SCUBA DIVING PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, SAFETY ACKNOWLEDGMENT, CANCELLATION POLICY, AND PHOTO/VIDEO AUTHORIZATION

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.

1. Scope of Agreement

This Participant Agreement applies to all activities, services, and facilities provided, organized, arranged, or coordinated by Diversión Dives Cancún, including its owners, employees, instructors, Divemasters, guides, photographers, independent contractors, agents, representatives, affiliated companies, boat owners, boat operators, captains, crew members, transportation providers, equipment suppliers, training and certification agencies, and property or dive-site owners, collectively referred to as the “Released Parties.”

The activities covered by this Agreement include, without limitation, recreational scuba diving, introductory diving experiences, scuba training, certification activities, diving verification or skills-assessment activities, snorkeling, freediving when applicable, swimming, boat transportation, ground transportation when provided, equipment rental or use, entries and exits from boats, docks, shorelines, caverns or cenotes, surface intervals, and all activities occurring before, during, or after the diving service, collectively referred to as the “Activities.”

This Agreement applies to all Activities included in my booking or conducted on the date or dates associated with that booking.

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2. Assumption and Acknowledgment of Risk

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I understand that scuba diving and the related Activities involve inherent and unavoidable risks that may result in serious personal injury, illness, permanent disability, property damage, psychological distress, or death.

These risks include, without limitation:

• Drowning, near-drowning, panic, loss of consciousness, exhaustion, or respiratory distress.

• Decompression sickness, arterial gas embolism, pulmonary barotrauma, oxygen toxicity, nitrogen narcosis, or other pressure-related or hyperbaric injuries.

• Ear, sinus, lung, dental, or other barotrauma.

• Injuries caused by marine animals, plants, corals, rocks, wrecks, caves, caverns, lines, vessels, docks, ladders, or underwater structures.

• Strong currents, waves, surge, tides, poor visibility, darkness, changing weather, storms, extreme temperatures, or other environmental conditions.

• Slips, falls, collisions, entanglement, separation from a buddy or group, becoming lost, or difficulties entering or exiting the water.

• Equipment malfunction, misuse, loss, flooding, failure, improper adjustment, or unexpected depletion of breathing gas.

• Boat-related accidents, including collisions, falls, propeller injuries, seasickness, fire, mechanical failure, or delays.

• Transportation accidents occurring while traveling to or from a dive site.

• Delays in rescue, evacuation, first aid, oxygen administration, recompression treatment, or other medical treatment.

I acknowledge that equipment may fail even when properly inspected, serviced, or maintained. I also understand that dives may take place in locations that are remote from hospitals, recompression chambers, emergency medical facilities, or professional rescue services, and that immediate medical care may not be available.

I understand that weather, water, visibility, current, vessel, equipment, and site conditions may change rapidly and without warning.

With full knowledge of these risks, I voluntarily choose to participate in the Activities and expressly assume all known and unknown risks, whether foreseeable or unforeseeable, to the fullest extent permitted by applicable law.

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3. Training, Certification, and Experience

I represent that I am either:

1. A properly certified scuba diver participating within the limits of my certification, training, experience, and recent diving activity; or

2. A student or introductory diver participating under the supervision of an appropriately qualified instructor or dive professional.

I agree to provide accurate proof of certification, identity, experience, medical clearance, or student status when requested.

I will not participate in any dive that exceeds my certification, training, experience, physical ability, psychological comfort, or personal limits. I understand that the presence of an instructor, Divemaster, guide, buddy, or other dive professional does not eliminate the inherent risks of diving or my responsibility to act safely.

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4. Medical Fitness and Accuracy of Information

I certify that all information provided in my medical questionnaire, booking form, certification information, and communications with the Released Parties is complete, truthful, and accurate.

I confirm that I am physically and mentally fit to participate in the Activities and that:

• I do not have a medical condition that makes diving unsafe, or I have obtained appropriate written medical clearance from a physician.

• I am not experiencing an illness, respiratory infection, ear or sinus infection, contagious condition, or other condition that may interfere with safe diving.

