Reserving or participating in any travel services offered by Ascuba Venture Inc(authorized to do business as Ascuba Venture & The Swim School of Corpus Christi) (hereinafter "Ascuba Venture", "we", "us") constitutes a contractual agreement between the participant ("Participant," "you") and Ascuba Venture and is an acknowledgement that you have read, understand, and agree to be bound by these

Terms & Conditions ("Terms"), which includes Health & Safety and any other applicable waivers (see "Waivers" section) for your trip. You must be at least 18 years of age to make a reservation. In all cases, the person making the reservation represents and warrants that all participants have consented to, accepted, and agreed to be bound by these Terms.

Ascuba Venture reserves the right to update or amend these Terms at any time prior to your making a reservation. An up-to- date copy of these Terms is accessible on Ascuba Venture' website at AscubaVenture.com The Terms as lited online when completing a reservation are those that control.

Payment on any Tour indicates you and all members of your traveling party have read and accepted these Terms. Your booking is not confirmed until your payment is processed by Ascuba Venture, and you receive a confirmation invoice.

PARTICIPATION:

Ascuba Venture reserves the right to decline to accept or retain any person as a member of any tour, in which event your sole remedy shall be a prorated refund for any unused portion of the trip. Ascuba Venture further reserves the right to remove any person from a tour whose comportment is disruptive or dangerous to other tour participants, to Ascuba Venture representatives or to third parties involved in the tour or is in violation of any applicable agreement between us and you.

Should this occur, you will forfeit the trip cost, and Ascuba Venture shall have no liability, financial or otherwise.

We reserve the right to cancel any Tour because of inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a Tour, our liability is limited to a full refund of your payments to us, and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances.

REVISION OF CONTENTS OF SERVICES:

Ascuba Venture may at any time cancel the tour or revise its contents and services for any of the following reasons: natural calamity or disaster, weather conditions, suspension of services rendered by transport, accommodation, or service provider facilities, provision of transportation not based on the original operational plan, governmental orders, pandemic, or other circumstances beyond Ascuba Venture' control. Ascuba Venture reserves the right to take necessary measures when safe, smooth tour operation in accordance with the itinerary is deemed impossible, or when there is valid reason to believe that the tour cannot continue. In such cases, Ascuba Venture must explain in a timely manner its inability to function according to the itinerary under the circumstances. However, said explanation may be made after revisions are made when conditions demand.

RESPONSIBILITY:

The carriers, accommodations, and other suppliers providing package services are independent contractors and are not agents, employees, or servants of, or joint ventures with, Ascuba Venture or its affiliates. All travel documents for package services issued by Ascuba Venture are subject to the terms and conditions specified by the supplier, and to the laws of the countries in which the services are supplied.

Transportation:

In accordance with the terms of this agreement, the boat captain shall be held solely responsible for ensuring the safe transport of passengers to and from the designated dive site. The captain's duties are limited to the navigation and operation of the vessel, with a primary focus on providing a secure and efficient journey for all individuals on board. Any activities related to diving, underwater exploration, or other aquatic pursuits undertaken at the dive site are expressly excluded from the captain's scope of responsibility. Passengers engaging in such activities do so at their own risk, and the captain shall not be held liable for any incidents, accidents, or injuries arising from or connected to said activities. This delineation of responsibilities is binding and shall govern the relationship between the boat captain and the passengers throughout the entirety of the voyage.

PRICING:

Quoted Tour prices are per person, double occupancy except where indicated. Prices include programming, planning, handling, and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase Tour prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a Tour or its parts.

If, after departure, the services included in the package cannot be supplied, or there are changes in an itinerary for reasons beyond the control of Ascuba Venture, Ascuba Venture will arrange for the provision of comparable services. Any resulting additional expense will be payable by travelers and any resulting savings will be refunded by Ascuba Venture to its clients.

Reservations and Payments: The Tour deposit amount is listed on the Website or in your brochure. The deposit is required in order to confirm your booking. Upon receipt of the deposit, Ascuba Venture will send you confirmation of your booking. Your final payment date will be listed on the confirmation. Final payment is due sixty (60) days prior to departure unless otherwise indicated on the Website or in the brochure. If your reservation is made within sixty (60) days of departure, the entire cost of the trip must be paid at the time of the request in order to secure confirmation.

Travel Insurance: We strongly recommend that you purchase travel insurance. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.

Single Travelers: Tour prices are based on double occupancy. Single travelers will be expected to pay the single supplement fee if opting out of an assigned roommate.

Cancellation by You: We must receive your cancellation notice in writing and your cancellation date will be the date on which we receive your notice.

•        If we receive your cancellation notice ninety-one (91) days or more from the Tour departure date, we will refund fifty percent (50%) of the deposit amount, and all of the Tour price, to the extent that you have made that payment, unless we are able to fill your spot prior to departure, in which case you will receive a full refund.

