Terms & Conditions

Updated: May 17, 2025
Website: www.trydivingfun.com
Company: Try Diving Fun (“Company,” “we,” “us,” or “our”)

Please read these Terms and Conditions (“Terms”) carefully before using the Try Diving Fun website (the “Website,” “Site,” or “Service”). By accessing or using this Website, you agree to be legally bound by these Terms, our Privacy Policy, and any additional legal notices. If you do not agree to these Terms, please do not use the Website.

This Website is owned and operated by Try Diving Fun. It provides information about our scuba diving and snorkeling tours, booking details, contact options, and related services. These Terms form a legally binding agreement between you and Try Diving Fun.

  1. Use of the Website

The Try Diving Fun website is designed to provide users with information about our scuba diving and snorkeling tours, pricing, requirements, and contact options. By accessing and browsing our website (www.trydivingfun.com), you agree to abide by the terms below:

  • Permitted Use: You may use the Website solely for lawful purposes, including reviewing our services, submitting inquiries, or making bookings for yourself or individuals for whom you are authorized to act.
  • Prohibited Conduct: You agree not to:
    • Use the Website in any way that violates applicable federal, state, local, or international law or regulation.
    • Attempt to gain unauthorized access to any part of the Website, its servers, or systems connected to it.
    • Use the Website in a manner that could damage, disable, overburden, or impair the Website’s functionality or interfere with any other user’s access.
    • Upload, transmit, or distribute any virus, malware, or harmful code that could impact the operation or security of the Website.
  • Accuracy of Use: You agree to provide only truthful and accurate information when submitting any form or inquiry via the Website.

This section is essential to ensure the security and appropriate use of the Website and its content. Misuse or breach of this section may result in termination of access, legal action, or both.

  1. Eligibility

To access and use the services offered on the Try Diving Fun website, you must meet the following eligibility requirements:

  • Minimum Age Requirement: You must be at least 18 years of age to use this Website, submit inquiries, or make bookings. If you are under 18, a parent or legal guardian must submit the booking on your behalf and agree to these Terms.
  • Booking for Minors: While our scuba diving and snorkeling tours are available to individuals as young as 8 years old (depending on the tour), all bookings for minors must be submitted by a responsible adult. The adult making the booking is fully responsible for reviewing all safety information, verifying eligibility, and completing any required waivers or health declarations for the child.
  • Authority to Bind: By using this Website, you confirm that you have the legal authority to enter into a binding agreement with Try Diving Fun—either on your own behalf or on behalf of another person or group you are representing.
  • False Representations: Providing false information or misrepresenting your eligibility may result in cancellation of your booking and potential legal action.
  1. Website Access

We strive to ensure that the Try Diving Fun website remains accessible, functional, and user-friendly. However, we reserve the right to control and manage access in the ways described below:

  • Open Access: You are not required to create a user account or log in to browse the Website, view tours, or submit contact forms. All content and services are publicly accessible unless otherwise specified.
  • Modifications and Updates: We may update, modify, or remove any part of the Website—such as tour descriptions, pricing, photos, or technical features—at any time, without prior notice. These changes may be made for improvements, seasonal updates, or service adjustments.
  • Temporary Unavailability: Access to the Website may be temporarily suspended or restricted due to scheduled maintenance, unexpected system errors, or updates. While we aim to minimize downtime, we cannot guarantee uninterrupted availability.
  • Access Restrictions: We reserve the right to restrict or terminate access to the Website for any individual who:
    • Violates these Terms
    • Attempts to harm the website or others
    • Uses automated tools (bots, crawlers, scripts) to extract data or overload the server
  • Responsibility for Access: You are responsible for ensuring that your device, software, and internet connection meet the requirements for using the Website safely and securely.
  1. Intellectual Property

All content, branding, and media found on the Try Diving Fun website are legally protected and owned by Try Diving Fun or used under proper license. This includes—but is not limited to—the following:

  • Content Ownership: All written content, service descriptions, pricing, FAQs, blog posts, graphics, logos, photos, icons, audio, videos (including GoPro footage), and downloadable materials on the Website are the intellectual property of Try Diving Fun or its content providers.
  • Website Design and Code: The layout, structure, code, and functionality of this Website are protected by copyright and other intellectual property laws. You may not copy, duplicate, modify, reverse engineer, or distribute the Website design or code for any reason without our written permission.
  • Use Restrictions:
    • You may view, print, or share website content solely for personal, non-commercial use (such as showing tour details to a family member or friend).
    • You may not use any content from this Website for commercial purposes, re-post it elsewhere without credit and permission, or misrepresent it as your own.
  • GoPro Videos and Photos: Images and videos captured during your scuba tour may be shared with you as part of our service. However, all rights to promotional use of these media files remain with Try Diving Fun unless you specifically request to opt out at the time of your tour or booking.
  • Trademark Notice: The Try Diving Fun name, logo, and related branding elements are protected trademarks. Unauthorized use may result in legal action.

