Dive Permit Application

Application for himself or herself and for his or her heirs and legal representatives and successors in the interest agrees to indemnify, defend, and hold harmless the City of Santa Rosa against all damages, actions, causes of actions, claims, judgments, and cost of litigation and attorney fees, which may in any way result from the use at any time by the Applicant of the Blue Hole or attendant facilities. Applicant agrees to pay for any and all damages and injuries to any city property caused by or resulting from Applicant's use of Blue Hole and attendant facilities. That he or she has read and will comply with Santa Rosa City Ordinance No. 414. Applicant states that he or she has current certification of skin or scuba diving qualifications by a recognized scuba training school. That he or she is familiar with skin or scuba diving and knows that such activity conducted at the Blue Hole or Perch Lake and attendant facilities and they not skin or scuba dive without the presence of another qualified and trained individual.

The City of Santa Rosa is allowing for the purchase of a scuba diving permit. Any dive store, instructor, student, or certified diver may request the permit. A copy of the diver's certification card must be attached to this request and the liability release must be completed and signed. If a student is a minor, the liability release must be completed and signed by a parent. Dive stores and instructors will also be required to provide a copy of their current insurance carrier for the period in which they are requesting an annual permit. All annual permits will run from January to December of the given year. It will be the responsibility of the individual dive store, instructor, or individual to purchase a new annual permit for the next valid year. It is the responsibility of the dive store or the instructor to obtain permits for their students. It is the dive store or instructor's responsibility to ensure that permits are worn on the students' BCD. Permits will be required to be worn on the diver's BCD while he is diving in the City of Santa Rosa or any property belonging to the City of Santa Rosa.

I understand and am aware that scuba diving/free diving are activities that involve INHERENT RISKS AND HAZARDS. I understand and am aware that the geographical features of the Blue Hole are subject to change over time. I understand that these sports and scuba diving/free diving equipment involve a risk of injury to any and all parts of my body. Despite the risk of injury, I HEREBY FREELY AND EXPRESSLY ASSUME any and all risks associated with the sports of scuba diving/free diving.

I understand, and by initialing, hereby do agree that safe practices for scuba/free diving are my responsibility and include, but are not limited to, the following:

1. I am in good mental and physical fitness, and I will never scuba dive/free dive while under the influence of alcohol and/or drugs. If I am taking any medication, I have seen a physician and have approval to scuba/free dive under the conditions of this activity while under the influence of the medication/drugs.


2. I will only enter and exit the water at the designated entry/exiting locations.


3. I understand care must be exercised at all times whenever entering or exiting the water.


4. I know I should be aware of the known features of the dive and, if they are not clear to me, I am responsible for having any questions answered before I enter the water.


5. I am aware of and agree to the following:
   
   
   
   1. I will stay at least 10 feet away from the walls.
   
   
   2. I will not place or attach any items or lines to the walls.
   
   
   3. I will not run any lines from the walls, or from wall to wall.

I acknowledge that I understand the importance and purpose of safe diving practices and my responsibility to adhere to them.

To the fullest extent allowed by law, I AGREE TO RELEASE Blue Hole, and the City of Santa Rosa, New Mexico and all of their principals, heirs, assigns, employees, staff, agents, (hereinafter referred to as “Released Parties”), FROM ANY AND ALL RESPONSIBILITY OR LIABILITY for any and all injuries or damages sustained by me or others during the dive(s). Furthermore, I AGREE NOT TO SUE or make a claim against any of the Released Parties for injuries or damages sustained by others or me during the dive(s). I AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY the Released Parties from any and all liability for injuries whether arising or resulting from any NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OR FROM ANY OTHER CAUSE.
I am fully aware that diving with compressed breathing gas involves certain risks and that INJURIES OR DEATH CAN OCCUR. I further agree that if I am involved in an underwater accident that it may be determined that I be evacuated for emergency medical treatment or to a hyperbaric chamber and that I am responsible for all associated costs and expenses. I further understand that such medical care may not be easily or readily accessible.
This document supersedes all other agreements or representations by or between the parties and is intended to provide a comprehensive release of liability but is not intended to assert any claims or defenses which are prohibited by law. I understand and agree that this Agreement will be interpreted pursuant to New Mexico law. If any portion of this Agreement is deemed unenforceable, the remainder shall be given full force and effect. I understand this is legally binding on my heirs and on me.