Specialized Scuba Agreement

Effective Date: January 1 2026
Company Name: Specialized Scuba Inc
Business Location: Florida, USA

 1. Agreement

These Terms and Conditions (“Terms”) govern all bookings, reservations, dive trips, travel arrangements, activities, and related services provided by [Company Name] (“Company,” “we,” “us,” or “our”). By submitting a deposit, making a payment, signing a waiver, participating in a trip, or traveling with us, each guest (“Guest,” “participant,” or “you”) agrees to be bound by these Terms.

The Company acts solely as an independent travel coordinator and facilitator for scuba diving trips and related travel experiences.

 2. Role of the Company

The Company does not own, operate, manage, control, or supervise:

  • Dive boats;

  • Dive shops or dive operators;

  • Hotels, resorts, or lodging facilities;

  • Ground transportation companies;

  • Airlines or air travel services; or

  • Any third-party service provider used during a trip.

The Company arranges reservations and coordinates services provided by independent third parties.

Any hotel transfers, airport transfers, boat transfers, or local transportation included in a package are provided solely by the applicable hotel, resort, dive operator, or transportation provider. The Company does not arrange, book, sell, or provide commercial airline transportation.

 3. Independent Contractors

All transportation providers, dive operators, instructors, charter vessels, hotels, resorts, transfer providers, guides, and other suppliers are independent contractors and are not employees, agents, partners, joint venturers, or representatives of the Company.

The Company is not liable for the acts, omissions, negligence, errors, delays, injuries, property damage, accidents, cancellations, financial default, bankruptcy, or misconduct of any independent contractor or third-party supplier.

 4. Assumption of Risk

Scuba diving, snorkeling, boating, ocean activities, and international travel involve inherent risks, including serious injury, illness, disability, decompression sickness, drowning, marine life encounters, equipment failure, weather conditions, remote medical care, evacuation delays, and death.

By participating in a trip, Guests voluntarily assume all risks associated with:

  • Recreational scuba diving;

  • Boat diving and water activities;

  • Travel in domestic and foreign countries;

  • Transportation by third parties;

  • Weather and ocean conditions;

  • Political or civil instability;

  • Medical emergencies;

  • Exposure to communicable illnesses; and

  • Delays, interruptions, or changes beyond the Company’s control.

Guests are solely responsible for determining whether they are physically and medically fit to participate.

 5. Certification and Dive Experience

Guests participating in scuba diving activities must:

  • Hold the appropriate scuba certification level for the planned dives;

  • Present proof of certification upon request;

  • Follow all instructions and standards established by the dive operator and dive professionals;

  • Dive within the limits of their training and experience; and

  • Comply with all local laws and safety requirements.

The Company and local dive operators reserve the right to refuse participation in diving activities if a Guest appears medically unfit, improperly trained, impaired, unsafe, or unable to safely participate.

 No refunds will be issued for missed dives or denied participation based on safety concerns.

 6. Medical Conditions and Insurance

Guests are responsible for disclosing any medical condition that may affect participation.

The Company strongly recommends that all Guests obtain:

  • Comprehensive travel insurance;

  • Dive accident insurance;

  • Medical evacuation insurance; and

  • Trip cancellation/interruption coverage.

Guests are solely responsible for all medical costs, evacuation expenses, hyperbaric treatment costs, transportation expenses, and related emergency expenses.

 7. Passports, Visas, and Travel Documents

Guests are solely responsible for obtaining and carrying:

  • Valid passports;

  • Visas;

  • Entry permits;

  • Vaccination records;

  • Dive certifications; and

  • Any other required travel documents.

The Company is not responsible for denied boarding, denied entry, immigration issues, customs issues, or additional costs arising from incomplete or invalid documentation.

 8. Payments and Deposits

A deposit may be required to secure a reservation. Reservations are not confirmed until the required deposit is received.

Final payment deadlines will be communicated at the time of booking. Failure to make payments by the stated deadlines shall result in cancellation of the reservation without refund.

 Prices are subject to change due to:

  • Currency fluctuations;

  • Fuel surcharges;

  • Supplier price increases;

  • Government fees or taxes; or

  • Circumstances beyond the Company’s control.

 9. Cancellation Policy

Guest cancellations must be submitted in writing. Unless otherwise stated in writing for a specific trip:

  • Deposits and installment payments are non-refundable.

  • Payments may be subject to cancellation penalties imposed by hotels, resorts, dive operators, charter operators, or other suppliers.

