TERMS AND CONDITIONS

Introduction: The following terms and conditions set out the basis on which all training courses and travel bookings are sold and/or made by Mammoth Dive Academy, LLC, ("We", "Us", "Our", "The Company"), to and/or with the purchaser, ("You", "Your"), from Our websites ("the Site"), by Telephone or in person. These terms and conditions, and any order form or payment instructions comprise the whole agreement between You and Us in relation to each course or travel booking we accept from you. Making any purchase online, over the phone, or in store, implies you have reviewed and agree to the following terms: Course Bookings: 1. Mammoth Dive Academy will not be held liable for any unforeseen circumstances due to weather. This includes any alterations or cancellations of any classes, trips, events, or boat charters. 2.Anyone using rented equipment will be held liable and responsible for any damages that ensure while in their possession. 3.No student may take part in any diving class or activity without a correctly filled out and compliant medical statement, general liability/assumption of risk form, and e-learning certificate where applicable. 4. If Customers fail to meet the performance requirements on any dive or knowledge development session, Mammoth Dive Academy reserves the right to charge for additional sessions needed. 5.Classes are non-refundable and non-transferable. We offer a one-time transfer opportunity for scheduling challenges. After one transfer, fees may apply. 6.Any charges incurred during any course will result in suspension of training and the withholding of certification until paid in full. Mammoth Dive Academy reserves the right to charge outstanding fees to the customer credit/debit card. 7. All courses must be started within 12 months of Mammoth Dive Academy collecting course fees unless by prior agreement of Mammoth Dive Academy. Courses not commenced within 12 months of booking will lose any fees paid and are not refundable or transferable. 8.Candidates agree to abide by the rules and decisions of Mammoth Dive Academy, its staff and subcontractors in all diver-training matters. Course Learning agreement/induction: Mammoth Dive Academy training courses are meant to be fun. The student agrees to study independently as specified by the instructor. Any course requiring e-learning must be completed prior to the classroom review session. The student agrees to: Follow all course procedures as set forth by the instructor. Show up for all sessions on time and be prepared. In respect of non-entry level courses, the student will be expected to maintain his/her diving skills by diving frequently between training dives. The student may be expected to complete a review with Mammoth Dive Academy (As determined by Mammoth Dive Academy staff) should there be a period of 12 months or greater in which the student does not dive. This review may be chargeable. In scheduling and determining additional costs, Mammoth Dive Academy agrees to give every reasonable consideration, as determined by Mammoth Dive Academy, to unforeseen events, that lead to this situation. If the student completes all course work as assigned, adheres to Mammoth Dive Academy policies, arrives for class promptly and otherwise follows directions for learning given by the instructor, Mammoth Dive Academy accepts responsibility for learning challenges. Course objectives must be met, and all skills mastered to the satisfaction of Mammoth Dive Academy Staff before certification will be issued. Any student needing additional training sessions in order to demonstrate mastery of skills, additional fees may apply. The orientation will also cover the following aspects of training at Mammoth Dive Academy. The pool and/or open water locations. Including fire procedures and other general safety matters. Personal Health and Safety issues relating to diving will have previously been covered in the appropriate prerequisite training courses (where applicable). Qualified Divers will be responsible for evaluating their personal diving health & safety. Medical fitness to dive. Course prerequisites, and entry requirements. Use of equipment during the course and rental fees where applicable. Responsibility for equipment, and payment for lost or damaged equipment. Course content and fees, and the financial implications of your course, including additional charges that may arise and cancellation and rescheduling charges. Course Schedule, requirement for attendance and notification of non-attendance. Equipment Rental Policy: Neither Mammoth Dive Academy, Instructors, staff, Certifying Agency or the facility through which this equipment is provided accept any responsibility for any death, injury or other loss suffered or caused by you or resulting from your own conduct or any matter or condition under your control which amounts to your own contributory negligence, including failure to use the equipment in accordance with instructions, as a result of rental and/or use of the equipment. In