THIS DOCUMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN CUBA SCUBA TOURS AND YOU, THE “CLIENT.” AFTER READING THIS ENTIRE CLIENT AGREEMENT (THE “AGREEMENT”),YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BY CHECKING THE BOX “I AGREE TO THESE TERMS”
PARTIES TO THIS AGREEMENT: AW Futures, LLC. D/B/A Cuba Scuba Tours (herein referred to as “us” or “we”) has arranged the travel package described within this itinerary communicated to you. The traveler (herein referred to as “Client,” “I,” “you,” or “your”) who has reserved a Travel Package as described in this brochure/flyer/website/invoice/ confirmation and who intends to participate in the Cuba Scuba Humanitarian-Environmental program (515.575) so reserved and by such participation and payment as provided for in this Client Agreement (“Client Agreement” or “Agreement”) hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE AW FUTURES LLC, OWNER-AMY WARREN, EMPLOYEES, CREW, AS WELL AS ALL INVOLVED DIVE BOATS, WHETHER OWNED, OPERATED, LEASED OR CHARTERED AND TOHOLD THESE ENTITIES AND INDIVIDUALS (THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A RESULT OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE OR NEGLIGENCE OF ANY TYPE.
I understand that scuba diving is a hazardous activity with inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, perils of the sea, as well as acts of fellow divers which could result in my serious injury or death. BY WAY OF COMPLETING THIS TRAVELER WAIVER FORM I EXPRESSLY ASSUME ALL RISKS OF SCUBA DIVING OR SNORKELING OR SWIMMING, and ALL ASSOCIATED RISKS, WHETHER THESE RISKS ARE SPECIFICALLY SET FORTH OR NOT. IT IS MY INTENTION TO RELEASE THE RELEASED PARTIES FOR ANYTHING THAT MIGHT HAPPEN DURING TO ME WHICH RESULTS IN PERSONAL INJURY OR DEATH.
I understand that this diving activity may be conducted in a remote site by time and distance from a medical facility and a recompression chamber. Nevertheless, I expressly wish to proceed with this diving activity and assume all related risks.
On this release, I assert that I am physically fit to participate in the activity of swimming, scuba diving and snorkeling and I agree by way of my signature that I will not hold any of the released parties or above named individuals, persons, or entities responsible if I am injured as a result of any medical conditions while swimming, Scuba diving and/or snorkeling. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with
scuba diving. Prior to diving, I will inspect all equipment to be used to make sure that it is in good operating condition. I will not hold the released parties or anyone else responsible for my failure to inspect my equipment prior to diving or for any equipment failure which may occur. I understand that I have an affirmative duty to plan and carry out my own dive and to be responsible for my own safety. I expressly agree that I will plan all my dives as no decompression dives and within safe limits of recreational scuba diving. I am fully aware and have been trained in the dangers, risks and hazards of holding my breath while diving on compressed air. I fully agree not to hold the released parties responsible for any such injuries sustained by me.
I understand there is no obligation on the part of the released parties to provide medical assistance or first aid. BY WAY OF COMPLETING THIS DOCUMENT IT IS MY EXPRESS INTENTION TO GIVE UP MY RIGHT TO SUE ALL INDIVIDUALS, OR ENTITIES OR VESSELS REFERRED TO HEREIN, (THE “RELEASED PARTIES”) WHETHER SPECIFICALLY NAMED OR NOT, FROM ALL LIABILITY ARISING AS A CONSEQUENCE OF ANY ACT OR OMISSION INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE, INCLUDING GROSS NEGLIGENCE. I FULLY AGREE TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY OF ANY SORT, INCLUDING WRONGFUL DEATH ON BEHALF OF MYSELF, MY HEIRS AND ASSIGNS, AND I EXPRESSLY ASSUME ALL RISKS IN CONNECTION WITH SWIMMING, SNORKELING AND SCUBA DIVING ACTIVITIES. I AGREE THAT I HAVE READ FULLY AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY. I UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT NOT TO SUE.
Cuba Scuba Tours is a media organization currently working on the 2nd on book on Cuba Ecology. Any arrangements and advice have been giving in good faith to the best of our ability and knowledge. Cuba Scuba is NOT responsible for changes in information & policy regarding Cuba.
