Last updated August 10, 2023

ACKNOWLEGMENT OF RISK ASSUMPTION AND RESPONSIBILITY & RELEASE OF LIABILITY 

ACKNOWLEDGE THIS WARNING There are significant elements of risk in any adventure, sport or activity associated with swimming, snorkelling, diving and boating, (referred to herein as “activity”) and the use of any equipment it is up to you to master the basics – moving, maneuvering, braking and turning. Otherwise, you pose a danger to yourself and to others.

ACKNOWLEDGMENT OF RISKS: I/We recognize that there are inherent risks in this type of activity. These risks may result in serious injury or death, and include but are not limited to the following:

1) Falls/slips; 2) Hazards related to waterways, other users, boats and/or obstructions; 3) Hot and cold weather and head related injuries or illnesses including hypothermia, frostnip, frostbite, heat exhaustion, heat stroke and dehydration: 4) Inclement weather, varied or severe wind, weather or temperature conditions; 5) Slippery conditions associated with fog drip, rain, other precipitation; 6) Fog banks which can reduce visibility to near zero; 7) My physical coordination, ability to balance or control the fin, the speed at which I travel and my ability to follow directions; 8) Equipment failure; 9) Loss of or damage to personal property; 10) Accidents or illnesses occurring in remote places where there are no available medical facilities; 11) Drowning. I/We understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility for those risks identified herein and those not specifically identified. I certify that I am (we are) physically and mentally capable of participating in this activity. My/Our participation in this activity is purely voluntary. No one is forcing me/us to participate. I/ We choose to participate despite the risk. Therefore, I assume full responsibility, for myself and any minor children for which I am responsible, for bodily injury, accidents, illness, death, loss of personal property and any related expenses. I acknowledge that if during the activity l/we may experience fatigue, chill and/or dizziness it may diminish my/our reaction time and increase the risk of accident. Since drowning is a serious risk during water activities, I/We agree to wear a Type II flotation device.

I assume the risk(s) of personal injury, accidents and/or illness, including but not limited to, sprains, torn muscles and/or ligaments; fractures or broken bones; eye damage; cuts, wounds, scrapes abrasions, and/or contusions, dehydration, oxygen shortage (hypoxia), exposure and/or water sickness: head, neck, and/or spinal injuries, animal bite or attack, insect bite or allergic reaction, shock, drowning.

COVENANT OF GOOD FAITH: I recognize that you, as provider of services will operate under a covenant of good faith and fair dealings, but that you may find it necessary to terminate an activity due to no forces of nature, medical necessities or problems in the group; and/or refuse or terminate, the participation of any person you judge to be capable of meeting the rigors or requirements of participation in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with the respect to swimming, snorkeling, diving and boating objectives.

AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or in its absence agree to pay all medical costs of rescue and/or medial services as may be incurred on my/our behalf. I agree that any film or photographs of me/us, as participants, become your property and may be used for promotional or commercial purposes.

RULES OF OPERATION:

PARTICIPANT hereby agrees to the following rules of operation: 

1. Participant must be at least eighteen (18) years of age and all children must be accompanied by a responsible adult over eighteen (18) years of age.
2. Participants represent that they: (i) Are in good health, and in proper physical condition to participate in the course and use of any equipment rented by Amphi Americas; (ii) Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in the course and ANY activity organised by Amphi Americas; (iii) Do NOT have ANY pre-existing conditions which would make Participants unfit to participate in the course and ANY activity organised by Amphi Americas. It is the sole responsibility of all Participants to determine sufficiency of health, fitness, and ability to participate in the course and ANY activity organised by Amphi Americas.
3. PARTICIPANT ASSUMES LIABILITY FOR ANY AND ALL PROPERTY DAMAGES OR PERSONAL INJURIES, INCLUDING HIS OR HER OWN, OR ANYONE WITH PARTICIPANT ARISING OUT OF THE OPERATION OF OUR EQUIPMENT PURSUANT TO THIS AGREEMENT.
4. RELEASE: As consideration for being permitted by Amphi Americas or one of its affiliated organizations to participate in these activities and use of their equipment. I hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, sue or attach property of Amphi Americas, the city or any of its affiliated organizations or the supplier of any of the equipment I or anyone in my party will use in these activities for injury, or death, or damage resulting from the negligence or other acts, howsoever caused by Amphi Americas or by any employee, agent or contractor of Amphi Americas or any of its affiliated organizations as a result of my participation in the course and use of their equipment. I hereby agree to indemnify and hold harmless and release Amphi Americas and any of its affiliated organizations from all actions, claims, or demands that I, my assignees heirs, distributees and legal representatives now have or may hereafter have for injury, or death, or damage resulting from my participation in the course and use of their equipment. In consideration of services provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, or any others in my group, do hereby release: 

AMPHI AMERICAS LLC Its principals, directors, officers, agents, employees and volunteers and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, are released from all liability and I/we waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).