4 DAY & 3 NIGHT FREEDIVING TRIP
LIABILITY RELEASE AND ASSUMPTION OF RISK
I, PARTICIPANT, HEREBY DECLARE THAT I UNDERSTAND THAT FREEDIVING IS AN INHERENTLY RISKY ACTIVITY THAT MAY RESULT IN SERIOUS BODILY INJURY OR DEATH. I KNOWINGLY AND FREELY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION IN FREEDIVING WITH INSTRUCTOR.
In consideration of INSTRUCTOR allowing me to participate in freediving activities in connection with PROSAIL QUEENSLAND PTY LTD. (“PROSAIL”), I hereby fully release and discharge from responsibility INSTRUCTOR and PROSAIL, and their respective officers, directors, agents, contractors and any other individuals connected to or acting on behalf of them (including, without limitation, volunteers and other participants)(collectively the “Released Parties”) from any and all liability, claims, losses or damages related to my participation in any freediving activity (whether such activity is in connection with PROSAIL or otherwise), including, without limitation, liability, claims, losses or damages resulting from the negligence of any party, including the Released Parties. I agree that if I, or anyone on my behalf, make any claim or demand against any Released Party in connection with my participation in any freediving activity, I will indemnify and hold harmless each such Released party from any loss, liability, damage or cost incurred as result of such claim or demand.
I declare that I am in good mental and proper physical condition to participate in freediving. I am not under the influence of alcohol or any drugs that are contraindicatory to freediving. I know of no reason why I cannot or should not freedive.
I am legally competent to sign this liability release. I understand the terms herein are contractual and not a mere recital, and that I have signed this document of my own free will and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Liability Release and Assumption of Risk is found to be unenforceable or invalid that provision shall be severed and the remainder of this document will then be construed as though the unenforceable provision was not contained herein.
Today's Date: September 22, 2023
STINGER SUIT WAIVER
Definitions: "Operator" in this Waiver means and refers to the company Prosail QLD Pty Ltd.
I do hereby acknowledge that:
- I have been advised of the risk for being stung by marine stingers.
- I have been advised to wear a Stinger suit (or full length wetsuit) for my own protection.
- It is in my own free will and desire, that I do not wish to wear a Stinger suit, and I, therefore, put myself at risk during the next three or four days. I do so at my own risk and I accept full responsibility for any injury.
- I am fully aware that should I be stung by a marine stinger, I am hereby releasing the crew and the operator of Prosail QLD Pty Ltd of any liability arising from any action taken in treating my injury. I am fully aware that there is no qualified medical staff on the vessel and it may take considerable time to organise either transport to a hospital or to organise a doctor to attend to my injury.
- Agree to indemnify and otherwise hold harmless, the operator, its directors, servants or agents from all and any courses of action, whether for damages, compensation or any other orders whatsoever, whether at common law, in equity, under statute or otherwise however and whatsoever, whether arising from the negligence and / or breach of contract on the part of the operator, its directors, officers, servants or agents.
Prosail QLD Pty Ltd hereby accepts the benefits clause (ii) above in all respects and hereby accepts the promises made by the participant therein.
Yes, I accept these Safety Terms
September 22, 2023
ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to participate in water sport events and activities and/or provided with water sport recreation property or services for myself, and my /our heirs, personal representative or assigns.
I acknowledge that some, but not all, of the risk of participating in the water sport activity include: (1) changing water flow, tides, currents, wave action, and ship’s wakes; (2) collision with any of the following: other participants, the watercraft, other watercraft and man-made or natural objects; (3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperatures ; (4) my sense of balance, physical coordination, ability to operate equipment, swim and/or follow direction; (5) collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices and/or drowning; (6) the presence of insects and marine life forms; (7) equipment failure or operator error: (8) heat or sun related injuries or illness, including sunburn, sun stroke or dehydration; (9) fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident.
I agree to assume responsibility for all risk of the activity, whether identified above or not, (even those risk arising out of negligence of Prosail QLD Pty Ltd). My/our participation in this activity is purely voluntary. I assume full responsibility for myself, for any bodily injury, illness, paralysis, death, loss of property and the expenses thereof as a result of any accident which may occur while I/we participate in the activity (even if caused, in whole or in part by the negligence of Prosail QLD Pty Ltd). I agree to wear Aust Standard personal floatation device (life jacket) if required while participating in the activity or riding any watercraft.
I hereby release Prosail QLD Pty Ltd, its principals, directors, officers, agents, employees and volunteers, their insurers and each and every land owner, municipal and /or governmental agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (Collectively releases) from any and all liability of any nature for any and all injury or damage (including death) to me or other persons as a result of my/our participation in the activity, even if caused by negligence, of any of the releasees named above or any other person (including myself).
I have read this assumption and acknowledgement of risk and release of liability agreement. I understand that by signing this document I am waiving valuable legal rights, including any and all I may have against the owner, the operator named above or their employees, agents, servants or assigns.
I authorise Prosail Qld Pty Ltd to supply my personal information to Medical Authorities and Police in the event of an unforeseen accident. I understand that the Skipper of the vessel will do his/her best to visit the major icons of the Whitsundays. The itinerary may change based on professional judgement, guest comfort and safety.
I understand that Prosail QLD Pty Ltd is not a common carrier and accepts no liability for loss, damage or injury to any passenger, personal effects or luggage.
I give Authority to Prosail QLD Pty Ltd to use any photographs taken by Crew for promotional material.
September 22, 2023