We strive with the utmost care and diligence to comply with all OFAC rules. However, YOU, the traveler are ultimately responsible. Traveling to Cuba for tourism is prohibited. You are expected to participate in the group excursions and activities that our program has been approved for.
TERMS: All prices subject to change until or unless paid in full and confirmed in writing. All deposits are nonrefundable. All prices are “per person” based upon two person occupancy. Single person supplement available in SOME locations at extra cost.
BOOKING CANCELLATION: No cancellations /refunds available for a custom trip. For cancellations received outside of 60 days prior to departure, a partial refund MAY be issued of the original booking payment minus a $500 handling fee, supplier fees, trip cancellation expenses, etc. In some cases where supplier fees cannot be recovered, a refund will not be issued. Cancellation must be received by 12 midnight 60 days prior to departure in order to receive partial refund. For example, if your flight departs at 8am EST on May 31, cancellation must be received by 11:59pm EST on April 1 to receive a refund. Cancellations made less than 60 days prior to departure will not be issued a refund.
IF Cuba Scuba is unable to fulfill the obligations to fulfill this trip in accordance with current OFAC Treasury Department policy toward travel to Cuba, then Cuba Scuba Tours would issue a refund to traveler. However, if Cuba Scuba Tours is able to run the trip, but the traveler has changed their mind due to news media, political rhetoric or other reasons, a refund will NOT be issued if less than 60 days before departure.
TRIP INSURANCE is strongly recommended. Due to the unique agreements with Cuban Service Providers, Cuba Scuba may not provide refunds for any reason with less than 60 days before departure. Trip cancellation and baggage loss insurance is available through independent third parties. “Cancel for Any Reason” insurance is the best policy to purchase and must be secured within 2 weeks of initial trip deposit. Cuba Scuba Tours or its parent company does not offer insurance and is not responsible. All travelers should do this through a travel wholesaler or direct insurance agency. Divers Alert Network membership and insurance is required for divers.
Any likeness or image of you secured or taken during your participation in a Trip may be used by us without charge in all media (whether now existing or in the future invented) for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet. By accepting the Client Agreement, you agree that, if necessary, we may pass your contact details and numbers to any third party directly connected with the operation of the specific Dive Travel Package which you have booked. This information will not be used for any other purpose by the third party, nor will it be passed to any other parties. Please note that international airlines are required by applicable laws to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary or to which you may be diverted. This Client Agreement may only be waived or amended by written mutual consent. When you accept this Client Agreement, you agree with all these conditions.
PASSPORTS: Client is required to have a passport valid for six months after the return from their Cuba Scuba Tours program AND provide a copy of your credentials to Cuba Scuba Tours. Clients holding a passport from a foreign country; green card, U.S. visa, or special-use passport are solely responsible for understanding the limitations imposed on their passport, green card, U.S. visa, or special-use passport regarding re-entry back into the United States. Cuba Scuba Tours cannot be held liable for a participant who is refused service by the Carrier Service Provider or entry into Cuba because of a restricted U.S. visa or Passport or denial of a visa by the Cuban government. In the event the participant is refused entry to Cuba because of Visa or Passport issues or denial of a visa by the Cuban government, applicable cancellation penalties may apply. Client is responsible for having on his or her person proper documentation to enter Cuba as well as to re-enter the United States, and proper documentation to travel via a third country (if applicable) to Cuba. Cuban Government retains the right to grant or deny visas.
CHANGES TO TRAVEL PACKAGES: Cuba Scuba Tours endeavors to operate the program as outlined herein. However, circumstances beyond our control may require an adjustment to the program or its inclusions. We strive to avoid such changes, but must reserve the right to make such modifications. We must reserve the right to substitute accommodations if necessary. All programs and execution of them remain subject to weather and other unforeseen circumstances. Claims for refunds will not be accepted. Cuba Scuba Tours and its owners, management, staff, personnel, any of its affiliated or associated companies, agents, sub-agents, sub-contractors or anyone, either directly or indirectly, involved in the organization or execution of the programs or services for any loss, injury or damage to or in respect to any person or property howsoever caused or arising. Prices mentioned are based on present exchange rates and tariffs and remain subject to change.
