To be completed on registration or annual re-registration.
I understand that the purpose of signing this document is to exempt and release the Kimberley Freediving Club Inc, their respective members, nor their respective officers, agents and employees (hereinafter referred to as "Released Parties"), and to hold them 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.
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELLING, POOL TRAINING AND BOATING, included but not limited to heart attack, panic, hyperventilation, drowning, air expansion, 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 beach and I hereby assume such risks.
I WILL INSPECT ALL OF MY OWN AND RENTED EQUIPMENT PRIOR TO THE ACTIVITY. I will not hold the Released Parties responsible for my failure to inspect my own and rented equipment or if I choose to dive with equipment that may not be functioning properly.
I fully understand that the involved boat has no 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 Released Parties have made no representation to me implied or otherwise that they 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 responsible for their actions in attempting the performance or rescue or first aid.
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 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, pool training and boating activities, including but not limited to the maintenance of the equipment or organisation of this activity.
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 agree to adhere to safe diving practices and dive within the limits.
I hereby affirm that I have been thoroughly informed of the risk involved with any freediving / breath-hold activity.
I understand that freediving / breath-holding underwater may involve inherent risks including but not limited to hypoxia, marine life injuries, barotraumas, shallow water blackout, drowning or hyperbaric accidents. Treatment of freediving / breath-hold diving accident victim with these or other injuries may require immediate medical attention and /or hyperbaric oxygen therapy.
I specifically understand that the risk of shallow water blackout is inherent of freediving /breath-holding activities, and that I still intend to participate in freediving / breath-hold diving. I agree that I will not freedive / breath-hold alone; I will always freedive with a suitably trained and experienced freediving buddy at all times.
I agree to abide by the Kimberley Freediving Club Safety Protocol.
I agree to hold harmless the Released Parties from any claim or lawsuit by myself, my family, estate, heirs or assigns, arising during, or after I complete the freediving/ breath-holding course, training or event.
I consent to the capture and secure storage of these details, including access by the senior members who run club training sessions.
I consent to my contact details and membership status details being forwarded to the Australian Freediving Association, so that if applicable, I can be provided membership to that organisation.
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 FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
