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QUEENSLAND SEA SAFARIS PTY LTD Trading as ADVENTURE RAFTING


SNORKELLING TOUR – PARTICIPANT ACKNOWLEDGEMENT, ASSUMPTION OF RISK AND SAFETY AGREEMENT

Please read this document carefully before participating in any snorkelling tour operated by Queensland Sea Safaris Pty Ltd trading as Adventure Rafting.


In this agreement, “the Operator” means Queensland Sea Safaris Pty Ltd trading as Adventure Rafting, including its employees and crew acting in the course of their duties, where applicable.

By signing this agreement, I acknowledge that I have been informed of the nature of the activity, understand the risks involved and agree to comply with all safety instructions given by the vessel's skipper and crew.


1. Acknowledgement of Inherent Risks

I understand that snorkelling and participating in marine and ocean-based activities involve inherent and sometimes unpredictable risks. These risks may result in personal injury, illness, property damage or death.

I understand that these risks cannot all be eliminated, even when reasonable safety precautions are taken and appropriate equipment is provided.

Risks associated with the activity include, but are not limited to:

  • Ocean and sea conditions: waves, swell, currents, tidal movements, wind, changing weather, poor visibility and unexpected changes in sea conditions.
  • Swimming and snorkelling: difficulty swimming, fatigue, panic, disorientation, water inhalation, choking, drowning, cramps and difficulty returning to the vessel.
  • Marine environment: contact with coral, rocks, marine organisms, jellyfish, stinging marine life, fish, turtles and other wildlife, which may cause injury, allergic reactions or illness.
  • Physical injury: slipping, falling, tripping, cuts, bruises, sprains or other injuries while boarding, disembarking, moving around the vessel, using ladders or entering and exiting the water.
  • Vessel operations: vessel movement, rolling, pitching, sudden movement, collisions, mechanical failure, equipment failure and other incidents associated with operating a vessel at sea.
  • Environmental exposure: sunburn, dehydration, seasickness, heat exhaustion, heatstroke, fatigue, cold exposure and other effects of prolonged exposure to the marine environment.
  • Remote location and emergencies: delays in communication, rescue, evacuation or access to medical assistance while offshore.
  • Other participants: injuries or incidents arising from the actions, movements or behaviour of other passengers.

I understand that these risks may occur despite reasonable care being taken by Queensland Sea Safaris Pty Ltd trading as Adventure Rafting and its skipper and crew.

I acknowledge that wildlife sightings and interactions are unpredictable and are not guaranteed. Marine animals are wild and their behaviour cannot be controlled.


2. Assumption of Risk

I voluntarily choose to participate in the snorkelling tour and acknowledge that I do so with an understanding of the risks described in this agreement.

I accept responsibility for my own actions, decisions and conduct during the activity, including complying with safety instructions and informing the crew if I feel unwell, tired, frightened or unable to continue.

I understand that participation is voluntary and that I may decline to enter the water or stop snorkelling at any time. I must notify the crew and follow their directions to return to a safe location.

Nothing in this agreement excludes, restricts or modifies any rights or guarantees that cannot lawfully be excluded under applicable Australian law.


3. Swimming Ability, Fitness and Medical Conditions

I confirm that I/we am at least 10 years of age and can swim a minimum distance of 200 metres unaided, without the assistance of another person or a flotation device.

I confirm that I have honestly disclosed any relevant medical condition, injury, disability, medication or other circumstance that may affect my ability to participate safely.

I understand that snorkelling may require physical exertion and that I must be able to manage the activity within my own capabilities.

I agree to inform Queensland Sea Safaris Pty Ltd trading as Adventure Rafting before participating if I have any concerns about my swimming ability, fitness or medical suitability.

I understand that relevant conditions may include, but are not limited to, heart or respiratory conditions, asthma, seizures, fainting, significant allergies, mobility limitations or other conditions that could affect my safety in the water.

I understand that Queensland Sea Safaris Pty trading as Adventure Rafting may assess my suitability to participate and may refuse or discontinue my participation where reasonably necessary for safety.

I acknowledge that I must not participate if I am impaired by alcohol, illicit drugs or medication in a way that may affect my ability to participate safely.


4. Safety Instructions and Equipment

I agree to:

  • Follow all instructions given by the skipper and crew before boarding, during the vessel journey and throughout the snorkelling activity.
  • Attend and listen to all required safety briefings.
  • Use snorkelling equipment and any required safety equipment as instructed.
  • If advised to wear a personal flotation device or other prescribed safety equipment whenever required by the crew or applicable safety requirements.
  • Enter and exit the water only when authorised by the crew and in the designated manner.
  • Remain within the designated snorkelling area and comply with instructions regarding distance from the vessel, other participants and marine hazards.
  • Avoid touching, chasing, feeding or harassing marine wildlife and avoid damaging coral or other marine habitats.
  • Immediately notify the crew if I experience difficulty, become fatigued, lose equipment or observe an emergency.
  • Follow all directions to return to the vessel or leave the water when instructed.
  • If any equipment is returned in a damaged state or LOST, the same shall be replaced or repaired at Queensland Sea Safaris Pty Ltd trading as Adventure Rafting sole discretion.
  • Repairs or replacement is required & the amount charged shall be the replacement cost of the Unit at Retail Cost or repair cost.
  • It is understood that the Hirer is a competent snorkeller and that no claim whatsoever can be forthcoming from the use of the above equipment. 
  • All equipment is to be inspected by the Hirer prior to leaving Mooloolaba Wharf for correct function and serviceability. 
  • The equipment must be returned in the same condition at the commencement of hiring.

