FOR SHORE AND BOAT SCUBA DIVES
I, the undersigned, acknowledge that scuba diving involves inherent risks and hazards, including but not limited to changing sea and weather conditions, currents, surge, waves, reduced visibility, marine life, boat operations, entry and exit points, and the general risks associated with scuba diving in the ocean.
I am fully aware that these risks may result in personal injury, loss, damage, serious injury, or death.
I confirm that I am in good health and have disclosed any relevant medical conditions, concerns, or recent changes in my health to the dive team before participating in the dive.
I confirm that I am a certified scuba diver, or a student diver participating under the control and supervision of a certified scuba instructor, where applicable.
I hereby indemnify and hold harmless the Two Oceans Aquarium Trust (“the Aquarium”), its trustees, employees, independent contractors, agents, representatives, dive professionals, boat crew, skipper, and any person acting on behalf of the Aquarium in connection with the dive, against any claim or claims by myself or by any other person, persons, or body whatsoever, for any injury, damage, loss, or death which may be sustained by me or any other person arising from my participation in the shore or boat scuba dive.
I further agree to follow all rules, regulations, safety briefings, and instructions provided by the Two Oceans Aquarium Dive School, dive professionals, boat crew, and skipper before, during, and after the dive.
I understand that all shore and boat dives are weather and condition dependent, and that the dive site, dive time, dive date, or dive plan may be changed, postponed, or cancelled by the Dive School, dive professional, boat crew, or skipper for safety reasons.
I understand and agree that PADI Members, including Two Oceans Aquarium Dive School and any PADI Instructors or Divemasters associated with the programme or dive activity, are licensed to conduct PADI training and activities but are not agents, employees, or franchisees of PADI Americas, Inc., or its parent, subsidiary, or affiliated corporations.
I further understand that Two Oceans Aquarium Dive School operates independently and that PADI does not own, operate, or control the day-to-day business activities, supervision, or dive operations of the Dive School or its associated staff.
I understand and agree that neither PADI nor its affiliated companies may be held liable for the actions, inactions, or negligence of Two Oceans Aquarium Dive School, its instructors, divemasters, staff, contractors, or representatives.
I understand that I am voluntarily participating in recreational scuba diving activities, which may include shore diving, boat diving, snorkelling, boating, and related ocean-based activities. I certify that I am fully aware of and expressly assume all risks involved in these activities.
I understand and agree that I am giving up certain legal rights by signing this agreement, including the right to bring a claim against the released parties for injury, loss, damage, or death arising from my participation, including where such loss may arise from negligence, whether passive or active.
I confirm that I am of lawful age and legally competent to sign this agreement, or that I have obtained the written consent of my parent or legal guardian where required.
I have read and understood this indemnity, non-agency disclosure, liability release, and assumption of risk agreement, and I voluntarily and willingly sign it to participate in the shore or boat scuba diving experience.
I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.