and legal representatives. I agree that this Agreement is intended to be as broad and inclusive as is permitted by California law. I further agree that this Agreement is severable and that if any clause is found invalid, the balance of the Agreement will remain in effect, valid, and enforceable.

I HAVE READ THIS AGREEMENT AND WAIVER AND RELEASE OF LIABILITY, KNOW, UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS, AND SIGN IT OF MY OWN FREE WILL.

Participant’s Full Legal Name: ________________________

Signature:________________________________________

Date: ___________________________________________

If participant is under the age of 18, a parent or legal guardian must read and sign this Agreement, agreeing to be bound by its terms and verifying that he/she is the parent and/or legal guardian of the minor.

Parent/Legal Guardian Name: __________________________

Signature: __________________________________________

Date: ______________________________________________