the absence of any negligence or other breach of duty by the staff member(s), the facility through which this equipment is provided, the rental and/or use of the equipment is entirely at your own risk. Neither the staff member(s), the facility through which this equipment is provided accept any liability for latent defects in the equipment of which they could not be reasonable be aware. All rentals must be paid for in full prior to any equipment leaving the dive center. No refunds or credits will be available for non-use of equipment. Special arrangements may be made for dive center-sponsored events. All rentals require proof of diving certification and proof of dive within the previous 12 months. At the time of rental, the user will agree to leave a card on file for security deposit. MasterCard, VISA, Discover, and American Express will be accepted for security deposits. Failure to return any equipment in a clean, dry, working condition and on time may result in forfeiture of security deposit or additional fees. Travel Bookings: All rates are subject to change until the purchase price for the applicable accommodation, product or service is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges, fare increases, fuel or other surcharges, or other events beyond Mammoth Dive Academy's control. Mammoth Dive Academy may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of Guest(s) reservation. All DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. For any cancellations, the following cancellation policy applies to any payments that have been made excluding initial deposit: All cancellations must be made in writing via email. In the event Mammoth Dive Academy is able to fill a cancelled spot, a refund will be given minus 10% surcharge. Payments 14 days past due date will result in forfeiting of trip spot with no refunds. Diver insurance is REQUIRED. Trip insurance is HIGHLY RECOMMENDED for any unforeseen circumstances. Travel at your own risk. Mammoth Dive Academy will not be held liable for any fees or additional accommodations required if traveler contracts an illness related to any pandemic. Additionally, Mammoth Dive Academy will not be held liable for any trip interruptions or delays for any reason. Mammoth Dive Academy RESERVES THE RIGHT TO CANCEL ANY TRIP THAT DOES NOT MEET REQUIRED MINIMUM NUMBER OF TRAVELERS If a Travel Vendor (charter operator, resort, ect.) cancels: Mammoth Dive Academy will issue the following remedies if alternate arrangements cannot be made or customer cannot commit to alternate travel date selected (where applicable) 1. Extend current trip balance toward a different trip 2. Store credit 3. Full refund NJ Boat Dive Cancellation Policy 1. Cancellations need to be in writing (email) within 14 days of boat date selected 2. Cancellation may be refunded, credited toward another boat dive, or store credit 3. Any cancellation made less then 14 days prior to boat date selected will not be refunded or credited if the spot is unable to be filled. Gift Card Terms 1. The funds on the Gift Card do not expire. No fees apply. 2. Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. 3. We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card. 4. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it. 5. The Gift Card is issued by Mammoth Dive Academy, which reserves the right to change the terms of the Gift Card program or amend these Terms and Conditions at any time or to contract with a third party to administer this program. Any amendment to the Terms and Conditions will be effective when posted on www.divemammoth.com. 6. We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified. Work Order/Shop Services policy: 1. You will be notified once your work order is ready for pickup. 2.You understand that You are responsible for all labor and parts fees associated with these services. Any additional parts or labor required will be approved prior to service and will be your responsibility. 3. Mammoth Dive Academy will not be responsible for damage caused to equipment that shows signs of extensive corrosion. Replacement of broken or damaged parts will be the responsibility of the equipment owner. 4. All equipment must be checked before leaves the store to verify satisfactory service. 5. All equipment not picked up after 30 days will incur a storage fee of $25 per week. Any equipment not picked up after 6 months from the completion date will be considered abandoned and become property of Mammoth Dive Academy. 6. Additionally, Mammoth Dive Academy will not be held accountable for any unauthorized post-service tampering performed. Product Refund Policy: 30 days from original purchase date with proof of purchase for a full refund. After 30 days, store credit only. After 90 days, no refund or exchange will be issued. All refunds subject to a 10% restocking fee. Products must be in original packaging, unused, with no signs of use or wear. Mammoth Dive Academy will not accept any return or exchange on any customized piece of equipment.