Any unauthorized use of our intellectual property may violate copyright, trademark, and other applicable laws and may result in legal liability.

  1. Submitted Information

When you interact with Try Diving Fun through our website—such as filling out contact forms, booking a tour, or sending us a message—you are submitting personal information that we use to deliver our services. This section outlines how we handle those submissions:

  • Accuracy of Information:
    You agree to submit only accurate, current, and complete information when making an inquiry, requesting a booking, or submitting any form on our Website. False, misleading, or incomplete data may result in delays, booking cancellations, or refusal of service.
  • Use of Submitted Information:
    By submitting a form, you give us permission to:
    • Store and process the information in order to respond to your request
    • Contact you by email or phone for confirmation, updates, or follow-up
    • Use non-sensitive data (e.g., testimonials or feedback) for training or service improvement purposes, unless you request otherwise
  • Media Consent:
    During your tour, we may take photos or videos (including underwater GoPro footage) as part of the experience. Unless you inform us otherwise, you grant Try Diving Fun a non-exclusive, royalty-free license to use select footage for promotional purposes on our website, social media, and marketing materials.
  • Ownership of Deliverables:
    Any digital media provided to you (e.g., GoPro footage or photos) is for personal use only. All content, materials, and promotional products developed or shared by Try Diving Fun remain the property of the Company unless otherwise specified in writing.
  • Unsolicited Feedback or Ideas:
    If you send us ideas, suggestions, or comments about our tours or services, we may use that feedback without compensation, attribution, or obligation to you.
  1. Service Availability

We strive to make the Try Diving Fun website and our scuba diving tours accessible, dependable, and smoothly operated. However, both the Website and the physical services we provide are subject to real-world limitations. Here’s what you need to know:

6.1 Website Availability

  • No Guarantee of Uptime: While we aim to maintain 24/7 access to the Website, we do not guarantee that the site will always be available, uninterrupted, or error-free.
  • Downtime for Maintenance: We may temporarily suspend access for scheduled maintenance, system upgrades, or security improvements, with or without prior notice.
  • Outages Beyond Our Control: Internet service interruptions, server malfunctions, or third-party hosting issues may also affect your access. We are not responsible for losses resulting from such outages.

6.2 Tour Availability and Changes

  • Weather and Safety: Scuba diving and snorkeling tours are highly dependent on weather, water conditions, and safety regulations. We reserve the right to cancel, postpone, or reschedule any tour at our discretion to ensure participant safety.
  • Minimum Participation Requirements: Some tours (e.g., snorkeling) may require a minimum number of participants. If this number is not met, we may offer to reschedule or refund your booking.
  • Instructor Availability: All tours are subject to instructor availability. In rare cases of illness or emergency, we may substitute instructors or reschedule your tour.
  • No Guaranteed Availability Until Confirmed: Your booking is not final until you receive written confirmation from us. Submission of a booking form alone does not guarantee a reserved spot.

6.3 Service Modifications

We reserve the right to change, update, or remove any part of our services, tour packages, pricing, or Website content without notice. Such updates may reflect changes in season, demand, operational needs, or compliance with safety standards.

  1. Limitation of Liability

Your safety and satisfaction are extremely important to us. However, by using the Try Diving Fun website or participating in our tours, you agree to the following limitations:

7.1 Website Usage

To the fullest extent permitted by law:

  • Try Diving Fun shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from:
    • Use or inability to use the Website
    • Errors, omissions, or inaccuracies in the information provided
    • Technical issues such as bugs, delays, website downtime, or unauthorized access

This includes—but is not limited to—loss of data, loss of business, or damage to your device or software caused by your use of our Website.

7.2 Participation in Tours

By booking and participating in a scuba diving or snorkeling tour, you acknowledge and accept that:

  • Scuba diving involves inherent risks, including physical exertion, underwater hazards, and exposure to environmental conditions.
  • You are responsible for reviewing and complying with all safety instructions, health requirements, and age restrictions provided by our staff or outlined in your confirmation email.
  • Try Diving Fun is not responsible for any injuries, illnesses, allergic reactions, panic attacks, or accidents that may occur during participation—except in cases of proven gross negligence or intentional misconduct.

