Sundive Byron Bay Snorkelling Liability Waiver
I confirm that I have sufficient English proficiency to read and understand all forms, waivers, and safety instructions, to follow dive briefings, and to communicate effectively with dive staff and vessel crew. I acknowledge that clear communication is essential for safety. The dive centre may refuse my participation if my English comprehension is considered inadequate.
Snorkelling at Julian Rocks is an open ocean experience; therefore, PREVIOUS SNORKELLING EXPERIENCE is required to participate in our trips.
Medical 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, kidney disease/conditions, asthma, diabetic conditions, any previous history of decompression sickness, fainting, passing out or loss of consciousness, panic, claustrophobia or, any medical condition that can result in any sort of reaction or in fainting, passing out or loss of consciousness such as but not limited to, allergies (medicated or not), high blood pressure, narcolepsy, vertigo, diabetic conditions, hypoglycemia, asthma or, someone taking medicine such as blood thinners or anticoagulants.
Sundive's trips are unsuitable for anyone suffering from or with a history of any of the above conditions or medications, unless a full recreational SPUMS (South Pacific Underwater Medical Society) dive medical, with no caveats or special requirements, is provided signed by a SPUMS registered medical doctor. Please note this is also a requirement for snorkelling and that no other diver medical will be accepted.
- 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,
hypoglycemia 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 or medication and asthma sufferers who require an inhaler or anyone who has any medical condition that requires a similar medical device. - Please note that if anyone checking in on the day announces they require any medications, supplements or medical device, such as an epi-pen, inhaler or any other medical device, we will be unable to take them on the trip or refund, reschedule or credit their booking.
- I affirm that I am a confident swimmer able to swim at least 200m unassisted and have previous snorkelling experience.
- 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 medical
before I am able to dive or snorkel. - I understand that for operational and safety reasons there is an upper weight limit of 118kg 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 200m without assistance 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 is a physically strenuous activity 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 the 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 given within the last 12 months
showing approval for snorkelling or scuba diving and strenuous activities or a valid dive medical, 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 am above 18 years of age, or if not, that I have a supervising parent or guardian who is 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.
Experienced Snorkellers & Freedivers
Freedivers and breath-hold divers are at significant risk of 'Hypoxic Blackout' which can lead to serious injury or death. Sundive's snorkelling trips are primarily for surface snorkelling. People who wish to undertake freediving, breath-hold diving or want to take a weight belt with them are required to be certified Freedivers and in a buddy pair with both holding a freediving certification from a recognised organisation and one acting as surface support at all times.
WEATHER, SWELL, CONDITIONS, SEA SICKNESS MEDICATION & NECESSARY EXPERIENCE
Nguthungulli Julian Rocks is located on the Eastern most tip of Australia and, as such, is exposed to open ocean with strong current, strong waves and large swells. This can make surface conditions choppy. Sea sickness medication is highly recommended as even on what appear to be flat days, the unseen residual swell can still be significant. If you do suffer from sea sickness it is recommended to stick to one trip per day as refunds or cancellations can't be made at the last minute for sickness. Snorkelling participants must be strong swimmers capable of swimming 200m unassisted and have previous experience in snorkelling. We do not offer any form of snorkel training.
THIS TRIP IS UNSUITABLE FOR PEOPLE WHO HAVEN'T SNORKELLED BEFORE. Please note that if you tick yes to having snorkelled before and then on the day you or anyone in your booking announces they have never snorkelled before, we will be unable to take you on the trip and, in addition, will be unable to refund, credit or reschedule your trip.
WEIGHT AND SIZING RESTRICTIONS
For operational and safety reasons, there is an upper weight limit of
118kg (fully clothed) 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
Boat and Snorkelling Assumption of Risk
- I understand and accept the risks involved when Snorkelling or Freediving; including
but not limited to: seasickness, drowning, panic, hypoxic blackout, hyperventilation,
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 accident, 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 emergency
medical facilities and I choose to proceed.
- 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.
Fitness level & Launch Safety
- I understand that diving and snorkelling are physically strenuous activities and that I will be physically exerting myself during this activity. If I am injured as a result of a heart attack, heart problem, lung conditions, liver disease, stroke, panic, hyperventilation, drowning 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 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 or snorkel.
Hygiene Policy
I understand
that Sundive uses a hospital-grade disinfectant to wash any equipment, 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
- I understand that 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.
- I understand that 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 slot I will forfeit any trip missed.
- I understand that on the day of snorkelling, 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 activity 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.
By
signing this waiver I agree to read and follow 'Sundive's Julian Rocks Snorkel Site Daily Snorkel Plan'
The Sundive 'Snorkel Plan and associated Hazard & Risk Assessment' can be downloaded for reading from the link below, on the Sundive website or they are available in the shop upon request:
Sundive's Julian Rocks Snorkel Site Daily Snorkel Plan and Hazard & Risk Assessment
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
Parent/Guardian must sign if under 18 years of age.