Statement of Understanding
- Warranty of Ability - I understand that each person who signs up for a dive trip with Sunshine Coast Diving Centre Pty Ltd (trading as Scuba World) warrants that he or she is physically and mentally capable of participating successfully in that activity. I further understand and agree that Sunshine Coast Diving Centre Pty Ltd (trading as Scuba World) will give no refunds for seasickness, inability to equalize, cold, fatigued or for any other reason that prevents an individual from participating fully.
- I further understand that any underwater guide service provided by Sunshine Coast Diving Centre Pty Ltd (trading as Scuba World) is done solely to enhance my enjoyment and not because such guidance is required to compensate for lack of ability on my part. If I do not believe that I have maintained at least the same level of ability as a newly certified diver, I understand that I should take part in a refresher course before participating in any dive trip with Scuba World.
- Minors - I understand that a parent or guardian must sign all minors' forms.
- Possible changes - I understand that the scheduled dive destinations are subject to weather and conditions, and Scuba World reserves the right to cancel dive trips or change destinations at any time. I further understand that some dive trips may be cancelled at any time due to lack of sufficient participation.
LIABILITY RELEASE FOR SUPERVISION OF CERTIFIED DIVERS
Scope of Activities:
This is a release of your rights to sue Sunshine Coast Diving Centre Pty Ltd ACN 010 180 220 trading as Scuba World (We/Us) and its employees, agents and assigns for personal injuries or wrongful death that may occur during the forthcoming dive activity as a result of the inherent risks associated with scuba diving or as a result of any negligence.
When you sign this liability waiver with us, you are entering into a contract that waives your rights with respect to the diving activities we provide in return for the right to participate in the diving activities we offer. Without this protection, we would be unable to obtain insurance to cover our employees and facilities and would therefore be unable to operate.
YOU must read this waiver and determine if it is in YOUR best interest to make the waivers outlined in the below document, in return for the right to participate in our offered diving activities. YOU also understand that you have made the following waivers of rights absolutely VOLUNTARILY and we encourage you to think about your actions or seek additional advice prior to signing this document.
IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT AND RELEASE SUNSHINE COAST DIVING CENTRE PTY LTD ACN 010 180 220 TRADING AS SCUBA WORLD AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGEAND WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASE PARTIES WHETHER PASSIVE OR ACTIVE, I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGED FROM THE ABOVE LISTED ENTITIES AN/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT. BY WAY OF MY SIGNATURE I EXPRESSLY ASSUME THE RISKS INVOLVED WITH DIVING.
Testament of Fitness:
I affirm that I am in good mental and physical fitness for diving. I am not under the influence of alcohol, nor am I under the influence of drugs which are contradictory to diving. If I am taking prescriptive medication (other than the contraceptive pill), I affirm that I have seen a diving physician and have approval to dive while under the influence of the medication/ drugs.
I acknowledge that I am physically fit to scuba dive, and I will not hold the above listed businesses nor individuals responsible if I am injured in any capacity while diving; including but not limited to those as a result of heart, lung, ear, skeletal or circulatory problems and other illnesses.
I also understand that scuba diving is a physically strenuous activity and that I will be exerting myself during this diving activity and that if I am injured as a result of a heart attack, panic, hyperventilation, aspirating water etc, that I expressly assume the risk of said injuries and that I will not hold the above listed businesses nor individuals responsible for the same.
I also understand that on this open water diving trip, I will be at a remote site and that there will not be immediate medical care or hyperbaric care available to me, and I expressly assume the risk of diving in such a remote spot.
I understand that certain physical conditions are absolute contraindications to scuba diving. I affirm that I am not subject to any of the following::
Heart Attack/Angina, High Blood Pressure, History of Seizures, Asthma/ Bronchitis, Pregnancy, Diabetes, Ear problems, Obesity, Stroke, Skeletal issues (including back problems)
My circulatory and respiratory systems are in good health and my body air spaces are normal. I will not hold the above listed businesses nor any individuals responsible for my failure to disclose these above issues.
I am aware of the risks inherent in this sport and accept these risks.
I am aware of the dangers of breath holding while scuba diving, and will not hold the above listed businesses nor any individuals responsible (such as employees, instructors, certified assistants, boat operators, or diver training agencies) if I am injured doing so.
I understand that even though I follow all the appropriate dive practices, there is still some risk of me sustaining decompression sickness, embolism, or other baro-trauma, and I expressly assume the risk of such injuries.
Evidence of Skill and awareness:
I am aware that I will be diving with a buddy, and it will be our responsibility to plan a dive allowing for our limitations and the prevailing water conditions. I will not hold the above listed businesses and individuals responsible for my failure to safely plan my dive.
I confirm that I will adhere to any dive briefings provided by you, unless expressly agreed upon prior to any dive.
I will inspect all of my equipment prior to the activity and will notify the above listed businesses and /or individuals if any of my equipment is not working properly. I will not hold the above listed businesses nor individuals responsible for my failure to inspect my equipment prior to diving.
I acknowledge that I am a certified diver trained in safe diving practices.
I understand that I am responsible for ensuring my own safety.
I confirm that I understand that the risks associated with diving are my responsibility, particularly with respect to understanding the equipment, ensuring that it works properly and using the equipment correctly during the dive.
I also expressly assume the risk and accept the responsibility to plan my dive in accordance with my dive plan.
WE HEREBY RESERVE OUR RIGHTS TO DENY OUR SERVICE AT ANY TIME YOU DEMONSTRATE UNSAFE PRACTICES TO YOURSELF OR YOUR FELLOW DIVERS DURING ANY DIVE.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS INFORMATION AND RELEASE BY READING IT OR INVESTIGATING FURTHER (IF NECESSARY) BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS. I UNDERSTAND THAT THIS DOCUMENT HAS BEEN SIGNED ELECTRONICALLY AND BECOMES BINDING ON MYSELF AND THE PARTIES NAMED HEREIN. I UNDERSTAND THAT THIS ELECTRONICALLY SIGNED WAIVER WILL BE REGARDED AS A TRUE AND ORIGINAL DOCUMENT. FURTHER, I HEREBY PROVIDE CONSENT FOR MY PERSONAL DATA TO BE COLLECTED BY Sunshine Coast Diving Centre Pty Ltd ACN 010 180 220 trading as Scuba World OR ANY AGENT ACTING ON THEIR BEHALF, FOR THE PURPOSES OF COMPLETING THIS WAIVER.
I Agree with the STATEMENT OF UNDERSTANDING and all items listed in the LIABILITY RELEASE FOR SUPERVISION OF CERTIFIED DIVERS.
Date: December 2, 2023