This must be read and signed before you can attend any diving or Events
RELEASE AND WAIVER OF LIABILITY
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
WARNING: Scuba Diving is dangerous and accidents can and do happen. All care is taken to protect you but you are warned that there is a possibility of an accident causing injury, death or property damage.
Subject to that warranty, if applicable and IN CONSIDERATION of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any purpose any
(Defined as any area requiring special authorization, credentials, or permission to enter any area to which
EACH OF THE UNDERSIGNED, for himself/herself, his/her personal
Representatives, heirs and next of kin.
1. Acknowledges, agrees and represents that he/she enters and he/she further agrees and warrants that, if at any time, he/she is in or around any scuba area and he/she feels anything to be unsafe, he/she will immediately advise the Scuba club Officials of such and will leave the area and/or refuse to participate further in the EVENT(S).
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Wallaroo Scuba Association and Mark Tozer.
The landowners, promoters, participants, diving associations, sanctioning organizations or any subdivision thereof. Boat operators, officials, Divers, Committee, rescue personnel, any persons in any persons, promoters,
sponsors, advertisers, owners and lessees of premises used to conduct EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes as herein referred to as “Releases”, FROM ALL LIABILITY, TO THE UNDERSIGNRED, his/her personal ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OR RELATED TO SCUBA DIVING OR ANY EVENTS CONNECTED, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releases and each of them FROM ANY LOSS. LIABILITY, DAMAGE OR COST they may incur arising out of or related to SCUBA DIVING WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY
DAMAGE arising out of or related to the Scuba Diving or events connected whether caused by NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF SCUBA DIVING AND ANYTHING CONNECTED TO IT ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of the UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. Hereby assumes full responsibility for the preparation and safety of their Scuba Equipment to be used and further give an assurance that the Scuba Equipment has been checked for safety and is in a condition fit to be DIVED with.
7. Hereby agrees that this Release and Waiver of Liability, Assumption of risk and Indemnity Agreement extends to all acts of negligence by the Releases, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State/Territory in which the Scuba events is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I/we have read this agreement releasing and waiving liability and assuming risk and providing an indemnity for any injury whether causing death or otherwise and/or property damage and fully understand the terms and conditions hereof and sign this agreement voluntarily and without any inducement, assurance or guarantee whatsoever being made to me and unconditionally release and waive any liability other than any liability which by statute cannot be excluded and subject to any other legislation and in particular relevant provisions of the Act.
I am over 18 (eighteen) years.
Diver’s signature: ……………………………………………….. Date: ………………………………….
Diver’s signature: …………………………………………………. Date: ………………………………….
For persons under the age of 18 years the following parent/guardian consent must be completed.
THIRD PARTY INDEMNITY WHERE ENTRANT IS UNDER 18 YEARS OF AGE
I/We ……………………………………….…………………… being the parents or guardians of the person
Named in clause 1 (hereinafter called “the entrant”) HEREBY ACKNOWLEDGE
(a) That I/we have read the whole of this document and understand it.
(b) That I/we consent to the entrant participating in the race meeting: and
(c) That I/we are aware of the risks, dangers and obligations set out in clause 2 hereof:
IN CONSIDERATION of the entrant being accepted as an Scuba Diver activity I/we HEREBY
INDEMNIFY the Wallaroo Scuba and Mark Tozer in the same manner and to the same effect as if I/we were the entrant.
Signed……………………………………… Date………………………………………
Parent/Guardian (Delete whichever does not apply)