NOTE: Sundive Byron Bay does not accept paper waivers, please submit electronically.

Sundive Byron Bay SCUBA Diving Liability Waiver

TERMS AND CONDITIONS:

Participant Obligations:

I agree to adhere to the buddy system and complete a mandatory safety stop of 3 minutes at a depth of 5 m. I understand that the maximum dive time is 50 minutes and that I must return to the surface with a minimum of 50 bar in my tank. I agree to dive within my qualification limits and, if the dive is guided, to stay with the guide.

I agree to participate and sign the log sheet with the required information and report accurately my max depth, bottom time and remaining air pressure.

I understand that it is mandatory to carry a dive computer or bottom timer and depth gauge (if not renting gear) and dive according to the dive tables and to stay within no-decompression limits.

I agree to actively listen to the dive/safety briefings and, ask a guide or supervisor if anything is unclear.

I agree to follow all directions of my guide and the skipper and understand that failing to do so may cause harm or injury to myself or others.

By signing this waiver I agree to read and follow 'Sundive's Julian Rocks Dive Site Daily Dive Plan' and/or 'Sundive's Swimming Pool Dive Plan' (if participating in a refresher or any confined pool activity).

Sundive Dive Plans and associated Hazard & Risk Assessments can be downloaded for reading from the links below or they are available on the Sundive website or in the Sundive shop upon request:

Sundive's Julian Rocks Dive Site Daily Dive Plan and associated Hazard & Risk Assessments

Sundive's Swimming Pool Dive Plan and associated Hazard & Risk Assessments

T&Cs Medical Statement and Release:

PLEASE REMEMBER THAT YOU ALONE ARE RESPONSIBLE FOR DETERMINING YOUR MEDICAL AND PHYSICAL FITNESS TO TAKE PART IN ANY ACTIVITIES. WE TAKE NO RESPONSIBILITY WITH RESPECT TO YOUR DETERMINATION.

Sundive's trips take place offshore at Nguthingulli Julian Rocks where there are no immediate medical facilities and the use of strenuous exercise may be required. Scuba diving, snorkelling and freediving can be strenuous physical activities, even in calm water, and may increase the health and safety risks for persons suffering from any medical or physical condition (medicated or not) that may be made worse by physical exertion, such as, but not limited to, pregnancy, neurological disorders/conditions/diseases, e.g. Parkinson's Disease, heart disease/conditions, blood diseases/conditions such as but not limited to any previous history of blood clots or any form of anaemia, lung disease/conditions and/or a previous history of pneumothorax or Immersion Pulmonary Oedema, liver disease/conditions or a previous history of drug use or Alcohol Use Disorder, kidney disease/conditions, asthma, diabetic conditions, any previous history decompression sickness or loss of consciousness, panic, claustrophobia or, any medical condition that can result in loss of consciousness such as but not limited to, allergies, high blood pressure, diabetic conditions or asthma or someone taking medicine such as blood thinners or anticoagulants.

• I affirm I am in good medical and physical fitness for SCUBA diving,
  snorkelling or freediving and have none of the medical conditions
  mentioned above and have no prior history of loss of consciousness, claustrophobia or any other issue, such as panic, that is contraindicative to scuba diving, snorkelling or free diving.
• I understand that due to the remoteness of the site, Sundive's trips are unsuitable for anyone with a history of epilepsy, seizures, blackouts or loss of consciousness, even with medical clearance. Sundive's trips are also unsuitable (even with medical clearance) for anyone with any medical condition that requires a medical device such as a pacemaker, insulin-dependent diabetics, allergy sufferers who require an epi-pen and asthma sufferers who require an inhaler or anyone who has any medical condition that requires a similar medical device.
• I am aware that the use of earplugs or any device that stops equalisation is not allowed.
• I understand that if I am taking medication for any medical condition, I must declare it and I will be required to undertake a diving medical before I am able to dive.
• I understand that for operational and safety reasons there is an upper weight limit of 118kg (fully clothed) for individuals to take part in any trip and I affirm that I am under that weight.
• I affirm that I am not now suffering nor have I ever suffered from any mental and/or physical disease, medical event, illness or disability which would render me unfit for scuba diving, snorkelling, freediving, or other water sports.
• I affirm that I am comfortable swimming in open water and I can swim and tread water without assistance.
  
• I further state I do not have a history of alcohol or drug abuse, that Sundive have a zero-tolerance policy for alcohol and that I must not be under the influence of any amount of alcohol or, drugs that are contraindicated to SCUBA diving, snorkelling or freediving when the trip takes place.
• I understand that snorkelling and diving are physically strenuous activities and that I will be exerting myself during this activity.
  