•        If we receive your cancellation notice ninety (90) to sixty-one (61) days prior to the departure date, we will retain twenty percent (20%) of the Tour price based on double occupancy, excluding optional payments.

•        If we receive your cancellation notice sixty (60) days or fewer prior to the departure date, we will retain one hundred percent (100%) of the Tour price.

•        Any penalty imposed by an airline, including for airline service between points on the Tour or travel to or from the Tour, is your responsibility.

NOT INCLUDED IN THE PACKAGE PRICE:

Incidental charges and expenses other than those specified in the preceding article including, but not limited to, airfare not included in the quoted tour, costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities; meals and drinks other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability). In addition, medical expenses for injuries and illness, and traveling and accommodation costs between arrival and departure outside the duration of the package itinerary are not included in the Tour price and are your sole responsibility.

Other Taxes and Fees: Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included in the Tour price unless stated.

Baggage: We assume no liability for loss or damage to baggage in transit to and from a Tour or while on a Tour. We recommend purchasing a supplemental travel insurance package.

PASSPORTS AND VISAS:

You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained

prior to travel. It is recommended that you check with the U.S. Department of State website (travel.state.gov) for the latest passport and visa requirements.

DIVE ACCIDENT INSURANCE:

Ascuba Venture requires each participant to carry dive insurance to participate in the Tour. Your current medical insurance may not cover snorkeling or diving related medical emergencies and medical evacuation. During the Tour medical treatment, including hyperbaric chamber treatment may be hours or days away.

YOUNG TRAVELERS:

Unless otherwise indicated in the Tour description, all Tour passengers must be at least ten (10) years of age. However, some activities contained within an Itinerary may have a different age restriction than the overall minimum age requirement, in which case details will be provided at the time of booking. A parent or guardian must accompany travelers who are less than 18 years old on the date of departure, unless otherwise specified in the Tour description.  

SAFETY:

Please be aware that during your trip arranged by Ascuba Venture, certain risks and dangers may arise beyond our control including, but not limited to, the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; the forces of nature, political unrest and accident or illness in remote regions without means of rapid evacuation or medical facilities. Ascuba Venture will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. It is understood that Ascuba Venture will use its best efforts to ensure that adequate measures are taken.

LIABILITY OF PARTICIPANT/ INDEMNIFICATION:

Participant hereby indemnifies and agrees to hold harmless Ascuba Venture, together with its owners, members, officers, employees, directors, agents representatives, contractors, partners and assigns ("Indemnified Persons"), from and against any and all loss, liability, damage or deficiency, (including interest, costs and attorneys' fees) that any of the Indemnified Persons might suffer, incur, sustain, or be subject to arising from Participant's fault, negligence, willful or wanton conduct, or

Participant's breach of this Travel/Tour Terms and Conditions, the Travel Waiver and Release of Liability

Agreement, the Travel Participant: Health & Safety COVID Representations - and - COVID

Waiver & release of Liability Agreement, or any additional, ancillary agreements between Participant and

Ascuba Venture. Participant is required to make every effort to utilize information acquired from Ascuba Venture and to understand the details of his or her rights and responsibilities as well as the details of package conditions.

PRIVACY POLICY:

Ascuba Venture will use the personal information provided only for communicating with clients and for arranging transportation, accommodation, and services as necessary in order to provide the services requested by the client. You understand that on this tour or related activities, you may be photographed. You agree to allow your photo, video or film likeness and voice to be used by Ascuba Venture, organizers, representatives and/or assigns in their sole discretion without payment.

I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERNS AND

CONDITIONS HEREIN AND ABOVE SET FORTH ON BEHALF OF NYSELF, NY NINOR CHILD/ CHILDREN FOR WHON I HAVE THE CAPACITY TO CONTRACT, NY HEIRS AND NY PERSONAL REPRESENTATIVES. I REALIZE THAT THIS DOCUNENT IS A CONTRACT.

 Ascuba Venture Responsible Diver Code

Scuba diving is an adventure activity that requires the use of specialized life support equipment in an underwater environment where humans could not otherwise exist. As with other adventure activities, scuba diving has elements of risk that cannot be totally eliminated regardless of the amount of training, care, caution or expertise. ASCUBA VENTURE believes these risks may be reduced through the SSI Diver Diamond - development of proper Knowledge, Skills, Equipment and Experience. Ultimately it is up to each individual diver to assume the inherent risk associated with scuba diving and each diver’s responsibility to minimize the risk through exercising good judgment, common sense, respect and personal awareness during all diving activities. ASCUBA VENTURE has developed a Responsible Diver Code to remind divers of your responsibilities for each dive.

As a Responsible Diver - I pledge to:

1.        DIVE COMPETENTLY - Always dive within my training, certification, experience, comfort and ability.

2.        MAINTAIN APPROPRIATE DIVER HEALTH - Including appropriate fitness, physical health and mental awareness to dive.