  • No refunds will be provided for unused portions of a trip, missed dives, missed transfers, late arrivals, early departures, illness, weather, fear of diving, or schedule changes.

The Company strongly recommends travel insurance with trip cancellation coverage.

 10. Changes to Itinerary

Dive conditions, weather, ocean conditions, mechanical issues, safety concerns, local regulations, supplier decisions, and other circumstances may require changes to itineraries, dive sites, accommodations, transportation, or schedules.

The Company and third-party operators reserve the right to:

  • Substitute accommodations or vessels;

  • Modify dive locations;

  • Cancel dives;

  • Alter schedules; or

  • Modify itineraries at any time.

No guarantees are made regarding specific dive sites, marine life sightings, weather conditions, accommodations, or schedules.

 11. Force Majeure

The Company shall not be liable for any delay, cancellation, injury, loss, damage, or additional expense arising from events beyond its reasonable control, including but not limited to:

  • Severe weather;

  • Hurricanes;

  • Ocean conditions;

  • Natural disasters;

  • Pandemics or epidemics;

  • Government actions;

  • Border closures;

  • Labor disputes;

  • Civil unrest;

  • Terrorism;

  • Mechanical failures;

  • Supplier insolvency; or

  • Acts of God.

In such circumstances, refunds and credits will be subject to the policies of the applicable third-party suppliers.

 12. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for:

  • Personal injury;

  • Death;

  • Property damage;

  • Loss of luggage or personal belongings;

  • Delays;

  • Missed connections;

  • Diving-related injuries;

  • Emotional distress;

  • Economic losses; or

  • Any indirect, incidental, consequential, special, or punitive damages.

The Company’s total liability for any claim shall not exceed the amount actually paid by the Guest directly to the Company for the applicable trip.

 13. Release and Hold Harmless

Guests agree to release, waive, discharge, and hold harmless the Company, its owners, employees, agents, trip leaders, representatives, and affiliates from any and all claims, demands, liabilities, causes of action, damages, costs, or expenses arising out of or related to:

  • Participation in diving or travel activities;

  • Actions or omissions of third-party providers; or

  • Any risks inherent in scuba diving or travel.

 14. Guest Conduct

Guests are expected to behave responsibly and respectfully toward staff, dive operators, hotel personnel, other travelers, and local communities.

 The Company and third-party suppliers reserve the right to remove or deny participation to any Guest whose conduct is unsafe, disruptive, intoxicated, illegal, abusive, or otherwise inappropriate.

 Any resulting expenses shall be the sole responsibility of the Guest.

 15. Photography and Media

There will be pictures and videos taken during the trip and during the dives. I, the undersigned, and hereby grant to Specialized Scuba Inc. and its subsidiaries and/or affiliated companies and/or assigns the rights (but not the obligation), without any compensation to me, to use and license others to use, my name and likeness or recordings of my image or voice taken or made of me by it, in all media now or hereafter known, by whomever made during the referenced trip, the said rights to be without limit, and to be exercised by Specialized Scuba Inc. in any way it sees fit for its productions, for advertising and for any other purpose by any means including those not yet devised.

 16. Governing Law and Venue

These Terms shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Florida, and Guests consent to the jurisdiction of such courts.

 17. Severability

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

 18. Entire Agreement

These Terms, together with any signed waivers, booking forms, invoices, and trip-specific documents, constitute the entire agreement between the Guest and the Company.

 19. Electronic Acceptance

Electronic signatures, online acceptance, payment submission, or participation in a trip shall constitute acceptance of these Terms.

BY THIS INSTRUMENT, I AGREE TO EXEMPT THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS DOCUMENT BY READING BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

I have read and understand the above statements and agree to comply with the above policies. All of my questions and concerns have been addressed and answered to my satisfaction.

 Print Participant Name:   ___________________________________

 Date: ____________

 Signature: __________________________________

 Residential Address

 Address: _______________________

 City: __________________ State: _____ ZIP: __________

Cell Phone where you can be reached during the trip: ____________________________

Email Address for Notices and Receipts: ________________________________________

Emergency Contact

 Name: _____________________________________

 Relationship: ______________________________

 Telephone: _________________________________

Do You Have Diver Accident Insurance?

Circle One:                   NO                       YES                                       

 DAN Policy Number: ____________________

 

All of the Above Contact Information is REQUIRED