• I am not under the influence of alcohol, recreational drugs, sedatives, or any substance that may impair my judgment, coordination, awareness, or physical performance.

• If I take prescription medication or have a relevant medical condition, I have consulted an appropriate physician and have been cleared to dive.

• I am not pregnant or attempting to participate contrary to medical advice concerning pregnancy and diving.

I agree to immediately notify the dive professional of any change in my health, medication, physical condition, psychological condition, or fitness to dive before entering the water.

I understand that the Released Parties may refuse, suspend, or terminate my participation when they reasonably believe that my physical condition, mental condition, conduct, experience, certification, equipment, or compliance with instructions creates a safety risk.

I expressly consent to the collection and processing of the health and medical information that I voluntarily provide for the purposes of evaluating my fitness to participate, protecting my safety and the safety of others, responding to emergencies, documenting the service, and complying with applicable legal or insurance obligations.

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5. Diving Safety Acknowledgment

I agree to comply with all safety instructions, dive plans, applicable training-agency standards, local rules, maritime restrictions, and directions issued by the instructor, Divemaster, captain, guide, or other authorized dive professional.

I specifically agree that I will:

• Perform or participate in an appropriate pre-dive safety check.

• Verify that my equipment is properly assembled, functioning, fitted, and suitable before entering the water.

• Breathe continuously while using scuba equipment and never intentionally hold my breath while ascending.

• Monitor my depth, dive time, no-decompression limits, breathing-gas supply, buoyancy, and dive computer or gauges.

• Remain with my assigned buddy, instructor, or dive group unless directed otherwise during an emergency.

• Use the hand signals and communication procedures established during the dive briefing.

• Ascend at a safe rate consistent with my training, dive computer, applicable standards, and the instructions of the dive professional.

• Complete required or recommended safety stops when conditions and available breathing gas permit.

• Immediately communicate any equipment problem, discomfort, anxiety, panic, injury, low-air situation, separation, or other safety concern.

• End or modify the dive whenever I feel uncomfortable, unsafe, unwell, or unable to continue safely.

I understand that I have the right and responsibility to refuse or discontinue any dive that I believe exceeds my abilities, training, comfort level, or acceptable level of risk.

6. Release and Waiver of Liability

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In consideration of being permitted to participate in the Activities, I hereby release, waive, and discharge the Released Parties, to the fullest extent permitted by applicable law, from claims, demands, actions, damages, losses, expenses, or causes of action arising from:

• The inherent risks of scuba diving or related Activities.

• My own acts, omissions, errors, failure to follow instructions, medical condition, panic, misconduct, or inaccurate information.

• The ordinary negligence of any Released Party.

• Equipment malfunction, environmental conditions, vessel operations, transportation, delayed rescue, or delayed medical treatment.

• Personal injury, illness, emotional distress, property loss, property damage, permanent disability, or death connected with my participation.

This release is intended to apply whether the injury, loss, or damage is known or unknown and whether it occurs before, during, or after the Activities.

Nothing in this Agreement is intended to waive liability that cannot legally be waived, including liability resulting from intentional misconduct, fraud, gross negligence, or any other conduct for which a waiver is prohibited under applicable law.

I agree not to initiate or maintain a claim or legal action against the Released Parties for any matter validly released under this Agreement.

7. Indemnification and Responsibility for Conduct

To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties from third-party claims, liabilities, damages, fines, costs, or reasonable legal expenses resulting from:

• My negligent, reckless, unlawful, or intentional conduct.

• My failure to follow safety instructions or applicable rules.

• False, incomplete, or misleading information provided by me.

• Damage caused by me to rental equipment, vessels, vehicles, facilities, natural resources, dive sites, or another person’s property.

• Claims made by another person arising directly from my actions or omissions.

This section does not require me to indemnify a Released Party for liability that cannot lawfully be transferred or waived.