TRAVELER OBLIGATION: You are choosing to be a participant in this unique program As a traveler to Cuba, you represent the United States, your dive shop, your travel wholesaler, and Cuba Scuba Tours. This package does not allow for excessive free time. Cuba Scuba Tours is responsible for the traveler while in Cuba. If at any time the traveler exhibits unsafe behavior to self, other group travelers or locals or is a risk to damaging the delicate relationship between the United States and Cuba, arrangements will be made to send the traveler home immediately. The traveler agrees to payment for all fees incurred to ceasing the program and departing Cuba early. Cuba Scuba Tours would use extradition only as a last resort and do everything possible to find a solution that works for all involved. Ultimately, this decision is at the sole discretion to Cuba Scuba Tours.
DOCUMENTATION: You must carry valid proof of citizenship and proper identification (current Passport). If you are traveling with children, some countries require specific travel permissions from both birth parents. Since proof varies with each country, contact our office about your specific destination. Without proper identification, a passport and necessary visas, you will not be permitted to depart. It is your responsibility to verify your necessary travel documents. All clients who will be conducting scuba research on Cuba Research Travel Packages must have a current, valid scuba certification card issued by an internationally recognized SCUBA diving certification association acceptable to Cuba Scuba Tours.
US TREASURY LICENSE: It is the client’s responsibility to comply with Office of Foreign Assets Control (OFAC) pursuant to travel to Cuba. Learn more here:
Burden of proof of compliance to OFAC travel restrictions to Cuba is the client’s sole responsibility for re-entry to US Customs. Cuba Scuba Tours prepares customized supporting documentation for your travel, but is not responsible for ultimate approval or disapproval by US Customs. Cuba Scuba Tours is not responsible for the legalities of your activities in Cuba.
RISKS AND WARNINGS: For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the US State Department, (202) 647-5225, http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For medical information, contact the Center for Disease Control, (404)332-4559, www.cdc.gov/travel.
ARBITRATION: You agree that any dispute concerning, relating or referring to this Agreement, the brochure/flyer/website/invoice or any other literature concerning your Trip, the Trip itself or any claim for damages due to injury or death which occurs during or in connection with the Trip shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in an arbitration conducted in Indiana, U.S.A Such proceedings will be governed by substantive Indiana law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF FLORIDA, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WASHINGTON, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
SEVERABILITY: The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
WAIVER: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
CONFLICT: In the event of any inconsistency or conflict between the terms of this document and any terms or conditions otherwise applicable to the Trip, the terms of this document shall prevail.
WAIVER: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
EXCLUSIVITY: Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of Cuba Scuba Tours and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
RESPONSIBILITY: YOU UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON YOUR BEHALF UPON THE EXPRESS CONDITION THAT NEITHER CUBA SCUBA TOURS NOR ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE CARS, CRUISE AND LIVEABOARD VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS OR OTHER LODGING, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR YOUR TRIP. YOU FURTHER UNDERSTAND THAT CUBA SCUBA TOURS NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD CUBA SCUBA TOURS RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, CUBA SCUBA TOURS IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN, OR FAILURE OF DIVING OR MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM SWIMMING OR SCUBA DIVING OR FOR ANY OTHER REASON BEYOND THE CONTROL OF CDA, AND YOU UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.
ACKNOWLEDGMENT OF RISK: I understand and acknowledge that my travel in connection with and participation in the CubaTravel Package arranged at my request by Cuba Scuba Tours may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from swimming or scuba diving, including the malfunction of dive equipment, the natural environment, animal or sea life, currents and other changing conditions, decompression sickness, embolism or other hyperbaric injuries. I realize and acknowledge that diving with compressed air, Nitrox, tri-mix, or other gases involves certain risks and requires specific training. I certify that I have been properly trained for the breathing mixture(s) I will use and understand the risks involved. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owner, directors, employees, contractors, subcontractors, officers or agents of Cuba Scuba Tours or the negligence or participation of other clients, contractors and/or subcontractors to Cuba Scuba Tours. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I alone am responsible for my own activities while engaged in SCUBA diving. I am willingly and knowingly electing to participate in this Cuba Research Travel Package in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owner, directors, agents, officers, employees, contractors or subcontractors of Cuba Scuba Tours.
RELEASE OF LIABILITY: In consideration of the services and arrangements provided by Cuba Scuba Tours, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Cuba Scuba Tours, and its owner, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Cuba Research Travel Package and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF CUBA SCUBA TOURS.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against Cuba Scuba Tours its owner, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