I understand that failure to follow these instructions may increase the risk of injury and may result in my participation being stopped for safety reasons. Please note that no refund will be issued for any Snorkelling or Swimming activities not completed.


5. Vessel Operations and Offshore Conditions

I understand that Queensland Sea Safaris Pty Ltd trading as Adventure Rafting operates in a marine environment where conditions can change quickly.

I acknowledge that the vessel may encounter waves, swell, wind, spray, vessel movement, mechanical problems or other circumstances that may affect the trip.

I understand that the skipper has responsibility for the safe operation of the vessel and may change the itinerary, location, duration or nature of the activity, delay departure, cancel the tour or require passengers to leave the water when reasonably necessary for safety.

I agree to comply with the skipper's directions at all times.

I understand that emergency assistance may not be immediately available offshore and that an emergency may require first aid, evacuation or transport to medical facilities.


6. Emergency Medical Assistance

In the event of an injury, illness or emergency, I authorise Queensland Sea Safaris Pty Ltd trading as Adventure Rafting and its crew to take reasonable steps to assist me, including providing first aid within their training and arranging emergency medical assistance or evacuation where considered necessary.

I understand that emergency services or medical professionals may need to be contacted and that relevant information about my condition may need to be disclosed to facilitate my care.

I understand that the crew may need to make decisions in an emergency based on the circumstances and information reasonably available at the time.

This clause does not waive any rights I may have under applicable law in relation to the provision of emergency assistance or medical care.


7. Alcohol, Drugs and Behaviour

I confirm that I am not under the influence of any alcohol or drugs in a way that may impair my judgement, coordination or ability to participate safely.

I agree not to participate in snorkelling while impaired and to follow any restrictions imposed by the skipper or crew regarding alcohol, drugs or other behaviour that may compromise safety.

I understand that unsafe, abusive or reckless behaviour may result in my participation being stopped.

I agree to behave responsibly and not to endanger myself, other passengers, the crew or marine wildlife.


8. Personal Property

I understand that personal belongings, including phones, cameras, sunglasses, jewellery and other items, may be lost, damaged or affected by seawater during the tour.

I am responsible for securing my belongings and following the crew's instructions regarding the storage and use of personal items.

Nothing in this section excludes liability that cannot lawfully be excluded.


9. Liability and Legal Rights

I acknowledge the risks associated with snorkelling and marine activities and agree to take reasonable care for my own safety.

To the extent permitted by law, I accept responsibility for loss or injury arising from risks inherent in the activity and from my own acts or omissions.

Nothing in this agreement is intended to exclude or limit any liability of Queensland Sea Safaris Pty Ltd trading as Adventure Rafting where such exclusion or limitation is prohibited by law, including any applicable rights or guarantees under the Australian Consumer Law.

This agreement does not release Queensland Sea Safaris Pty Ltd trading as Adventure Rafting from liability that cannot legally be excluded, nor does it remove any statutory obligations applying to the company, skipper or crew.


10. Children and Minors

Where I sign this agreement as the parent or legal guardian of a participant under 18 years of age, I confirm that I have authority to provide the information and consent required for that child to participate.

I confirm that the child's swimming ability, fitness and relevant medical information have been disclosed honestly.

I understand that children must comply with all safety instructions and any supervision requirements set by Queensland Sea Safaris Pty Ltd trading as Adventure Rafting and its crew.

I acknowledge that signing this agreement on behalf of a child does not necessarily waive or extinguish the child's own legal rights.


11. Photography and Video Consent

Queensland Sea Safaris Pty Ltd trading as Adventure Rafting may take photographs or videos during its tours for operational, promotional or marketing purposes. On behalf of myself and any of my children for which I am responsible I/we hereby agree that Queensland Sea Safaris Pty Ltd trading as Adventure Rafting may use such records for promotional and or commercial purposes without any remuneration to me. I hereby assign all rights, title and interest I/we may have in or to any and all media in which my name or like that might be used by Queensland Sea Safaris Pty Ltd trading as Adventure Rafting.


12. Declaration and Acknowledgement

By signing below, I confirm that:

  • I have read this document or had it explained to me in a language I understand.
  • I understand the nature of the snorkelling activity and the risks described in this agreement.
  • I have had the opportunity to ask questions before signing.
  • I have provided accurate information about my swimming ability, fitness and relevant medical conditions.
  • I agree to follow the skipper's and crew's safety instructions.
  • I understand that I may decline to enter the water or stop participating if I do not feel safe or well.
  • I understand that this agreement does not remove any rights or protections that cannot lawfully be excluded under Australian law.

Queensland Sea Safaris Pty Ltd trading as Adventure Rafting

Thank you for helping us keep everyone safe on the water. Please follow all skipper and crew instructions throughout your tour.

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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