Your Agreement with Scuba Dives

This document (“Agreement”) sets forth the terms governing all training, instruction, and related services provided by ScubaDives.com / Scuba Dives, LLC (“Scuba Dives” or “Company”) to the undersigned participant/purchaser (“Student”). By signing, electronically accepting, enrolling, scheduling, paying for, or participating in any Training, Student agrees to be bound by this Agreement.

I. Definitions

For purposes of this Agreement:

1. “Company” means ScubaDives.com / Scuba Dives, LLC, including its owners, instructors, contractors, and affiliates.

1. “Student” means the individual purchasing and/or participating in Training and any person paying on the Student’s behalf.

1. “Training” includes all coursework, private instruction, pool sessions, open-water dives, guided dives, evaluations, and related services.

1. “Agency Fees” means fees and charges imposed by training agencies including, without limitation, PADI and SDI, and any required eLearning, materials, application, processing, or certification costs.

1. “Third-Party Costs” means costs incurred, reserved, or committed by the Company on the Student’s behalf, including without limitation pool/venue fees, charter boat fees, permits, park fees, instructor travel expenses, lodging, airfare, transportation, and any operator or vendor deposits or prepayments.

II. Cancellation, Rescheduling, Refunds, and Non-Refundable Costs

1. No Refund Policy; Credits and Rescheduling at Company Discretion.
  Except as expressly stated in Section II.5 (Medical Deferral), all payments are non-refundable once collected. The Company may, in its sole discretion, offer to reschedule and/or provide a credit as a customer service accommodation; any such accommodation does not create an obligation to offer the same in the future.

1. Training Agency (PADI/SDI) Fees Are Non-Refundable.
  Agency Fees are non-refundable under all circumstances once purchased, issued, assigned, redeemed, or otherwise made available to the Student.
  If the Student reschedules, Agency Fees may be applied to a later date only to the extent permitted by the applicable agency’s rules, access periods, and course requirements. The Student acknowledges that agency access windows and reactivation fees (if any) are outside the Company’s control and remain the Student’s responsibility.

1. Third-Party Costs: Non-Refundable Vendor Cutoffs.
  The Student acknowledges that the Company must reserve instructor time and secure Third-Party Costs in advance. Accordingly:
  (a) Pool fees, charter boat fees, and similar reserved vendor/venue charges are non-refundable no later than one (1) week prior to the applicable pool session, charter, or scheduled Training date, and may become non-refundable earlier based on vendor contract terms.
  (b) If the Company has already incurred or committed any Third-Party Costs at the time of cancellation (including deposits, prepayments, reservation fees, or travel expenses), those amounts are non-refundable and are the Student’s responsibility, regardless of the reason for cancellation.

1. Notice Requirements by Location.
  (a) Florida-Based Learning Sessions (Minimum 14 Days’ Notice). For Training conducted in Florida, the Student must provide at least fourteen (14) days’ advance written notice to cancel or request rescheduling. Inside fourteen (14) days, there are no refunds. Any reschedule/credit, if offered, will be subject to Section II.6 and availability.
  (b) International and Non-Florida Lesson Locations (Minimum 30 Days’ Notice). For Training conducted outside Florida or involving travel, the Student must provide at least thirty (30) days’ advance written notice to cancel or request rescheduling. The Student is solely responsible for all non-refundable travel expenses, including without limitation airfare, hotel/lodging, ground transportation, and any prepaid operator/vendor fees.

1. Medical Deferral (Rescheduling Only; No Refund).
  If the Student claims a medical condition prevents participation, the Company may allow a deferral/reschedule only if the Student provides a written letter from a licensed physician stating (i) the relevant condition and (ii) that the Student is not medically cleared to dive at this time.
  Upon receipt and verification of this documentation, the Company will permit the Student to reschedule Training for a later date when medically cleared, subject to instructor availability and agency/course requirements.
  No refunds will be issued, and Agency Fees and all Third-Party Costs remain non-refundable.

1. Rescheduling Terms.
  If the Company permits rescheduling:
  (a) The rescheduled dates must be completed within twelve (12) months of the original scheduled date, unless otherwise required by agency rules or unless extended in writing by the Company in its sole discretion.
  (b) The Student is responsible for any price increases, additional Third-Party Costs, agency reactivation fees, updated materials, or other incremental costs arising from the reschedule.
  (c) Rescheduling does not relieve the Student of responsibility for any Third-Party Costs already incurred or committed.

1. Student Responsibility for Non-Refundable Expenses.
  The Student agrees that the Student shall be responsible for any non-refundable expenses incurred by the instructor and/or the Company and any Third-Party providers reserved or engaged for the Student’s Training if the Student cancels for any reason, including without limitation personal scheduling conflicts, travel issues, weather preferences, discomfort, incomplete paperwork, failure to meet prerequisites, or failure to appear.