• I affirm that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause while SCUBA diving, snorkelling or freediving, I expressly assume the risk of said injuries and I will not hold any associate of Sundive or any Released Parties responsible.
  
• I affirm that I am under 65 years of age or, if over 65, that I have a
  current doctor's medical clearance letter performed within the last 12
  months showing approval for snorkelling or scuba diving and strenuous
  activities and I have sent this to Sundive to keep on file. I affirm that if I am
  over 70 years of age, I have a SPUMS diving medical or international
  equivalent performed within the last 12 months and that I have sent this to Sundive to keep on file.
• I affirm that I have dived within the last two years and if not that I have participated in a refresher or reactivate program before my dive.
• I affirm that I am a competent and confident diver, and I am not prone to panic underwater.
• I understand that I will be diving in a group and that my diving ability and confidence are at a level that won't negatively impact the group.
• I affirm that I have a minimum of PADI Open Water Certification or equivalent and if not, that I have booked a private guide to buddy with me.
• I affirm that I am above 18 years of age and if not that I have a SCUBA-certified supervising parent or guardian who is diving with me and will be my buddy.
• I understand that I am unable to participate in snorkelling or diving activities if I am at any stage of pregnancy.

I further affirm I am in good and appropriate medical and physical fitness for SCUBA diving, free-diving and snorkelling and that I have no medical contraindications for SCUBA diving, free-diving or snorkelling.

I understand that diving is a physically strenuous activity and that I will be physically exerting myself during this activity. If I am injured as a result of pre-existing or unknown medical conditions or events such as heart attack, heart problem, lung conditions, liver disease, stroke, panic, hyperventilation, drowning, injuries caused by marine plants and animals or any other cause; I expressly assume the risk of said injuries, and I will not hold any associate of Sundive and all other Released Parties
responsible.

I affirm that at the time of my trip, I will not be under the influence of any level of alcohol, drugs or any medications that are contraindicated to diving. I understand that I should not drink any alcohol before a diving or snorkelling trip and that I am aware of the time taken for alcohol to break down in the body. If taking medication for any condition, I affirm that I have seen a physician and have the approval to dive while under the influence of the medication.

Fitness level & Launch Safety

I understand that the boats launch directly through the surf which at times can be time sensitive with water and waves. I understand that I need to be able-bodied for the launch, be able to react quickly and, have the physical strength, ability and fitness to jump on the boat and, pull myself up the ladder after the dive. I understand I must be a strong swimmer with the ability to swim 200m unassisted and without any form of floatation device.

Weight & Size Restrictions

For operational and safety reasons, there is an upper weight limit of 118kg for individuals taking part in any trip. Our wetsuits are used as floatation devices, a safety requirement for our launch. Therefore, in addition to our weight limitation, we are also body size restricted by our range of commercial wetsuit sizes that range from XS to XL only. Please click on the link below to check on sizing and whether you will fit into one of our wetsuits. If your body will not fit into one of the wetsuits we stock, you must provide your own wetsuit. If, on the day, you do not fit into one of our wetsuits and are unable to provide your own, we will be unable to take you on the boat and also unable to reschedule, credit or refund the booking.

Sundive Wetsuit Sizing Chart

Required Experience, Competence and Confidence

Julian Rocks is an open ocean dive site that is frequented by all levels of divers; We are unable to predict a divers' competence or confidence by their qualifications or experience; this varies with every individual. However, please be aware that there can be strong swells, strong currents, strong surges, cold water and strong winds and it is a requirement that divers have the ability, fitness, confidence and competence to dive in such conditions. In the winter months, the temperature can drop as low as 17 degrees but averages around 20 degrees. If you are unsure about your ability to dive in the conditions above, you should book a private guide to look after you. Regular dives with Sundive are guided group dives, and as such, divers need to have the competence, ability and confidence at a level that won't negatively impact the group. We do try to group divers according to their experience but this is not always possible. If you or anyone in your booking are not a confident diver or there is any history of previous problems diving, please also book a private guide to give the attention needed. The minimum certification level is Open Water Diver, if you are below this certification level (eg PADI Scuba Diver) you will need to book a private guide. A refresher will be required if anyone in the booking hasn't dived within two years. If no diving in five years or more, then a PADI ReActivate course will be required.

I hereby confirm that I understand and that I possess with the required level of experience, competence and confidence to dive at Julian Rocks.

Boat, Transport and SCUBA Diving Assumption of Risk:

I understand that there are inherent dangers and risks in SCUBA diving that cannot be completely avoided or eliminated. I understand and accept the risks involved when SCUBA diving; including but are not limited to: drowning, hyperbaric injuries, or injuries caused by marine plants and animals.