3.        UTILIZE A DIVE PLAN - Plan my dive and dive my plan. Listen to and follow dive briefings.

4.        BE A RESPONSIBLE DIVE PARTNER - Remain with my dive partner from start to finish of my dive. Know our plan to reunite if separated underwater.

5.        INSPECT MY DIVE EQUIPMENT - Before each dive, I will inspect my equipment and make sure everything is working properly. I will confirm my cylinder valve is completely open. When using blended gas (i.e., Enriched Air Nitrox) – I shall analyze my gas and know its limitations. I will establish proper weighting, know how to release my weights, and verify my buoyancy compensator (BC) and inflator are connected and functioning properly. I will secure my submersible pressure/depth gauge and/or dive computer where it is easily accessible, and know how to use each.

6.        DIVER AWARENESS - Monitor my cylinder pressure; making sure to surface with reserve gas and never run out of gas. Monitor my depth and time, respect no decompression limits, perform controlled ascents, safety stops, and monitor my dive partner.

7.        MAINTAIN PROFICIENT SCUBA SKILLS - I understand scuba skills and knowledge are perishable. If it has been more than six months since my last dive, I understand the importance of taking a Scuba Skills Update course. I will maintain proper buoyancy throughout my dive, ascend slowly, and breathe properly to avoid overexpansion injuries.

8.        RESPECT THE ENVIRONMENT - Be aware of currents, waves, visibility, temperature, weather, boat traffic, slippery, uneven and unstable surfaces, overhead environments, entanglements, and hazardous marine life. I understand boats are unsteady surfaces and will always use one hand to stabilize myself. I understand the importance of taking an orientation dive with a local professional when diving in unfamiliar environments. I will obey all diving and applicable regulations, statutes and codes.

9.        PLAN FOR EMERGENCIES - In addition to inspecting all of my dive equipment, I will verify my dive partner’s equipment is functioning properly, configured appropriately and that I know how to remove our weights in case of an emergency. I will make sure our alternate air sources are properly secured and easily accessible in case of a low air or out of air emergency. I will know scuba hand signals and how to alert others in case of an emergency. I will have an emergency action plan in case my dive partner or I have an emergency.

10.     ACCEPT RESPONSIBILITY - I am ultimately responsible for my safety during all diving activities. Failure to comply with these responsibilities will increase my risk of serious injury or death. Accidents can happen even when all safety guidelines are followed, therefore I should obtain personal dive accident insurance.

I understand the importance of being a responsible diver and I pledge to abide by the ASCUBA VENTURE Responsible Diver Code. I understand failure to abide by the ASCUBA VENTURE Responsible Diver Code will jeopardize my safety and well-being.

Waiver and Acceptance of Scope of Liability

Scope of  Topcat Fishing and Dive Charter liability:

In accordance with the terms of this agreement, the boat captain shall be held solely responsible for ensuring the safe transport of passengers to and from the designated dive site. The captain's duties are limited to the navigation and operation of the vessel, with a primary focus on providing a secure and efficient journey for all individuals on board. Any activities related to diving, underwater exploration, or other aquatic pursuits undertaken at the dive site are expressly excluded from the captain's scope of responsibility. Passengers engaging in such activities do so at their own risk, and the captain shall not be held liable for any incidents, accidents, or injuries arising from or connected to said activities. This delineation of responsibilities is binding and shall govern the relationship between the boat captain and the passengers throughout the entirety of the voyage.

SAFETY:

Please be aware that during your trip with Topcat Fishing and Dive Charter, certain risks and dangers may arise beyond our control, including, but not limited to, the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; the forces of nature, political unrest and accident or illness in remote regions without means of rapid evacuation or medical facilities. Topcat Fishing and Dive Charter will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. It is understood that Topcat Fishing and Dive Charter will use its best efforts to ensure that adequate measures are taken.

LIABILITY OF PARTICIPANT/ INDEMNIFICATION:

Participant hereby indemnifies and agrees to hold harmless Topcat Fishing and Dive Charter, together with its owners, members, officers, employees, directors, agents representatives, contractors, partners and assigns ("lndemnified Persons"), from and against any and all loss, liability, damage or deficiency, (including interest, costs and attorneys fees) that any of the Indemnified Persons might suffer, incur, sustain, or be subject to arising from Participant's fault, negligence, willful or wanton conduct, or Parlicipant's breach of this Travel/Tour Terms and Conditions, the Travel Waiver and Release of Liability Agreement, the Travel Participant: Health & Safety COVID Representations and

COVID Waiver & release of Liability Agreement, or any additional, ancillary agreements between Participant and Topcat Fishing and Dive Charter. Participant is required to make every effort to utilize information acquired from Topcat Fishing and Dive Charter and to understand the details of his or her rights and responsibilities as well as the details of package conditions.

I have read, understand, and agree to the above terms: