FADER CREW SOCIAL DIVES VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK

FADER CREW SOCIAL DIVES VOLUNTARY RELEASE, WAIVER, AND ASSUMPTION OF RISK

I understand that the purpose of signing this document is to exempt and release FADER Crew, their owners, employees, volunteers, agents, and associated personnel 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. I understand that this event is an unguided social dive and that I am responsible for my own capabilities, actions and safety.

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELLING including but not limited to heart attack, panic, hyperventilation, drowning, air expansion, personal or hire 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 EQUIPMENT PRIOR TO THE ACTIVITY. I will not hold the Released Parties responsible for my failure to inspect my own equipment or if I choose to snorkel with equipment that may not be functioning properly. I fully understand that the involved parties have limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and/or phone and treatment will be delayed until I can be transported to a proper medical facility. I agree to any costs associated with immediate emergency transport such as an ambulance or air ambulance (Aeromedical Operations NSW). I agree in advance to these conditions. The participating Released Parties have made no representation to be implied or otherwise that they or their crew/employees 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/employees/volunteers or other participants of the social dive responsible for their actions in attempting the performance or rescue or rendering 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, including but not limited to the maintenance of the equipment or organisation of this activity. 

I give FADER Crew agents acting on behalf and/or for FADER Crew full permission to use images taken of me. I give full permission for FADER Crew to reproduce, alter, use and re-use any image, picture or reproduction for all media.

I have carefully read this contract in its entirety, and 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 OBLIGATIONS and agree to adhere to safe snorkelling practices and will participate within the limits of my abilities. 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 SOCIAL DIVE 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.

MEDICAL DECLARATION

I declare that I am in good mental and physical fitness for snorkelling and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contradictory to snorkelling. 

If I am taking medication, I declare that I have seen a physician and have approval to snorkel while under the influence of the medication/drugs.

I understand that snorkelling is a strenuous activity and that I will be exerting myself during this activity and that if I am injured as a result of heart attack, panic, hyperventilation, etc., I assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. 

I understand that concealment of any medical or physical condition might put my life or health or the life or health of others at risk.

I have been advised that the activities may involve strenuous physical activity even in calm water and that older people are at an increased risk of death and injury due to a higher incidence of medical conditions made worse by physical exertion, such as heart disease and stroke. 

I understand my own water/snorkelling capabilities and take responsibility for my actions in and out of the water.

FADER Crew reserves the right in its absolute unfettered discretion, to refuse to allow me to participate in the activities or to cancel any activities at their discretion, at any time, in the interest of safety or other factors. 

I HAVE READ THE ABOVE STATEMENTS AND HAVE HAD ANY QUESTIONS ANSWERED TO MY SATISFACTION. I FURTHER STATE THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS DECLARATION, OR THAT I HAVE OBTAINED THE WRITTEN CONSENT OF MY PARENT OR GUARDIAN. BY TICKING THE CHECKBOX, I AGREE TO THE ABOVE TERMS.