7.3 Force Majeure

We are not liable for delays, cancellations, or disruptions caused by events outside our reasonable control, such as natural disasters, severe weather, government restrictions, pandemics, or technical failures.

7.4 Third-Party Tools or Links

Try Diving Fun is not liable for damages or issues arising from the use of any third-party services linked on our Website, such as online payment processors or map integrations.

  1. Indemnification

By using the Try Diving Fun website and participating in our services, you agree to protect us from any legal or financial harm that may arise due to your actions. Specifically:

8.1 Your Agreement to Indemnify

You agree to indemnify, defend, and hold harmless Try Diving Fun, its owners, employees, instructors, contractors, affiliates, and agents from and against any and all claims, damages, liabilities, losses, expenses, or costs (including reasonable attorney’s fees) arising out of or relating to:

  • Your Use of the Website: Including but not limited to improper use of forms, unauthorized access attempts, or violation of any terms of use.
  • Your Participation in a Tour: Any injury, illness, damage, or legal dispute resulting from your participation in scuba diving or snorkeling activities, except when caused by our proven negligence.
  • Violation of These Terms: Any breach of the Terms & Conditions outlined in this document.
  • Violation of Laws or Third-Party Rights: Including infringement of intellectual property, failure to disclose health conditions, or misuse of our content or branding.

8.2 Defense and Cooperation

If a claim is made against Try Diving Fun that falls under your indemnification obligation:

  • You will be responsible for defending us against that claim, subject to our right to select our own legal representation.
  • You agree to fully cooperate in our legal defense and to reimburse us for any losses or damages awarded by a court or agreed to in settlement.
  1. Third-Party Services

To enhance our website functionality and provide secure, convenient service options, Try Diving Fun may integrate tools or link to platforms owned and operated by third parties. These third-party services are independent from us, and by using them, you acknowledge and agree to the following:

9.1 Linked Services and Tools

We may provide links to or embed services such as:

  • Payment processors (e.g., PayPal, Stripe)
  • Social media platforms (e.g., Facebook, Instagram)
  • Email or messaging tools
  • Online map services or calendar apps

These services are not operated or controlled by Try Diving Fun, and we are not responsible for their content, functionality, or availability.

9.2 Your Use of Third-Party Platforms

When you interact with a third-party service:

  • You do so at your own risk and under that provider’s own terms of use and privacy policy.
  • We recommend reading their policies before submitting personal information or making payments through their platforms.

9.3 Disclaimer of Responsibility

We are not responsible for:

  • Service failures, billing issues, or data breaches occurring on third-party platforms
  • Any personal or financial losses incurred while using these services
  • Tracking technologies or cookies used by third-party providers

Your interactions with any external websites, services, or apps linked through our Website are strictly between you and the respective third party.

  1. Termination

Try Diving Fun reserves the right to restrict, suspend, or terminate your access to the Website or its services at any time and for any reason, without prior notice. This includes—but is not limited to—the following situations:

10.1 Grounds for Termination

We may take immediate action if we determine that you have:

  • Violated any portion of these Terms and Conditions
  • Used the Website for unlawful, fraudulent, or abusive purposes
  • Submitted false information or misused our booking system
  • Interfered with the functionality or security of the Website
  • Harassed or acted inappropriately toward staff, instructors, or other users

Termination may include cancellation of pending bookings, blocking your access to the Website, and legal action if applicable.

10.2 No Refund Obligation

If your access is terminated due to a violation of these Terms, Try Diving Fun reserves the right to withhold any refund, including payments for tours or services that were scheduled but not yet provided.

10.3 Survival of Terms

Certain provisions of these Terms will continue to apply even after termination. These include:

  • Intellectual Property Rights
  • Limitation of Liability
  • Indemnification
  • Governing Law and Dispute Resolution

10.4 Voluntary Termination by User

You may discontinue your use of the Website at any time. If you have an upcoming booking, please contact us in advance to cancel or reschedule under our cancellation policy.

  1. No Warranty

The Try Diving Fun website and all related services are offered on an “as is” and “as available” basis. We make no warranties, guarantees, or representations—express or implied—about the reliability, accuracy, completeness, or suitability of the Website or the services we provide.

11.1 Website and Content Disclaimer

  • We do not warrant that the information provided on the Website (including tour descriptions, availability, pricing, or visual content) is error-free, current, or complete.
  • We do not guarantee that the Website will always be secure, uninterrupted, or free of viruses or other harmful components.

You use the Website at your own discretion and risk.

11.2 Tour Experience Disclaimer

While we aim to provide an enjoyable, safe, and professionally guided experience:

  • We do not guarantee specific outcomes such as seeing particular marine life, achieving certain diving depths, or capturing perfect underwater footage.
  • Environmental conditions, weather, tide changes, and visibility may affect your experience and are outside of our control.

