Dive Trip Booking Terms and Conditions
- All payments are final. York Region Scuba will only provide refunds if the spot can be filled. It is the buyers responsibility to locate an alternate to take the spot. YRS will provide assistance by advertising the open spot.
- Refunds will only be given once all other open spots are sold. No spot shall be refunded if other spots on the trip are unsold.
- All refunds will incur a 20% per trip cancellation fee. A trip is defined as an single product.
- York Region Scuba is accepting payments for dive activities ONLY. All other costs (travel, accommodations, food, fills, rentals, etc.) are the responsibility of the buyer, directly with the various providers.
- York Region Scuba assumes no financial liability for cancellations made by charter operators.
- Divers are responsible for verifying they are correctly certified for the trip, as well as possess the correct documentation (passport, etc.) BEFORE PURCHASE. Refunds or credits will not be given for trips missed due to paperwork issues.
- Monies paid are held in trust by York Region Scuba to give to the appropriate charter operator.
- York Region Scuba reserves the right to require, at the discretion of the Executive, a WRSTC-approved Medical Release signed by a physician before allowing a diver on a trip.
- York Region Scuba reserves the right to terminate a persons participation in any diving or social activity, without refund, should the Executive determine the persons actions are unsafe, illegal, and/or detrimental to the diving or social activity.
- Divers and other participants understand and agree to all points of the YRS COVID-19 Policy
- Divers and other participants understand and agree to all points of the YRS Hotel Policy
Liability Release and Assumption of Risk
By accepting the Terms & Conditions of this sale, you agree to all of the following points:
- I hereby affirm that I have been advised and thoroughly informed of the inherent hazards of scuba diving activities and participation in a SCUBA dive as a diver
- Further, I understand that diving with compressed air, oxygen enriched air (Nitrox), and trimix supplied by standard open circuit scuba or with semi-closed circuit or closed circuit rebreathers involves certain inherent risks including decompression sickness, embolism, oxygen toxicity, inert gas narcosis, hypoxia, hypercapnia, marine life injuries or other barotrauma or hyperbaric injuries. Such injuries can occur that require treatment in a recompression chamber or medical facility. I further understand that dive activities can be at remote sites, and isolated by time and distance, from such a recompression chamber or medical facility. I still choose to proceed with such dives in spite of the absence of a recompression chamber in proximity to the dive site.
- I understand and agree that neither the organizers, Matthew Lepp and Martin Goldgrub , nor any of the respective employees, officers, agents or assigns of York Region Scuba, (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this diving activity or as a result of the negligence of any party, including the Released Parties, whether passive or active.
- In consideration of being allowed to participate in this activity I hereby personally assume all risks in connection with said trip, for any harm, injury, or damage that may befall me while I am a diving participant including all risks connected therewith, whether foreseen or unforeseen.
- I further agree to save, defend, indemnify, and hold harmless said Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns, arising directly or indirectly out of my participation and diving activities including claims arising during this activity even if such claims may be groundless, false or fraudulent.
- I also understand that diving activities are physically strenuous and that I will be exerting myself during this diving trip and that if I am injured as a result of heart attack, panic, hyperventilation, oxygen toxicity, inert gas narcosis, drowning, etc. that I expressly assume the risk of said injuries and that I will not hold the above listed individuals, organizations or companies responsible for the same, and I agree to defend, indemnify, and hold harmless said Released Parties for any such injuries incurred by me.
- I understand that these activities may place me deeper than I am able to safely execute a free ascent (without breathing gas) from.
- I understand that I may be required to furnish some of my own equipment and that I am responsible for its operating condition and maintenance.
- I understand that I may be supplied with certain items of scuba equipment and that I am responsible for reviewing its proper function and operating condition prior to using it.
- I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian.
- I further state that I am already a qualified and certified scuba diver from a WRSTC approved training agency. I am aware of the required certification level and/or experience necessary and recommended to enroll in this diving activity and I stipulate that I meet requirements for prior certification or equivalent experience.
- I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act. Further that I understand and agree that, 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, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
- IT IS THE INTENTION OF MYSELF BY THIS INSTRUMENT TO EXEMPT AND RELEASE THE ORGANIZERS, MATTHEW LEPP AND MARTIN GOLDGRUB, THE ORGANIZATION, YORK REGION SCUBA, AND ALL OTHER RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS
Image Release, Informed Consent, and Waiver (Ontario)
By purchasing services from, registering for, or participating in any activities, programs, or events organized by York Region Scuba (the “Club”), you expressly acknowledge that you have read, understood, and agree to the terms of this Image Release, Informed Consent, and Waiver.
You hereby grant to the Club, its directors, officers, employees, contractors, agents, successors, licensees, and assigns, a perpetual, worldwide, irrevocable, royalty-free, and unrestricted right and licence to photograph, film, record, or otherwise capture your likeness, image, voice, and appearance (collectively, the “Media”) in connection with Club activities.
You provide your informed and voluntary consent to the collection, use, reproduction, publication, display, distribution, and modification of such Media, in whole or in part, in any format or medium now known or later developed, including but not limited to websites, social media, promotional materials, advertising, and marketing, for lawful purposes of the Club, without further notice, review, or compensation.
You expressly waive any right to inspect or approve the Media or its use, and you irrevocably waive and release any and all claims you may now or hereafter have against the Club arising from or relating to the creation or use of the Media, including, without limitation, claims based on invasion of privacy, appropriation of personality, breach of confidence, or defamation, to the fullest extent permitted by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You acknowledge that images or recordings may include incidental capture of your likeness in group or public settings and that complete exclusion may not be possible.
If you do not consent to the collection and use of your likeness as described herein, you must notify the Club in writing prior to participation. The Club will make reasonable efforts to accommodate such requests but does not guarantee that you will not be captured incidentally.
You confirm that you are at least 18 years of age and have the legal capacity to provide this consent. If you are the parent or legal guardian of a minor participant, you provide this consent on behalf of the minor and agree that this waiver is binding upon both you and the minor.
This agreement is intended to be binding upon you, your heirs, executors, administrators, legal representatives, and assigns, and shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
By completing your purchase, registration, or participation, you agree that this constitutes your electronic signature and acceptance of this agreement.