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8. Emergency Assistance and Medical Treatment

If I become injured, ill, unconscious, incapacitated, or otherwise unable to provide instructions, I authorize the Released Parties to provide or arrange reasonable emergency assistance, including first aid, emergency oxygen, cardiopulmonary resuscitation, transportation, evacuation, medical assessment, hospital treatment, or recompression treatment.

I understand that the Released Parties are not medical providers and cannot guarantee the availability, timing, adequacy, or outcome of emergency services.

Unless otherwise required by applicable law, I accept responsibility for expenses associated with rescue, evacuation, transportation, medical treatment, recompression treatment, hospitalization, medication, accommodation, or changes to travel arrangements. I understand that appropriate diving and travel insurance is strongly recommended.

9. Cancellation and No-Refund Policy

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Participant Cancellations

If I cancel less than twenty-four hours before the scheduled start time, arrive too late to participate, or fail to appear, I will not be entitled to a refund and will remain responsible for the full booking amount.

Operator Cancellations

The Operator may cancel, postpone, relocate, shorten, or modify an Activity because of weather, sea conditions, port restrictions, instructions from maritime or governmental authorities, mechanical problems, safety concerns, insufficient operational conditions, force majeure, or other circumstances beyond its reasonable control.

When the Operator completely cancels an Activity before it begins, the Operator may offer, as appropriate:

• An alternative date;

• An alternative activity;

• A booking credit; or

• A refund.

When a refund is authorized, it will ordinarily be processed within thirty calendar days through the available payment method. Processing times imposed by banks or payment providers are beyond the Operator’s control.

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Ineligibility or Misconduct

I will not be entitled to a refund when participation is denied, suspended, or terminated because I:

• Arrive under the influence of alcohol or drugs.

• Am medically, physically, psychologically, or legally unfit to participate.

• Fail to provide required documentation or medical clearance.

• Misrepresent my certification, experience, health, or identity.

• Refuse to follow safety instructions.

• Behave aggressively, recklessly, unlawfully, or in a manner that endangers myself or others.

Voluntary Withdrawal

If I voluntarily withdraw from or discontinue an Activity after it has begun because of anxiety, discomfort, seasickness, physical discomfort, panic, fear, fatigue, change of mind, inability to equalize, personal choice, or any other reason not caused by a material failure of the Operator, I will not be entitled to a refund for the Activity or any unused portion of it.

I understand that boat spaces, instructors, equipment, transportation, entrance fees, and other resources may have been reserved specifically for my participation.

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10. Photography, Video, and Marketing Authorization

I understand that photographs, video recordings, and audiovisual materials may be created during the Activities, including during training, boat transportation, surface activities, snorkeling, diving, entries, exits, and underwater encounters.

By selecting “I CONSENT” below and signing this Agreement, I voluntarily and expressly authorize Diversión Dives Cancún and its authorized instructors, photographers, employees, contractors, marketing providers, and representatives to photograph, film, and record my image, likeness, appearance, and voice.

I authorize Diversión Dives Cancún to reproduce, edit, crop, adapt, publish, display, distribute, communicate, and use the resulting photographs and recordings for legitimate advertising, promotional, portfolio, editorial, informational, and marketing purposes related to its diving, tourism, photography, and training services.

Authorized uses may include:

• Websites and booking platforms.

• Social media accounts and social media advertising.

• Digital and printed advertising.

• Promotional videos, reels, stories, posts, and presentations.

• Brochures, posters, catalogs, displays, and commercial portfolios.

• Press releases, media publications, and promotional collaborations.

This authorization is worldwide, non-exclusive, and royalty-free. I understand that I will not receive payment, royalties, discounts, copies, or other compensation unless separately agreed in writing.

I waive the right to inspect or approve the final editing, format, captions, advertising design, or publication in which my image appears, provided that my image is not intentionally used in a defamatory, deceptive, illegal, pornographic, or materially harmful manner.

Diversión Dives Cancún may provide the materials to social media platforms, website providers, advertising agencies, printers, photographers, editors, or other service providers solely for the authorized purposes.

