If answered yes to the above please note you will be asked to fill in a Introductory Diver Medical Declaration on the day of your dives or for Certified Divers you must fill in a Certified Diver Medical Declaration: https://ladymusgraveexperience.com.au/certified-diver-mandatory-waiver/ as well as completing this waiver.

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 overnight accommodation and day tours. 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 office staff or crew.

Snorkeling and Water Sports Medical Declaration and Waiver:

I understand that predisposing factors elevate risks for snorkelling, kayaking, water sports and scuba-diving.  I understand that some of the controls for 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, dive or take part in water sport activities and shall not participate in these activities under the influence of alcohol or any other drug regarded as a contradiction to safe water sport activities such as snorkeling/diving or kayaking.

I understand that I must bring it to the attention of bookings staff and vessel crew if I have a pre-existing medical condition.  

I understand that I must not partake in any water sport activities after the consumption of any alcoholic beverages onboard Lady Musgrave HQ Pontoon.

I understand that I will be prohibited to partake in any in-water activities past 5:30pm or sunset (whichever comes first) unless participating in a pre-booked guided activity such as night kayak tours or night scuba diving.

I understand that I must abide by crew/staff direction at all times, including removing myself from the water at any time staff deem there are risks to guest safety.

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.

10. I understand that Lady Musgrave HQ is a licensed vessel and as such I am prohibited from bringing alcohol onboard. 

11. I understand that crew may close the bar/kiosk at any time and may refuse the service of alcohol at any time where they deem a person to be intoxicated. 

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 digital 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 will. I understand that my consent and understanding of all the guidelines and waivers is assumed by selecting to submit this form. Submission is your digital signature.