Terms & Conditions for Participation in Freediving Activities

Definitions

The “School” - Fins and Foam Freediving, its affiliate and subsidiary corporations, and all of its respective employees, officers, agents, contractors and assigns.

The “Activity” - any freediving-related activities provided by the School at any site, including but not limited to, lakes, pools, oceans, or land; and, any travel necessary to reach such a site, including but not limited to, driving upon a road; riding on a watercraft; or walking upon a path.

The “Released Parties” - the School, AIDA International, AIDA USA, the United States Bureau of Reclamation, any other dive professionals who may be present at the site of the Activity, and any fellow participants who may be present at the site of the Activity.

Agreement to Terms

By purchasing and participating in any Activity provided by the School, you agree to the following Terms & Conditions. Please read them carefully.

Assumption of Risk

You acknowledge that the Activity is inherently dangerous and involves serious risks, including but not limited to hypoxia, barotrauma, drowning, other potential injuries, and death. You voluntarily assume all risks associated with participating in the Activity.

Waiver of Liability

You understand and agree that the Released Parties may not be held liable or responsible in any way for any injury, death or other damages to you, your family, estate, heirs or assigns that may occur during the Activity as a result of your participation in the Activity or as a result of the negligence of any party, including the Released Parties, whether passive or active, and you do further agree to waive any and all claims against the Released Parties for any injury, death, loss, or damage incurred as a result of participating in the Activity, including any claims whatsoever arising from negligence or breach of duty of care.

Medical Condition

You affirm that you are in sufficiently good mental and physical health to participate in the Activity; that at the time of the Activity, you will not be under the influence of alcohol or any drugs that are contraindicated to the Activity; that if you are taking medication, then you have obtained a physician’s approval to participate in the Activity while taking this medication; that the Activity is a physically strenuous Activity and that you will be exerting yourself during this Activity; and that if you are injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that you expressly assume the risk of said injuries and will not hold the Released Parties responsible for the same.

Insurance

You are recommended to obtain DAN Dive Accident Insurance prior to participating in the Activity. This insurance provides coverage for diving-related accidents that may not be covered by standard health insurance policies. DAN Dive Accident Insurance offers a range of plans that cover medical expenses, emergency evacuations, and other costs associated with dive-related incidents. By securing this insurance, you can ensure that you have adequate protection against health-related financial costs that may arise from your participation in the Activity. To enroll, please visit the DAN website at DAN.org.

Code of Conduct

You agree to follow all instructions provided by the School during the Activity. You agree to treat the ecosystem of the dive site with care, taking out all trash, and not wearing or applying any product that might contaminate the water or harm its flora and fauna. Failure to comply with this Code of Conduct may result in removal from the Activity without a refund.

Equipment Use

You affirm that it is your responsibility to inspect all equipment that you will use during the Activity, whether your own or provided by the School or provided by another participant. You agree not to dive if your inspection reveals any problems with the inspected equipment, and immediately notify the School of the problems identified. You agree not to hold the Released Parties responsible for your failure to inspect equipment nor for your choice to dive with equipment that may not be functioning properly. You agree to use any equipment provided by the School responsibly and to return it in the same condition as received.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California in the United States of America. Any disputes arising from these Terms & Conditions shall be resolved in the courts of the State of California in the United States of America.

Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision shall be severed from these Terms & Conditions. The remainder of these Terms & Conditions will then be construed as though the unenforceable provision had never been contained herein, and remain in full force and effect.

Entire Agreement

These Terms & Conditions constitute the entire agreement between you and the School regarding the Activity and supersede any prior agreements or understandings, whether written or oral.

Acknowledgment of Understanding

You state that you are of lawful age and legally competent to sign these Terms & Conditions. You understand the terms herein are contractual and not a mere recital, and that you are signing these Terms & Conditions of your own free act and with the knowledge that you hereby agree to waive your legal rights.