- I declare I am healthy, and have no medical conditions that I am aware of that reasonably may or should preclude me from engaging in marine-based physical activities.
- If I have any medical or physical conditions that may significantly impact on my ability to participate safely in this tour, I have approval from my doctor/GP/medical advisor to engage in these activities during the tour.
- My signature below indicates that I have adequately disclosed all relevant information pertaining to my medical or physical condition or medications that may impact on my ability to participate safely in this tour the tour organiser.
- My signature also confirms that I in no way am relying on tour organisers to judge how suitable this tour is for me to do, that this is solely my responsibility, and I acknowledge that they do not have the medical expertise to determine whether the tour is suitable for me given my physical and medical conditions communicated to them.
- I fully understand the risks associated with physical activity in natural settings such as snorkelling in the ocean and in a confined space onboard a vessel surrounded by other passengers and crew, and that participating in such activities can be dangerous. By signing below, I choose to accept these risks for myself and for all minors and other guest I am booking for, and take full responsibility for my choices in doing so.
- I declare that I am willing to follow all rules, terms & conditions as required of me by Ningaloo Whaleshark Swim associated with the delivery of their Humpback Whale and Whales Shark Tours, plus any and all additional tour activities organised by the company, its related entities, agents and employees.
- I exempt and release Ningaloo Whaleshark Swim and all of its staff, agents, owners, Directors and related parties from all responsibility for injury, loss of life, treatment provided, and / or loss of property or damage, however caused, to the fullest extent allowable by law.
- My signature below indicates I fully understand the above statements.
- My signature below indicates that if there is anything within any of the safety and activity briefings during my tour that I do not fully understand, I commit and take full responsibility for seeking explanation and clarification from the tour staff to ensure I do understand the contents of this briefly completely.
- [If diving during your tour] My signature below indicates I have correctly and accurately provided details relating to the number of logged dives I have to date, and the length of time since my last SCUBA dive, as well as fully disclosed all medical conditions that may preclude me from compressed air diving.
- If I have to cancel my tour due to any Covid19 Government implemented closures or restrictions, I agree that these are my options with my booking:
- Reschedule my tour to a later date, anytime between now and October 2023
- Or receive a gift voucher for 100% of what I paid for the tour,
- Or if I paid for my tour in full, receive an 80% cash refund of this amount (excluding credit card fees paid) within 14 days of cancelling, and a 20% discount voucher valid for my next booking with the company for all tours through to October 2023.
- I WAIVE, RELEASE AND DISCHARGE from any and all liability for death, disability, personal injury, property damage, property theft and all other risks, claims or actions of any kind (including breach of contract, acts of negligence to the fullest extent permitted by law) whatsoever and however occurring, together with any legal fees incurred as a result of any such claim whether it is valid or not, which I at any time had or have as a result of or in connection with, directly or indirectly, my volunteering in and my travelling to and from Ningaloo Whaleshark Swim’s operations, including the following person or entities:
Ningaloo Whaleshark Swim Pty Ltd
Ningaloo Reef Dreaming Pty Ltd
Department of Biodiversity Conservations and Attractions and its Director and Director General, Matthew Winter, and all crew and staff and volunteers of any of the above organisations and its agents, suppliers or customers, all community organisations, all State, Federal and Local Government authorities in which the Tours are run, and the owners, licensees or occupiers of any property upon which I enter and their (its) respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and participants, including medical and paramedical personnel.