1. I understand that freediving and scuba diving underwater may involve inherent risks, including but not limited to hypoxia, marine life injuries, barotrauma, shallow water blackout, drowning or hyperbaric accidents. Treatment of a freediving or scuba diving accident victim with these or other injuries may require immediate medical attention.
2. If I am freediving, I specifically understand that the risk of shallow water blackout is inherent to freediving activities, and that I still intend to participate in freediving. I agree that I will not freedive alone; I will always freedive with a qualified surface support freediver with me at all times.
3. If I am scuba diving, I specifically understand that the risk of decompression sickness is inherent to scuba diving activities, and that I still intend to participate in scuba diving. I agree that I will not scuba dive alone; I will always dive with a qualified scuba diver buddy with me at all times.
4. I understand that any diving activities are physically strenuous and that I will be exerting myself during this freediving or scuba diving activity, and I expressly assume the risk of any and all injuries, and I will not hold the Released Parties responsible if I am injured as a result of heart attack, panic, hypoxia, hyperventilation, oxygen toxicity, decompression illness, gas embolism, drowning or any other cause of injury or death not specifically stated herein.
5. I am aware of the prerequisite skill level and/or equivalent diving experience necessary to participate in this freediving or scuba activity, and I stipulate that I meet these requirements.
6. I understand and agree that neither Ozfish Unlimited Ltd nor, it's associated Dive Coordinator/s nor any of their respective officers, agents and employees (hereinafter referred to as "Released Parties") may be held liable or responsible in any way for any injury, death, or other damages to myself, my family, heirs or assigns that may occur as a result of my participation in this freediving training or as a result of the negligence of any party, including the Released Parties, whether passive or active.
7. I agree to hold harmless the Released Parties from any claim or lawsuit by myself, my family, estate, heirs or assigns, arising out of my participation in this freedive training, including any and all claims arising during my practicing and any arising during or after I complete the freedive activity or Scuba Activity.
8. In consideration of being allowed to participate in this freediving or scuba activity, I hereby personally assume all risks in connection with it, for any harm, injury, or damage that may befall me while I am participating in this freediving or Scuba actvity, including all risks connected therewith, whether foreseen or unforeseen.
9. I understand that I am responsible for supplying my freediving or scuba equipment in proper operating condition, regardless of where I obtained it or from whom.
10. I understand that all the terms herein are contractual, they are not a mere recital, and my signing this document is done of my own free act and in so doing, I waive my legal rights to sue.
11. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE COMPLETING IT ON BEHALF OF MYSELF AND MY HEIRS.
12. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired 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 the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
13. BY SUBMITTING THIS FORM I AGREE TO EXEMPT and RELEASE MY GUIDE(S)/DIVEMASTER(S), TEAM LEADER(S) AND THE ORGANISATION THROUGH WHICH I PARTICIPATE IN THIS PROGRAM, OZFISH SEEDS FOR SNAPPER, AND OZFISH UNLIMITED LTD., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT AND LIABILITY RELEASE AND I ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.
