I hereby affirm that I am aware of the inherent hazards and obvious and significant risks associated with skin diving, snorkelling and scuba diving.
These risks include, but are not limited to:
- – drowning
- – harm from marine life
- – decompression sickness and/or pulmonary embolism from ascending to the surface too quickly
- – misuse and failure of the diving equipment; and
- – acts, omissions, or the negligence of myself and others, including other divers.
I understand that realising these risks may result in physical and mental injury to or death of myself or others.
I understand that diving with compressed air involves risks, including that which are listed above, that may require treatment in a recompression chamber. I further understand that diving may be conducted at sites that are remote from such a recompression chamber. I still choose to proceed with such activity in spite of the possible absence of a recompression chamber in proximity to the dive site.
I also understand that skin diving, snorkelling and scuba diving are physically and mentally strenuous activities and that I will be exerting myself during diving activities, and that if I suffer any physical or psychological injuries as a result of a heart attack, panic attack, hyperventilation etc., I will not hold the The Great Escape Charter Company Pty Ltd (including owners, management, representatives, agents, and employees) (hereinafter referred to as the “Released Parties”) responsible for the same.
I understand and agree that I will be participating in the diving activities at my own risk. In consideration of being allowed to participate in diving activities, I hereby personally, expressly, and voluntarily assume responsibility for all risks arising out of or in connection with diving activities, including that which are listed above, and for any harm arising out of or in connection with my participation in diving activities whether foreseen or unforeseen.
I understand and agree that the Released Parties will not be held liable or responsible in any way to the furthest extent permitted by law for any injury to, or death of myself or any third parties that may arise out of or in connection with (without limitation):
- – my participation in diving activities
- – my use and misuse of the diving equipment
- – acts, omissions, or negligence of myself or others, including other divers and
- – failure to follow proper instructions from any of the Released Parties
- – save to the extent that the injury or death was the result of gross negligence or reckless conduct by the Released Parties.
The Released Parties will not be responsible in any way whatsoever for the safety and suitability of any personal diving equipment that I may choose to use during a dive activity. I also agree that I will not participate in any diving activities in the event that I have consumed, whether orally or otherwise, medication, drugs (legal or illicit), alcohol, or any other substance that has or may impair my ability to function.
I fully release and indemnify the Released Parties from any claim in the event that I have taken part in diving activities contrary to this agreement. I further save and hold harmless the Released Parties from any claim or lawsuit by me, my family, estate or heirs or assigns, arising out of or in connection with any injury or death from my participation in diving activities.
I understand that the terms herein are binding and not mere recitals, and that I have signed this document of my own free will.
It is therefore my intention by this instrument to exempt and release the released parties from all liability and responsibility whatsoever for personal injury or wronful death however caused to any person to the furtherst extent permitted by law.