11.3 Exclusion of Implied Warranties

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Quiet enjoyment

We make no assurance that the Website or services will meet your expectations or perform without error.

  1. Dispute Resolution

We are committed to resolving any concerns you may have in a respectful and efficient manner. This section explains how disputes between you and Try Diving Fun will be handled:

13.1 Informal Resolution First

Before initiating any formal legal process, you agree to:

  • Contact us directly at trydivingfun@gmail.com to explain the issue
  • Allow up to 30 days for us to attempt to resolve the concern informally through good faith communication

Most issues can be addressed quickly by speaking with our team.

13.2 Binding Arbitration

If a resolution cannot be reached informally:

  • Both parties agree to submit the dispute to binding arbitration rather than pursuing litigation in court.
  • Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA).
  • The arbitration will take place in Panama City Beach, Florida, unless otherwise agreed in writing.

13.3 Scope of Arbitration

The following matters will be resolved through arbitration:

  • Disputes related to Website use
  • Disputes related to tour experiences, cancellations, or injuries (excluding personal injury claims where state law prohibits mandatory arbitration)
  • Disputes regarding interpretation or enforcement of these Terms

13.4 Arbitration Finality

  • The arbitrator’s decision is final and legally binding.
  • Judgment on the arbitration award may be entered in any court with proper jurisdiction.

13.5 Exceptions

This clause does not prevent either party from:

  • Filing a claim in small claims court, if eligible
  • Seeking injunctive or equitable relief in a court of law to prevent unauthorized use of intellectual property or confidential information
  1. Modifications to Terms

Try Diving Fun reserves the right to update or change these Terms and Conditions at any time, for any reason, without prior notice. By continuing to use the Website after changes are made, you agree to the updated Terms.

14.1 Notification of Changes

  • Any updates to these Terms will be posted on this page with a revised “Effective Date” at the top.
  • If the changes are material (i.e., they significantly affect your rights or obligations), we may notify you by email or by placing a prominent notice on the homepage.

14.2 Your Responsibility

It is your responsibility to:

  • Review these Terms periodically
  • Understand how changes may affect your rights regarding the use of our Website or participation in tours
  • Discontinue use of the Website if you do not agree to the revised Terms

If you continue to access or use the Website after any changes are posted, it constitutes your acceptance of those changes.

  1. Acceptable Use

To maintain a safe, respectful, and secure environment for all users and staff, your use of the Try Diving Fun website and services must comply with the following Acceptable Use Policy:

15.1 Prohibited Activities

You agree not to engage in any of the following activities while using our Website or interacting with our business:

  • Upload or transmit any harmful software, including viruses, worms, or malware designed to disrupt or damage systems or data
  • Attempt to interfere with or bypass the Website’s security features or gain unauthorized access to protected areas of the site
  • Use the Website for phishing, spamming, or sending unauthorized or deceptive communications
  • Harass, threaten, impersonate, or abuse any Try Diving Fun staff, instructors, or users
  • Scrape, mine, or harvest content or data from the Website using automated tools such as bots, crawlers, or scripts
  • Book tours fraudulently, including using false identities, payment information, or creating fake submissions
  • Resell or redistribute our services or media content without written permission

15.2 Compliance with Local and International Laws

You must comply with all applicable laws and regulations when using the Website or participating in our services, including:

  • U.S. export control laws
  • Consumer protection laws
  • Data privacy regulations

15.3 Consequences of Misuse

Any violation of this Acceptable Use Policy may result in:

  • Immediate restriction or termination of your access to the Website
  • Cancellation of pending bookings
  • Legal action or reporting to law enforcement, where appropriate

We reserve the right to monitor activity on our Website to ensure compliance with these standards.

Contact Information & Agreement Acknowledgment

If you have any questions, concerns, or need clarification about these Terms and Conditions, please don’t hesitate to contact us. We are committed to transparency and are happy to assist you.

How to Contact Us

  • Email: trydivingfun@gmail.com
  • Phone: +1 (850) 252-2623
  • Mailing Address:
    Try Diving Fun
    FL 32408, Panama City Beach, USA

Acknowledgment of Agreement

By accessing or using the Try Diving Fun website or booking any of our scuba diving or snorkeling services, you confirm that:

  • You have read, understood, and agreed to be legally bound by these Terms and Conditions.
  • You understand that your continued use of the Website constitutes ongoing acceptance of any future updates to these Terms.

If you do not agree with these Terms, please discontinue your use of the Website and our services immediately.

 

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