DISCLAIMER AND ASSUMPTION OF RISK AGREEMENT

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I hereby affirm that I am aware that swimming, snorkeling or freediving possesses inherent risks that may result in injury or death.

I understand and agree that neither my instructor guides or instructors, nor the facility through which this program is offered, DIVE ACADEMY SANTA POLA neither PADI Americas, Inc. or its affiliated entities and subsidiaries, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) can be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this program, or as a result of the negligence of any party, including the Released Parties, whether active or passive.

I hereby personally assume all risks of snorkeling and freediving, whether foreseen or unforeseen, that may occur while participating in this program.

I understand that snorkeling and freediving are physically strenuous activities, and that I will be exerting myself during this program and, that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, I expressly assume the risk of such injuries, and that I will not hold Dive Academy Santa Pola responsible for such injuries.

I further release, discharge and hold harmless said program and the Released Parties from any claim or suit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program.

I understand that past or present medical conditions may constitute a contraindication to my participation in the program. I affirm that I am not currently suffering from any cold or nasal congestion, nor do I have any ear infection.

I affirm that I have no history of seizures, dizziness or fainting, or history of heart disease (e.g., cardiovascular disease, angina pectoris, heart attack). I further affirm that I have no history of respiratory problems such as emphysema or tuberculosis. I affirm that I am not currently taking any medications that warn of any impairment to my physical or mental abilities.

I further state that I am of legal age and legally competent to sign this disclaimer, or that I have acquired the written consent of my parent or legal guardian. I understand that the terms herein are contractual and not mere preliminary consideration, and that I have signed this Agreement of my own free will and with the knowledge that I hereby waive my legal rights.

I understand and agree that I assign not only my right to sue the Released Parties, but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties as a result of my death. I further declare that I have the authority to do so and that my heirs, because of my representations to the Released Parties, will be precluded from claiming otherwise.