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Liability Waiver: Recreational Travel and Dive Operations

Release of Liability, Assumption of Risk and Non-agency Acknowledgement Form

Non-Agency Disclosure and Acknowledgement Agreement

I understand and agree that PADI Members (“Members”), including Beneath the Bay Co Pty Ltd and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”).

I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff.

I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of Beneath the Bay Co Pty Ltd and/or the Instructors and Divemasters associated with the activity.

 Liability Release and Assumption of Risk Agreement

1. Voluntary Participation & Certification

I, (the undersigned), hereby affirm that I am voluntarily engaging in recreational activities planned for my trip, which may include but are not limited to scuba diving, snorkeling, boating, skin diving, freediving, swimming, and mermaid activities (including Discover Mermaid programmes, courses, or experiences) (collectively referred to as the “Excursion”). If I engage in scuba diving, I affirm that I am either:

  • A certified scuba diver trained in safe dive practices, or
  • A student diver under the control and supervision of a certified scuba instructor

2. Assumption of Risk

I understand that the Excursion involves inherent risks, including but not limited to:

  • Drowning, panic, hyperventilation, heart attack
  • Decompression sickness, embolism, air expansion injuries
  • Oxygen toxicity or improper gas mixtures (if using Enriched Air or other blends)
  • Slipping or falling on board, injuries while entering/exiting the boat
  • Being cut or struck by a boat while in the water
  • Perils of the sea and remote access to emergency medical facilities

I certify that I am fully aware of and expressly assume all risks associated with the Excursion, including those arising from negligence (passive or active) of any party.

3. Participant Responsibilities

I affirm that I:

  • Am in good mental and physical condition to participate in the Excursion
  • Will not participate under the influence of alcohol or any contraindicated drugs
  • If taking medication, have received physician approval to engage in the Excursion
  • Will inspect all equipment prior to departure and will not participate with malfunctioning gear
  • Understand that swimming, snorkeling, skin diving, scuba diving, and mermaid activities are physically strenuous and may result in injury from heart attack, panic, hyperventilation, drowning, or other causes, and I expressly assume all such risk

I further affirm that I:

  • Do not have a current cold, congestion, or ear infection
  • Do not have a history of seizures, fainting, dizziness, cardiovascular disease, angina, heart attack, emphysema, tuberculosis, or other respiratory conditions
  • Am not currently taking medication that impairs physical or mental ability

I acknowledge that:

  • Safe dive practices recommend diving with a buddy unless trained as a self-reliant diver
  • I am responsible for planning my dive according to my experience, environmental conditions, and briefing instructions
  • I will attend and understand all boat briefings, and ask questions if unclear
  • I will plan no-decompression dives, allow for safety stops, and surface with reserve gas
  • If distressed on the surface, I will drop weights and inflate my BCD to establish buoyancy
  • A refresher or guided orientation dive is recommended after inactivity; if I decline, I accept the risks
  • If diving with a Guide, I will remain in proximity or accept risks of independent diving

4. Rescue & First Aid Disclaimer

I acknowledge that the Released Parties have made no representation, implied or otherwise, that they or their crew can or will perform effective rescues or render first aid. If I show signs of distress or call for aid, I request assistance but will not hold the Released Parties liable for any actions taken in response.

5. Waiver & Release of Liability

I understand and agree that neither Beneath the Bay Co Pty Ltd; nor PADI Americas, Inc.; nor PADI EMEA Ltd.; nor PADI Worldwide Corp.; nor Starfish Aquatics Institute, Inc.; nor any affiliate or subsidiary corporations; nor any dive professionals; nor the crew or owner of the vessel; nor the vessel itself; nor the facility through which this programme is conducted (including PADI Swim Schools, PADI Dive Centres, or PADI Dive Resorts); nor any of their respective employees, officers, agents, contractors or assigns (collectively referred to as “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death, or other damages to me, my child, my family, estate, heirs or assigns that may occur during the Excursion or as a result of the negligence of any party, including the Released Parties.

I, (the undersigned), by this instrument, agree to exempt and release all the above listed entities and/or individuals, whether specifically named or not, from all liability and responsibility for personal injury, property damage or wrongful death, however caused, including, but not limited to, product liability or the negligence of the released parties, whether passive or active.

6. Legal Competence & Binding Effect

I affirm that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with full knowledge of its legal effect.

I understand and agree that:

  • I am waiving my legal rights to sue the Released Parties
  • My heirs, assigns, and beneficiaries are also bound by this waiver
  • I have the authority to make these representations, and they are binding
  • My minor child’s rights are also waived, and I affirm I have the authority to do so

7. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed. The remainder of the Agreement shall be construed as though the unenforceable provision had never been included.

8. Duration of Agreement

This Agreement shall remain in effect for all Excursions I participate in for one (1) year from the date of signing.

9. Acknowledgment

I have fully informed myself and my heirs of the contents of this non-agency disclosure, liability release, and assumption of risk agreement by reading it before signing below on behalf of myself and my heirs.

Today's Date: December 6, 2025

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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