Boat Travel and Snorkel / Free Diving Liability Release and Assumption of Risk Agreement

Please read carefully.

I hereby affirm that I thoroughly understand the hazards of whale watching, snorkelling and/or free diving including those hazards occurring during boat travel to and from the dive site (hereinafter collectively referred to as “Excursion”).

I understand that these inherent risks include, but are not limited to, drowning, slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, adverse sea and weather conditions, capsize, and other perils of the sea; all of which can result in serious injury or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip and/or snorkelling/ free diving, whether conducted as a recreational dive or part of a free diving class.

I understand that I have duty to exercise reasonable care for my own health and safety and I agree to do so.

I assert that I am physically fit to ride on a Rigid Inflatable Boat (RIB) (Please note that Wild Byron Sea Safari does not recommend RIB travel for expectant mothers, people in frail health, those with neck or spinal concerns, or small children, especially those under 7 years of age. Anyone under the age of 18 must be accompanied by a parent or legal guardian.

I understand and agree that neither the guide/supervisor/instructor; nor the crew or owner of the vessel; nor the vessel itself; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.

I affirm I am in good mental and physical fitness to snorkel/freedive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to swimming/diving. If I am taking medication, I affirm that I have seen a physician and have approval to snorkel/free dive while under the influence of the medication/drugs. I understand that snorkelling and free diving are physically strenuous activities and that I will be exerting myself during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Release Parties responsible for the same. I am aware that safe dive practices suggest diving with a buddy. Accordingly, it will be our responsibility to plan our dive allowing for our diving limitation and the prevailing water conditions and environment. I will not hold the Released parties responsible for my failure to safely plan my dive, dive my plan, maintain buddy contact and follow the instructions of the dive supervisor/vessel crew, including the dive and safety briefing.

I further state 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 the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if 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 have to sue the Release Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.if you have got this far enter code tc25 to receive an additional 2.5% discount when booking.

BY THIS INSTRUMENT, I AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED (passenger/diver) ENTITIES AND/OR INDIVIDUALS 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. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I TICKED IT ON BEHALF OF MYSELF AND MY HEIRS.

Participant Suitability & Responsibility

This experience takes place in a raw, natural environment where surfaces may be uneven, conditions may change, and hazards may not be controlled or clearly marked.

It is your responsibility to assess your own ability, fitness, awareness, and judgement before and during participation. By booking, you acknowledge that natural terrain and environmental factors (including uneven ground, obstacles, and changing conditions) are inherent to the experience and are not faults or hazards that can be eliminated.

If you are not comfortable accepting these conditions, exercising personal judgement, and taking full responsibility for your own safety and decisions, this experience is not suitable for you.