I, the undersigned, hereby affirm that I am a certified diver and am cognizant of all the inherent dangers and risks of skin and scuba diving, and of the basic safety rules for outdoors, water and underwater activities.

1. I fully understand and agree in consideration of my being permitted to engage in scuba diving, dive boat use, equipment use, snorkeling, stingray & shark encounters, other water sports activities, kayaking, stand-up paddle, horseback riding, canopy ride, hiking, trampoline, pool or any other activity relating to a dive, or an excursion included vacation (hereinafter “diving, snorkeling, and hiking activities”), all such diving or outdoors activities are at my own risk and I hereby freely and voluntarily release, discharge, waive and relinquish any and all claims or causes of action arising from or in connection with any diving activities including, without limitation, those for or relating to personal injury, illness, property damage or wrongful death occurring to me and/or arising against Springwater Resort, or any officers, agents, servants or employees of Springwater Resort or any affiliated corporation or subsidiary as a result of my engaging in diving activities, wherever and however such injuries, damages or death may occur and for whatever period of time said diving activities may continue, and I do for myself, my heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any actions or causes of action which may hereafter arise for me or my estate against Springwater Resorts, and I agree that under no circumstances will I or my heirs, executors, administrators and assigns prosecute or present any claim for personal injury, illness, property damage or wrongful death against Springwater Resorts, as a result of the negligence of Springwater Resorts or otherwise.


2. I fully understand the hazards and dangers incidental to engaging in the diving, snorkelling or any water activities and I hereby assume all such risks and dangers attendant to those activities, including, without limitation, any negligence of Springwater Resorts.


3. I agree to furnish my own equipment and be responsible for its good operating condition regardless of where I obtain it. I agree further that prior to each dive I will check my own equipment and my buddy’s equipment to ensure proper function, completeness, and familiarity and do not expect my equipment to be inspected by anyone else.


4. If I obtain any equipment from Springwater Resorts, I hereby accept the equipment in the condition as is. I acknowledge having examined the equipment and have satisfied myself that it is in good order and working condition. Springwater Resorts accepts no responsibility for any defect in the equipment and does not warrant that it is suitable for any particular purpose. I agree that the use of any equipment is at my own risk. I agree that I shall return the same in good order and working condition and shall be financially liable for any deviations therefrom.
   In the event that evacuation and/or further medical treatment is necessary, I agree that all expenses related to evacuation and/or further medical treatment shall be my responsibility should it be deemed necessary by myself or Springwater Resorts.


5. By signing this agreement, I release Springwater resorts from any claim or cause of action I, or my estate, may have for personal injury, illness, property damage or wrongful death arising from diving or any underwater and outdoor activities, whether caused by the negligence of said parties or otherwise. I agree to hold harmless Springwater resorts for any claims for and/or injury or death which may occur to me during or as a result of any diving or any underwater and outdoor activities.

Jurisdiction

1. I have read, fully understand and agree to the printed conditions of this Release and Waiver and hereby waive for myself, my heirs, executors, administrators and assigns, any claims and demands or causes of action of any nature whatsoever against Springwater Resorts, arising hereunder. This agreement shall be determined according to the laws of Honduras and shall be adjudicated in the courts of Honduras to the exclusion of any other courts.


2. I have read this agreement, understand it, I am qualified in law and equity to sign it and I intend and agree to be bound by it and that I am voluntarily giving up substantial legal rights, including the right to sue the manager or owners of the premises.


3. I hereby declare I am of legal age and am competent to sign this waiver and release agreement or that my parent or guardian will sign this document on my behalf if I am a minor.