1. Cancellation Method and Effective Time.
  All cancellations and reschedule requests must be submitted in writing to su*****@********es.com (or such other email address as the Company designates in writing). The effective time of cancellation is the timestamp of the Company’s receipt of the written notice.

1. Chargebacks and Payment Disputes.
  The Student agrees to contact the Company first and provide a reasonable opportunity to resolve any billing questions, concerns, or disputes before initiating any payment dispute with a card issuer, bank, or payment processor.
  To the fullest extent permitted by applicable law, the Student knowingly and voluntarily waives any right to initiate a chargeback, reversal, or other payment dispute for charges authorized under this Agreement, including charges that are expressly designated as non-refundable and/or represent Agency Fees or Third-Party Costs. The Student acknowledges that this waiver is a material term of this Agreement and a condition of enrollment and scheduling.
  If the Student nevertheless initiates a chargeback or payment dispute in violation of this provision, the Company may suspend or terminate Training access and may pursue recovery of amounts owed, including reasonable administrative fees, collection costs, and attorneys’ fees where permitted by law.

1. Survival.
  Sections addressing non-refundability, Third-Party Costs, payment responsibility, dispute resolution, releases, waivers, indemnification, and limitations of liability survive cancellation and completion of Training.

III. Governing Law; Exclusive Venue; Jurisdiction; 90-Day Time Limit to Bring Claims

1. Governing Law.
  This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Training, or any services provided by Scuba Dives (collectively, “Disputes”) shall be governed by the laws of the State of Florida, without regard to conflict-of-law rules.

1. Exclusive Venue and Jurisdiction.
  The parties agree that any lawsuit, action, or proceeding arising from or relating to any Dispute must be filed exclusively in the state courts located in Pinellas County, Florida, and each party irrevocably submits to the personal jurisdiction of those courts. If a Dispute is subject to federal jurisdiction and cannot be brought in state court, it shall be brought exclusively in the United States District Court for the Middle District of Florida (Tampa Division).

1. Time Limit to File.
  To the fullest extent permitted by law, any lawsuit, action, or proceeding arising out of or relating to any Dispute must be commenced within ninety (90) days after the date of the event, occurrence, or incident giving rise to the Dispute (or, if later, within ninety (90) days after the Dispute was discovered or reasonably should have been discovered). The parties agree that any claim not timely filed is permanently barred. If this time limitation is determined unenforceable as to a particular claim, the applicable statutory limitations period shall apply only to that claim.

IV. Mandatory Informal Resolution

Before filing any lawsuit, the Student agrees to provide written notice of the Dispute to Scuba Dives at su*****@********es.com, describing the nature of the Dispute and the requested relief, and to allow Scuba Dives at least thirty (30) days to investigate and attempt to resolve the Dispute.

V. Waiver of Jury Trial; Class/Collective Action Waiver

1. Jury Trial Waiver.
  To the fullest extent permitted by law, the parties knowingly and voluntarily waive any right to a trial by jury in any action or proceeding arising out of or relating to this Agreement or the Training.

1. Class/Collective Action Waiver.
  The Student agrees that any Dispute will be brought solely in the Student’s individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding.

VI. No Arbitration Unless Agreed in Writing

The Student and Scuba Dives agree that no Dispute shall be submitted to arbitration, and neither party shall seek to compel arbitration, unless and until the Student and Scuba Dives expressly agree in a separate written agreement signed by both parties to submit a specific Dispute to arbitration. Any agreement to arbitrate must (i) identify the specific Dispute to be arbitrated, (ii) state the arbitration forum and rules to be applied, and (iii) be executed after the Dispute arises. This provision does not limit either party’s right to pursue relief in the courts specified in Section III.

VII. Assumption of Risk; Acknowledgment of Inherent Hazards

The Student acknowledges that scuba diving, snorkeling, freediving, boating, and related water activities involve inherent risks, including but not limited to serious injury, drowning, barotrauma, decompression sickness, embolism, equipment malfunction, marine life injury, weather and sea-state hazards, slips/falls on boats or docks, and risks associated with remote locations and delayed medical care. The Student knowingly and voluntarily assumes all such risks, whether known or unknown, and accepts full responsibility for participation.

VIII. Release of Liability; Covenant Not to Sue

To the fullest extent permitted by Florida law, the Student knowingly and voluntarily releases Scuba Dives, and its owners, instructors, divemasters, assistants, contractors, agents, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind for bodily injury, death, or property damage arising out of or relating to: (a) the Training; (b) travel to/from the Training; and (c) participation in any water activity associated with the Training (collectively, the “Activities”), including claims based on the ordinary negligence of any Released Party (for example, negligent instruction, supervision, site selection, rescue efforts, first aid, use of facilities, and selection, provision, fitting, or maintenance of equipment).
This Release does not apply to claims based on gross negligence, reckless conduct, willful misconduct, intentional wrongdoing, or other conduct that cannot be released as a matter of Florida law.

