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BOATING, SNORKELLING & SCUBA DIVING LIABILITY RELEASE & ASSUMPTION OF RISK

BINDING AGREEMENT VALID TODAY AND ALL FUTURE DATES.

 I understand that the purpose of signing this document is to exempt and release North Stradbroke Island Operations Pty Ltd (NSIO), Scuba Schools International (SSI), Professional Association of Diving Instructors (PADI), its affiliate or subsidiary corporations, their owners, employees, contractors, agents, and associated personnel, and their boats (whether owned, operated, leased or chartered), hereinafter referred to as “released parties”, and to hold these entities harmless from any and all liabilities arising as a consequence of the following, or any other acts or omissions on their part, including but not limited to negligence of any type. This agreement is intended to be valid and binding today and on all future dates.

I UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELLING, SCUBA DIVING AND BOATING, including but not limited to heart attack, panic, hyperventilation, drowning, air expansion, decompression sickness, equipment failure, perils of the sea, harm caused by marine creatures (including bites), being cut or struck by a boat while in the water, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I hereby assume such risks. I declare that I am in good mental and physical fitness and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contradictory for undertaken activity. I will execute an updated medical if and when required.

I FULLY UNDERSTAND THAT THE INVOLVED BOAT HAS LIMITED MEDICAL FACILITIES and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. The participating dive store and/or boat have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, dive boats or passengers responsible for their actions in attempting the performance or rescue or first aid.

I WILL INSPECT ALL OF MY/RENTED EQUIPMENT PRIOR TO THE ACTIVITY. I will not hold the Released Parties responsible for my failure to inspect my/rented equipment prior to diving/snorkelling, including checking both the quality and quantity of air in any scuba tank(s).

I ALSO AGREE TO PAY ANY COSTS OF REPAIR OR REPLACEMENT if the rented equipment should be lost or returned damaged, including flooding the regulator due to the dust cap not been put in properly. For the purpose of payment, the renter gives us permission to charge the credit card used for the initial payment.

I recognise and acknowledge that North Stradbroke Island Operations Pty Ltd (NSIO) is neither a common carrier nor in the business of providing transportation services to the public. I further recognise and acknowledge that there are certain risks of physical injury to vehicle passengers, and I voluntarily agree to assume the full risk of any injuries, damages or loss, regardless of severity, that I may sustain as a result of participating in any and all activities connected with or associated with receiving transportation services, including, but not limited to, injuries, damages and loss arising out of negligent operation or supervision of the vehicle. I further agree to waive and relinquish all claims I may have (or accrue to me) against NSIO, including its respective officials, agents, volunteers and employees (hereinafter collectively referred to as “Party”). I agree to wear a seatbelt and to remain seated in the vehicle whenever the vehicle is under operation or when instructed to do so.

IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, whether specifically named or not, and it is also my intention to exempt and release all released parties and to hold these entities harmless from any and all liability for personal injury, property damage/loss or wrongful death or other damage to me or my family, heirs, caused by negligence or gross negligence and I assume all risk in connection with snorkelling, scuba diving and boating activities, including but not limited to the maintenance of the equipment or organisation of this activity. I give NSIO and its agents acting on behalf and/or for NSIO full permission to use images taken of me, I give full permission for NSIO to reproduce, alter, use and re-use any image, picture or reproduction for all media.

I HAVE CAREFULLY READ THIS CONTRACT IN ITS ENTIRETY, fully understand its contents, my participation in this activity is entirely at my own risk and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. I have read and understand the PARTICIPANT ACKNOWLEDGEMENT OBLIGATIONS and agree to adhere to safe diving practices and dive within the limits of my certification level. I further state that I am of lawful age and legally competent to sign this liability release, or that I have obtained the written consent of my parent or guardian.

I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO THIS TRIP AND ACTIVITY (IES), AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS INSTRUMENT, AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGES TODAY AND ON ALL FUTURE DATES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE/LOSS OR WRONGFUL DEATH CAUSED BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

March 30, 2024

 

PARTICIPANT ACKNOWLEDGEMENT OBLIGATIONS 


 Each person participating in this activity has obligations under the Workplace Health and Safety Queensland (WHSQ) legislation to assist the crew in making this a safe trip and to reduce the possibility of injury or accident. Your assistance is required in the following:

1. Listen carefully and understand the briefings, directions and respect the advice of those supervising the activities. 

2. Participate in head-count procedures by signing the log sheet immediately on return to the boat. Divers are also required to report accurate details of their maximum depth, bottom time, and remaining air-pressure.

3. Comply with WHS Queensland Recreational Diving Code of Practice. All certificated divers engaging in recreational diving must carry (by law) the below listed equipment items. Your signature on this page confirms that you possess these items or have hired them from us. 

