DEED OF ASSUMPTION OF RISK In consideration of and as a condition of Sunshine Coast Diving Centre Pty Ltd ACN 010 180 220 – trading as “Scuba World” (hereafter “the business”) agreeing to allow me to participate or enroll in any one or more of the following: (a) Scuba diving (b) Snorkeling (c) Instruction in scuba diving or snorkeling (d) use of any material plant or equipment; and (e) any activity incidental to the above activities conducted, supplied or serviced by the instructor, the business and / SSI (hereafter referred to as “the Aquatic Activities”) Hereby covenant acknowledge and agree that so far as permitted by the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1989 (QLD): 1. I unconditionally waive and relinquish all claims for liability and release and discharge the instructor, the business and/or SSI, from all liabilities, claims and causes of action that may arise for: (1) Personal Injury (2) Property Damage (3) Economic Loss or (4) Wrongful Death. Wherever and however such may occur whether the same shall arise by (5) Negligence (6) Breach of Contract (7) Breach of any statute, code of practice or standard (8) Delay or cancellation. Or otherwise (hereafter “the liabilities”) as a result of my participation in the Aquatic Activities. 2. I agree to indemnify and hold harmless the instructor, the business and/or SSI from the Liabilities in respect of any action brought against them as a result of my participation in the Aquatic Activities. 3. I affirm that I am not subject to any further medical conditions other than those noted in attached medical declaration for resort diving form. 4. I acknowledge that: a. My participation in the Aquatic Activities is a potentially hazardous activity which may result in serious injury, property damage, economic loss or death and I am prepared to assume such risks. b. I have been fully advised of the potential dangers and hazards associated with my participation in the Aquatic Activities; and c. I have read and understood this Deed and I intend it to have legal effect to exempt and relieve the instructor, the business and/or SSI from the Liabilities and have signed it voluntarily and without any inducement by SSI and /or the Business. d. You reserve your rights to deny your service at any time I demonstrate unsafe practices to yourself or to my fellow divers during any dive. Interpretation A Reference to a party to this Deed included the Party’s successors, assigns, agents, servants and employees. Executed as a Deed on April 25, 2024. |