COVENANT NOT TO SUE.
The Student agrees not to file, commence, or pursue any claim, demand, administrative action, arbitration, or lawsuit against any Released Party for any matter released under this Section VIII. If the Student nonetheless brings a claim against any Released Party that is within the scope of that Release, the Student agrees that the claim should be dismissed to the fullest extent permitted by law.

IX. Indemnification

The Student agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) the Student’s acts or omissions; (ii) the Student’s breach of this Agreement; (iii) the Student’s violation of any law, rule, instruction, or safety protocol; or (iv) claims brought by third parties arising from the Student’s conduct.

X. Limitation of Liability; No Consequential Damages

1. Cap on Liability.
  To the fullest extent permitted by law, the total liability of Scuba Dives for any and all claims arising out of or relating to this Agreement or the Training shall not exceed the total amount paid by the Student to Scuba Dives for the specific Training giving rise to the claim.

1. No Consequential Damages.
  In no event shall Scuba Dives be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of enjoyment, lost travel costs, or replacement costs, even if advised of the possibility of such damages.

XI. Student Fitness, Medical Disclosures, and Compliance with Standards

The Student represents and warrants that they are physically and mentally fit to participate, will complete all required medical questionnaires and disclosures truthfully, and will comply with all agency standards, instructor directions, and safety requirements. The Student acknowledges that any omission or misrepresentation regarding medical history, medications, or fitness may create serious risk and may result in immediate removal from Training without refund.

XII. No Guarantee of Certification; Instructor Discretion

The Student acknowledges that certification is not guaranteed. Progress depends on skill mastery, comfort, and meeting performance requirements. The instructor may pause, postpone, or terminate Training for safety, standards compliance, or behavior concerns. If Training is paused or terminated for these reasons, the Student remains responsible for Agency Fees and Third-Party Costs, and no refunds are owed.

XIII. Weather, Sea Conditions, and Operational Changes

Training schedules, open-water sites, and charter operations are subject to change due to weather, sea conditions, vendor requirements, mechanical issues, regulatory closures, or safety considerations. Where feasible, Scuba Dives may offer rescheduling or alternate sites, but Agency Fees and Third-Party Costs remain non-refundable as stated in this Agreement.

XIV. Third-Party Providers; No Responsibility for Their Acts

Certain components of Training may involve third parties (pool facilities, charter operators, dive parks, resorts, transportation providers). The Student acknowledges such third parties are independent and that Scuba Dives is not responsible for their acts or omissions. Third-party terms and waivers may apply.

XV. Accuracy, Errors, and External Standards

While ScubaDives.com strives to provide accurate and up-to-date course descriptions, requirements, schedules, and pricing information, you acknowledge and agree that:

Typographical and Informational Errors:
Occasional errors, omissions, or inaccuracies may exist in course materials, promotional content, or published requirements due to human error or updating processes. Scuba Dives does not guarantee that every detail will be free from typos, outdated figures, or inadvertent omissions.
External Standards and Policy Changes:
Course standards, prerequisites, certifications, and policies set by external agencies (including but not limited to PADI or SDI) are subject to change without prior notice. Scuba Dives is not responsible for any modifications these agencies may make to their certification requirements, training standards, or policies after publication on our site.
Inadvertent Omissions:
Any educational, safety, or certification requirement inadvertently omitted from course descriptions or training materials does not negate your obligation to meet all recognized standards required for certification. You agree that it is your responsibility to comply with all applicable training standards as required by the certifying agency and local regulations.
Interpretation and Updates:
Scuba Dives reserves the right to correct, update, modify, or remove content on its website and course materials at any time, without prior notice. Course pricing, scheduling, locations, and ancillary requirements (such as site fees, vessel charges, or third-party costs) may vary and are confirmed prior to commitment.

By participating in Scuba Dives training, you acknowledge that course information, agency requirements, and related instructional details are subject to change, and you agree to hold Scuba Dives harmless for any typographical errors, inadvertent omissions, or changes in external policy that affect course content or logistics.

XVI. Photography/Video Release

The Student grants Scuba Dives the right to capture and use photographs, audio, and video of the Student taken during Training for lawful business purposes (marketing, education, documentation), without compensation, unless the Student opts out in writing prior to Training.

XVII. Attorneys’ Fees; Costs

To the fullest extent permitted by law, in any action arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including fees and costs incurred on appeal and in post-judgment collection.

XVIII. Entire Agreement; Severability; Electronic Acceptance

1. Entire Agreement.
  This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes prior discussions.

1. Severability.
  If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

1. Electronic Acceptance.
  The Student agrees that electronic acceptance (checkbox, e-signature, or payment confirmation) constitutes a valid and binding signature.