Certified Divers Waiver

To be vigilant with passenger safety and to comply with Government regulations and health organisation guidelines, we are requesting that you fill in the below details ASAP & prior to boarding. Please note that if your booking contains MORE THAN ONE PASSENGER OVER THE AGE OF 18, this form WILL BE REQUIRED TO BE FILLED IN BY EACH PERSON IN YOUR BOOKING. At the end of completing the form, you will be given the option to SUBMIT ANOTHER RESPONSE. There is NO PRINTING required and this form can be completed from any smartphone or computer & the responses are automatically sent back to our team.

Thank you for your patience and understanding. We look forward to having you on board for the best experience on the Great Barrier Reef.

To ensure everything runs smoothly on your day of travel with us please provide the following information requested below:
This is to be filled in at least 2 days prior to travel.

** Please note: If you have ANY medical conditions or are taking ANY medications you MUST have a current medical clearance to dive from a medical professional.

*** Divers for OUTER REEF DIVES must have a minimum of 20+ dives, be confident, competent and have previous dive experiences with free ascent and free descent drift dives.

I hereby declare that I am a certified diver, trained in safe diving practices, and affirm that I am aware that scuba diving has inherent risks which may result in serious injury or death.

I understand that diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. I further understand that the open water diving trips which are necessary for this experience may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. I still choose to proceed with such experience dive(s) in spite of the possible absence of a recompression chamber in proximity to the dive site.

I understand and agree that neither the dive professionals, Lady Musgrave Experience through which this experience is offered, PADI, SSI and all other training agencies, nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as "Released Parties" may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this experience or a as result of the negligence of any party, including the Released Parties, whether passive or active. In consideration of being allowed to participate in the experience dive(s), I hereby personally assume all risks of this experience, whether foreseen or unforeseen that may befall me while I am a participant in this experience.

I further release, exempt and hold harmless said experience and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrolment and participation in this experience, including both claims arising during the experience or after I complete the experience.

I also understand that scuba diving is a physically strenuous activity and that I will be exerting myself during this experience, 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 Released Parties responsible for the same.

I understand that past or present medical conditions may be contraindicative to my participation in this experience. I declare that I am in good mental and physical fitness for diving, and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contraindicatory to diving. If I am taking medication, I declare that I have seen a physician and have approval to dive while under the influence of the medication/drugs.

I will inspect all of my equipment prior to this experience and will notify the Released Parties if any of my equipment is not working properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired 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 is 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 to my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death or personal injury. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries' will be stopped from claiming otherwise because of my representations to the Released Parties.

I agree to exempt and release the dive professionals, Lady Musgrave Experience and PADI, SSI and all other training agencies as defined above from all liability or responsibility whatsoever for personal injury, property damage or wrongful death, however caused, including but not limited to the negligence of the
Released Parities, whether passive or active.

I have fully informed myself of the contents of this liability release and assumption of risk agreement by reading it before I signed it on behalf
of myself and my heirs.

At Lady Musgrave Experience the safety of our guests is paramount. Due to the nature of our business there are certain risks involved and the best way to manage these risks is to prevent them from happening in the first case. All of our crew are expertly trained and experienced.

On board our vessels it is imperative that you follow any and all instructions given by the crew. The following waiver is a legal document and must be signed by all persons intending on partaking in any Lady Musgrave Experience tour. It states risks involved, important rules, media consent and a medical declaration.

Please read carefully and if you have any questions feel free to ask our friendly crew.

Snorkeling Medical Declaration:

I understand that predisposing factors elevate risks for snorkelling and scuba-diving and some of the controls for some of the predisposing factors include but are not limited to: hydrations, physical fitness, and physical ailments.

I am aware snorkeling can be a strenuous physical activity and may increase the health and safety risks to me if I am suffering from:

• Any medical condition/s that may be made worse by physical exertion.
• Any medical condition/s that can result in the loss of consciousness.
• Asthma that can be brought on by cold water or salt water mist.

I understand that one shall be fit to snorkel or dive and shall not snorkel or dive whilst under the influence of alcohol or any other drug regarded as a contradiction to safe snorkeling/diving.

I understand that I must bring it to the crew's attention if I have a pre-existing medical condition.

Media Release:

I am aware that Lady Musgrave Experience may take footage (videos and photos) during the tour, for social media and promotional purposes. If I do not wish to feature in this footage I am aware to make myself known to the Lady Musgrave Experience crew prior to departure.

Assumption of risk and complete release of liability:

I understand that the purpose of signing this document is to exempt and release Lady Musgrave Experience, their owners, employees, 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.

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

2. I assert that I am physically fit to snorkel and ride on a boat and I will not hold the released parties responsible if I am injured as a result of any problems (medical, accidental, or otherwise) which occur while snorkeling, riding on the boat or otherwise participating in the trip.

3. I will listen to all safety briefs given and abide by these rules to comply with these safe practises as I acknowledge it is for my safety, fellow passengers and crew. I will abide by these instructions of which I am aware are under the national maritime law.

4. 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.

5. The participating boats have made no representation to me implied or otherwise that they or their crew can or will perform safe rescue 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.

6. 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 caused and I assume all risk in connection with snorkeling and boating activities, including but not limited to the maintenance of the equipment or organization of this activity.

7. I understand that there are inherent risks involved with snorkeling and boating, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I hereby assume such risks.

8. I understand the risks inherent with snorkeling and scuba-diving and that snorkeling and scuba-diving related injuries may require medical treatment. I expressly assume the risk of these injuries and any cost involved in recovery or treatment, none of which shall be the responsibility of Lady Musgrave Experience or its staff. I am aware that snorkeling and scuba-diving are physically demanding activities and I understand the consequences of over exerting myself.

9. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between released parties and the undersigned. There are no warranties expressed or implied, which extend beyond the description of the activity listed on this form. This is a complete release of liability and a legally binding contract.

Waiver:
I have read this agreement, am aware that it is a release of liability and a contract between myself and the released parties. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future. I understand that the terms herein are contractual, that the information given on this form is true and correct and that I have signed them of my own free act.