I understand and accept the risks involved in vehicle transport, boat travel and beach launching; including but not limited to: car accidents, slipping or falling, being cut or struck by a vessel, injuries occurring while getting on or off the boat, and other perils of the sea.

I understand the excursion will be conducted at a site that is remote, either by time and/or distance, from a recompression chamber and emergency medical facilities and I choose to proceed.

If using my own dive equipment, I confirm that any equipment used will be appropriately serviced and maintained according to the manufacturer's safety requirements and assume any responsibility for any incident that may be caused by an equipment malfunction.

I agree to fully check any hired equipment and confirm working order before participating in a dive and to notify Sundive Staff of any problems.

As a certified diver, I acknowledge that I am responsible for my own safety and that I am aware of my safety training. I agree to follow the dive brief and any instructions given by the guides or skippers.

I agree to transportation and voluntarily agree to assume the risk associated and waive any claims I may have due to injury, damage or loss with any transportation services provided. I agree to wear a seatbelt when in any transport vehicle and to remain seated while the vehicle is in operation.

Hygiene Policy

I understand that Sundive uses a hospital-grade disinfectant to wash any SCUBA Equipment and Wetsuits I may be using. To maintain hygiene standards, avoid offensive smells and to be respectful to other divers I agree NOT to urinate in my wetsuit or a $50 cleaning fee will be charged.

Mask De-Fog

I understand and acknowledge that Sundive uses Johnson's baby shampoo diluted with water to act as mask de-fog on the boat. I agree not to use the supplied mask de-fog or supply my own if I have allergies to shampoo or any product contained in baby shampoo or any chemical sensitivities.

Personal Items

I hereby acknowledge, understand and accept that Sundive and its employees take no responsibility for personal items or dive gear that are brought onto our property or used during activities whether lost, stolen or damaged. With any activity, there is a risk of damage to personal gear from handling or normal use. Personal items are brought onto the property and stored or used at the owners' own risk. After your activity, please double-check that you have everything with you before leaving. Any items left behind will incur a $25 admin fee on top of postage and packaging for return if postage is needed. If personal items are not collected, they will be disposed of after three weeks.

Cancellation Policy

• For bookings over six people there is a 72-hour cancellation policy and for groups of 12 or more there is a seven day cancellation policy.
• I understand that 24 hours notice is needed to cancel or refund any booking made. Sundive is unable to reschedule or refund any bookings cancelled within 24 hours of departure.
• I understand that if I do not show up for my booked dive slot that I will forfeit any tour missed.
• I understand that on the day of diving, I cannot cancel any booked dives for any reason, including sickness and, that if I decide or I am unable to participate in any booked dive after my first that there will be no refund or rescheduling.

Liability Release

I agree that if any situation changes with regard to my above medical statement between the signing of this document and my arrival at Sundive Byron Bay, I will notify Sundive Byron Bay of this before departure.

I understand and accept that snorkelling and SCUBA diving involve certain inherent risks that cannot be completely eliminated. These include but are not limited to marine life injuries, drowning, slipping and falling on either a vessel or a beach entry point, car accidents, hazards from other watercraft or vessels operating in the area or barotrauma injuries such as ear or mask squeeze. I also understand that Nguthungulli Julian Rocks is a remote area which is isolated by time and distance from medical facilities and I still choose to proceed with my chosen activity.

I further state 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 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.

It is the intention of the undersigned, by this instrument, that I exempt and release all instructors, guides, staff, employees or any respective officers, agents or assigns of Sundive Byron Bay from any and all liability, however caused, for injury, death, property damage or other damages to me, my family, heirs or assigns that may occur as a result from my participation in any activity due to negligence of any party whether passive or active.

I agree to exempt and release Sundive Byron Bay and all associated business forms, all respective employees, directors, volunteers and dive guides from all liability and responsibility for personal injury, property damage or wrongful death, however, caused, including by not limited to, product liability or the negligence of the above parties, whether passive or active.

By signing this waiver I agree to read and follow 'Sundive's Daily Dive Plan'

I actively choose to proceed with my booked trip and personally assume all risks in connection with said activity for harm, injury or damage that may befall me whether foreseen or unforeseen.

I further agree to save, defend, indemnify and hold harmless said Released Parties from any claim or lawsuit by me, anyone purporting to act on my behalf, my family, estate, heirs or assigns arising from my participation in my chosen activity even if such claims are groundless, false or fraudulent.

I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free act. I have fully informed myself and understand the contents of this liability release and express assumption of any and all risk by reading it before signing it on behalf of myself and my heirs

By this instrument, I consent that my participation in this booked excursion is entirely at my own risk:

Sundive Byron Bay SCUBA diving Liability Waiver Acceptance:

Parent/Guardian must sign if the participant is under 18 years of age.