I understand that materials published online may be shared, downloaded, cached, archived, or republished by third parties beyond the reasonable control of Diversión Dives Cancún.

My consent is optional and is not a condition of receiving the diving service. Refusing marketing consent will not change the price or basic conditions of my booking. When I do not consent, the Operator will make reasonable efforts not to intentionally publish an identifiable image of me, although incidental background capture may occur during group or public activities.

I may revoke this authorization for future uses by sending a written request to infodiversiondives@gmail.com. Revocation will not have retroactive effect and will not invalidate materials lawfully published, printed, distributed, contracted, or used before the Operator receives and processes my request. The Operator cannot guarantee removal from third-party accounts, printed materials, archives, shared publications, or platforms outside its reasonable control.

For a participant under eighteen years of age, this authorization must be selected and approved by the participant’s parent or legal guardian.

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11. Privacy Notice and Personal Data

Diversión Dives Cancún, located at Blvd. Kukulcán Km 16.5, Zona Hotelera, C.P. 77500, Cancún, Quintana Roo, Mexico, is responsible for the personal data collected through this form and the associated booking process.

The personal data collected may include identification and contact information, date of birth, diving certification and experience, booking information, emergency information, signature, medical questionnaire responses, and, when authorized, photographs and audiovisual recordings.

This information may be used for:

• Managing reservations, payments, scheduling, and customer communications.

• Determining eligibility and fitness to participate.

• Protecting participant and operational safety.

• Responding to medical or other emergencies.

• Providing training, certification, equipment, transportation, and diving services.

• Maintaining business, insurance, incident, safety, and legal records.

• Complying with requests from certification agencies, insurers, medical providers, maritime authorities, or other competent authorities.

• Marketing and promotional purposes only when the participant provides the corresponding authorization.

Information may be shared when reasonably necessary with instructors, guides, boat operators, transportation providers, certification agencies, insurers, medical or emergency providers, technology and booking providers, professional advisers, or competent authorities.

Requests concerning access, rectification, cancellation, opposition, limitation of use, or revocation of consent may be submitted to infodiversiondives@gmail.com. The request should identify the participant and provide sufficient information to locate the relevant booking or record.

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12. Governing Law, Jurisdiction, and Severability

This Agreement shall be governed and interpreted in accordance with the applicable federal laws of Mexico and the applicable laws of the State of Quintana Roo.

To the extent legally permitted, any dispute connected with this Agreement or the Activities shall be submitted to the competent courts located in Cancún, Quintana Roo, Mexico, and I waive any other venue that may otherwise apply because of my present or future residence or domicile.

If any provision of this Agreement is found invalid, unlawful, or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary, and the remaining provisions shall continue in full force to the extent permitted by law.

This Agreement does not replace any separate medical questionnaire, training-agency document, certification form, boat release, or site-specific agreement that I may also be required to complete.

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13. Electronic Acceptance and Signature

I agree that checking an electronic acceptance box, typing my name, drawing or uploading my signature, or signing through the website constitutes my electronic signature and expresses my intention to be legally bound by this Agreement to the fullest extent permitted by applicable law.

I consent to receiving and retaining this Agreement and related booking records electronically.

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14. Acknowledgment and Signature

By signing below, I confirm that:

• I have carefully read and understood this entire Agreement.

• I have had the opportunity to ask questions before signing.

• I understand that scuba diving involves risks of serious injury and death.

• I voluntarily assume the risks described above.

• I understand that I am releasing certain legal claims to the extent permitted by law.

• I have provided truthful and complete medical, personal, and certification information.

• I agree to the safety and cancellation policies contained in this Agreement.

• My photography and marketing authorization is governed exclusively by the option I selected in Section 10.

• I am signing voluntarily and without coercion or undue pressure.

I confirm that I am at least eighteen years of age and legally competent to sign this Agreement.

If the participant is under eighteen years of age, a parent or legal guardian must sign this Agreement on the participant’s behalf. The parent or legal guardian represents that they have legal authority to provide such authorization and agrees to be bound by the applicable provisions of this Agreement.