Customers who have registered for a trip and placed a deposit to reserve space on said trip understand and agree that:

 

DOLPHIN SWIM SCHOOL, INC, (aka Dolphin Scuba Center) and its Parent Company (Recreational Sporting Goods International, Incorporated) Sister Company (DolphinScuba.com, Inc.) the Owner, the Trip Leader, and their officers, directors, shareholders, agents, employees, and affiliated companies (hereinafter collectively referred to as RELEASED PARTIES), assume no responsibility or liability for service, transportation or equipment made available by any airline, travel or booking agency, resort, hotel or other such entity, as to availability or safety, quality or condition, nor for the acts of any employee or agent of such entity. RELEASED PARTIES do not accept or assume any responsibility or liability for the safety, freedom from accident, injury or sickness that may arise or result, directly or indirectly, from activities in which Customer may engage on a prepaid trip.

 

Customer is solely responsible for fully understanding the risks inherent in all activities and travel related to participating in a trip, and Customer expressly assumes all risks involved in such activities and travel.

 

DOLPHIN SWIM SCHOOL, INC accepts no responsibility whatsoever for determining a Customer’s physical fitness to engage in any and all physical activities in connection with a prepaid trip or class. It is the sole responsibility of the Customer to determine if a thorough medical examination or consultation with a personal physician should be undertaken to determine appropriate physical fitness for participating in any trip. Notwithstanding, DOLPHIN SWIM SCHOOL, INC reserves the right at its sole discretion to require any Customer participating in a trip to produce a completed Diver Medical Participant Questionnaire signed by a licensed physician.

 

In case of a medical emergency, qualified personnel employed or contracted by RELEASED PARTIES may be required to administer first aid to Customer or get proper medical attention if necessary. The nearest medical/operational recompression chamber may be many hours away and may require air evacuation. The time involved with boat and air transport poses additional risk to Customer’s personal safety. Customer voluntarily accepts this additional risk and shall be fully prepared to pay all expenses related to evacuation and medical treatment should it be deemed necessary.

 

RELEASED PARTIES reserve the right to deny any reservation for any reason whatsoever. RELEASED PARTIES are released and absolved of and from any and all liability and responsibility for personal injury, emotional distress, death, property loss (including electronics, computers, SCUBA and photographic and/or video equipment), and any and all other damages that I may sustain in conjunction with or arising out of participation in any trip and the activities made available in connection therewith, whether such injuries, losses or damages result from negligence, products liability, strict liability, seaworthiness of the Vessel,  of any of the RELEASED PARTIES. RELEASED PARTIES shall further be defended, indemnified, and held harmless from any claim or lawsuit for any such personal injury, death, property loss, or other damages.

 

Any claim brought arising in any matter out of or relating in any manner to any trip or contract formed hereby or hereafter on the basis of payment for said trip, or any contract or circumstance arising from or related to any use by Customer of any vessel, facility or employee hired by DOLPHIN and the RELEASED PARTIES, must be adjudicated solely within the court of jurisdiction of DOLPHIN SWIM SCHOOL, INC, and not in any other place, tribunal or court, including, but not limited to, the Customer’s place of residence, and must be brought within one (1) year from the date of the incident giving rise to claim.

 

DEPOSITS, PAYMENTS, AND REFUNDS

 

Full payment of any trip is due 120 days prior to departure of trip, unless specifically stated otherwise in the original purchase agreement or trip confirmation documentation for said trip. 

 

DEPOSITS AS WELL AS PAYMENTS TOWARD THE BALANCE OF ANY TRIP ARE NONREFUNDABLE, AND CUSTOMER IS LIABLE FOR THE ENTIRE PRICE OF THE TRIP FROM THE TIME A DEPOSIT IS MADE. CUSTOMERS ARE ONLY RELEASED FROM LIABILITY OF PAYMENT IF, AND ONLY IF, SAID TRIP RUNS FULL, AND THE SPOT RESERVED FOR CUSTOMER ON SAID TRIP IS PAID IN FULL BY ANOTHER INDIVIDUAL.

 

CUSTOMER CONDUCT

 

For the entire duration of any trip, Customer is expected to behave reasonably, to abide by local customs and laws, and to follow all of the rules and regulations set forth by DOLPHIN SWIM SCHOOL, INC and the Trip Leader. DOLPHIN SWIM SCHOOL, INC and the Trip Leader have, at their sole discretion, the right to refuse service or remove any Customer whose behavior is deemed inappropriate, unsuitable, or in any way a danger to the other guests, the vessel, crew or facility, contractor or employee hired by RELEASED PARTIES, the Trip Leader or by the Vessel, WITHOUT ANY REIMBURSEMENT OR REFUND TO CUSTOMER OF ANY EXPENSES INVOLVED FOR THE TRIP.  

 

The remoteness of the area, local custom and prevailing weather conditions may cause substitution of facilities and/or equipment or cancellation of program activities. In the event of equipment failure of the Vessel, seizure, arrest or restriction of movement of the Vessel under color of law, unavailability of labor due to strikes, lockouts, political or labor disturbances or the like, or passenger bookings which are in the sole discretion of RELEASED PARTIES insufficient to permit a charter, RELEASED PARTIES reserve the right to cancel the charter and to refund all deposits. 

 

There is no entitlement to any refund, price reduction or other compensation for changes to the program itinerary, equipment substitutions, activity cancellations or delays, which are governed by regulations of the local authorities / governments or by decisions of the Trip Leader due to natural disasters, weather conditions, diving accidents, medical conditions, medical emergencies or other force majeure.

 

RELEASED PARTIES are not responsible and have no liability for Customer or RELEASED PARTIES cancellations arising from wars, riots, acts of terrorism, civil unrest or other incidents.

 

Due to the unavailability of certain foods and other edibles and the constrained galley and cooking area, any special dietary request or food allergies may not be accommodated, and RELEASED PARTIES are not responsible for, and have no liability for, not complying with dietary requests.

 

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 or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

 

Customer further agrees to observe strictly and comply with any additional reasonable terms and regulations as the RELEASED PARTIES may from time to time deem desirable or needful or prescribe during the course of the program.

 

EQUIPMENT

 

IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER TO INSPECT ANY EQUIPMENT USED PRIOR TO ENGAGING IN TRIP ACTIVITIES. Customer shall promptly, and before starting any activities, notify the RELEASED PARTIES if any equipment is not working properly. Customer will not hold the RELEASED PARTIES responsible for any injuries received as a result of failure to inspect the equipment and/or to notify RELEASED PARTIES of any equipment that is not working properly prior to engaging in activities. 

 

Any equipment obtained for any program activity from any of the RELEASED PARTIES is accepted AS IS. IT REMAINS THE SOLE RESPONSIBILITY OF THE CUSTOMER TO INSPECT ANY EQUIPMENT USED PRIOR TO ENGAGING IN TRIP ACTIVITIES. RELEASED PARTIES accept no responsibility for any defect in any of the equipment of RELEASED PARTIES and do not warrant that it is suitable for any particular purpose. Use of any such equipment is entirely at the Customer’s risk. Any equipment so obtained must be returned in good order and operating condition and Customer shall be financially liable for any damage or loss therefrom.

 

Voiding, deleting, erasing, striking or by any other means altering any part of this agreement is prohibited.

 

Customer is strongly advised for each trip to purchase comprehensive accident, medical, baggage, equipment and trip cancellation/interruption insurance that is appropriate for the program chosen. Insurance may protect from financial disappointment, as compensation from RELEASED PARTIES is limited in the event unforeseen circumstances prevent or interrupt the program.