  • High visibility signalling device (Safety Sausage) 
  • Regulator fitted with alternate air source and pressure gauge 
  • Mask with fitted snorkel on left side head strap or in BCD
  • BCD with low pressure inflator and audible signalling device (whistle) 
  • A Dive Computer (no sharing of computers is permitted during a dive) 
  • A wetsuit appropriate for the dive conditions

4. Make all dives no-decompression dives. Divers not using a computer are required to carry a bottom timer and depth gauge and be proficient in dive table usage, allowing a margin of safety. Divers using a computer are recommended to not dive within 10 minutes of your no-decompression limits unless conducting XR training or a pre-approved dive plan. If decompression limits are exceeded, upon surfacing the diver must remain out of the water for at least 6 hours prior to making another dive. 

5. Adhere to the buddy system throughout every dive/snorkel unless certified (Self-Reliant, solo) 

6. Mandatory Safety Stop after each dive for a minimum of 5 meters for 3 minutes.

7. Plan your dive and dive plan. Dive time and depth plans must not be exceeded. A maximum dive time of 50 minutes is from surface to surface and includes your safety stop on every dive.

8. Divers are to monitor air pressure and return to the boat with a min of 50-bar left in your tank.

9. Limit maximum depth to my level of training and experience. 

10. Be a SAFE Diver – Slowly Ascend From Every Dive.   

11. Please ask the Guide to explain the dive/snorkel plan if you do not understand it. Dive plans are best written on your dive slate and taken with you on the dive for reference. 

Date: March 30, 2024

Please select who will be participating...
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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Dive Qualification - For Divers & Free Divers

Agency
SSI
PADI
NAUI
BASC
Other

If other

Certification No
Certification/Experience Level
OW (18m)
ADV (30m)
RES
DM
INS
Try Scuba Diver (12m)
Scuba Diver - Dive under direct supervision of DIVE professional (12m)
Jnr. Open Water 10-11 years (12m) 12-14 years (18m) = Must dive with certified Parent / Guardian
Snorkeling
Certified Free diver
Dive Experience*
Diving with a Dive Computer? (No sharing)*
Yes, I am hiring one from Manta Lodge
Yes, I am bringing my own Dive Computer
I am not diving, I am snorkeling
Certified for deep-water 19-30m / 60-100ft?*
No
Yes
Have you dived in a current before?*
No
Yes

If you haven't been diving for a while and your dive skills aren't as good as they should be we strongly urge that you complete a Refresher Course before you go diving.

Last Dive?*

FLYING AFTER DIVING guidelines say that you should not go to altitude (fly) within 12 hours of completing a single dive or 18 hours when doing multiple dives (where possible wait 24 hours). 

Do you intend on flying within 24hrs from the last dive of this trip?*
No
Yes
Do you know how to swim?*
No
Yes
Do you require a floatation device for your snorkel trip?*
No
Yes
I am not snorkeling, I am diving
Have you snorkeled before?*
No
Yes
I am diving, not snorkeling
Are you pregnant or possibly pregnant?*
No
Yes
First Participant's Signature*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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 Date of Birth*
Parent or Guardian's Information

Dive Qualification - For Divers & Free Divers

Agency
SSI
PADI
NAUI
BASC
Other

If other

Certification No
Certification/Experience Level
OW (18m)
ADV (30m)
RES
DM
INS
Try Scuba Diver (12m)
Scuba Diver - Dive under direct supervision of DIVE professional (12m)
Jnr. Open Water 10-11 years (12m) 12-14 years (18m) = Must dive with certified Parent / Guardian
Snorkeling
Certified Free diver
Dive Experience*
Diving with a Dive Computer? (No sharing)*
Yes, I am hiring one from Manta Lodge
Yes, I am bringing my own Dive Computer
I am not diving, I am snorkeling
Certified for deep-water 19-30m / 60-100ft?*
No
Yes
Have you dived in a current before?*
No
Yes

If you haven't been diving for a while and your dive skills aren't as good as they should be we strongly urge that you complete a Refresher Course before you go diving.

Last Dive?*

FLYING AFTER DIVING guidelines say that you should not go to altitude (fly) within 12 hours of completing a single dive or 18 hours when doing multiple dives (where possible wait 24 hours). 

Do you intend on flying within 24hrs from the last dive of this trip?*
No
Yes
Do you know how to swim?*
No
Yes
Do you require a floatation device for your snorkel trip?*
No
Yes
I am not snorkeling, I am diving
Have you snorkeled before?*
No
Yes
I am diving, not snorkeling
Are you pregnant or possibly pregnant?*
No
Yes
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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