Indemnity Waiver Acknowledgement
By signature(s) (or clicked check box to approve) as set forth,
I acknowledge and confirm : Except to the extent that this waiver may be prohibited or restricted by the Trade Practices Act 1974 or other legislation that may exist from time to time in Australia, I hereby release Whales Underwater and Foto Frenzy, its employees and agents and any contracted service providers and licensors or licensees of it from all claims and actions that I/we have or may have at any time in the future against them or any of them, how so ever arising, for bodily injury or death, that I/ we may suffer as a result of my/our participation in any trip organised with, or in conjunction with Whales Underwater and Foto Frenzy.
I am aware that adventure travel/events, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which may include: physical exertion for which I may not be prepared, weather extremes subject to sudden and unexpected change, remoteness from normal medical services, evacuation difficulties if I am disabled.
I accept all the inherent risks of the proposed adventure tour and the possibility of bodily injury or death resulting there from. I acknowledge that the enjoyment and excitement of adventure travel/events is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.
I agree that if I suffer bodily injury or death Whales Underwater and Foto Frenzy can, at my cost, arrange medical treatment and emergency evacuation services, as Whales Underwater and Foto Frenzy deems essential for my safety. In entering into this Agreement, I am not relying on any oral, written or visual representatives or statements by Whales Underwater and FotoFrenzy or its staff or any other inducement or coercion to go on the adventure trip, hence, only of my own free will.
I confirm that I am over the age of 18 years and that I have read and also understand the terms and conditions of contract and this Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, governed in all respects by and interpreted in accordance with the law of the Commonwealth of AUSTRALIA. If I am under 18 years, my legal guardian or parent will accompany me and assume all responsibility for signing this on my behalf.