Terms + Conditions
COMMUNICATION CONFIRMATION AND ACKNOWLEDGEMENT
We utilise electronic methods of communication such as email and SMS for all our dive course, trips, and travel adventures. Please ensure you always provide up to date information regarding your email and phone number to us, to ensure we can provide you with all vital information pertaining to your course, dive trip or dive travel which may include reminders, meeting times, course times and cancellations or reschedules.
In agreeing to our Terms and Conditions, you are acknowledging that you will supply OZDIVE with all up-to-date contact details, including phone number and email and that you will check your email inbox and phone and respond promptly if we have requested such.
You are also acknowledging that due to the very nature of our business, our instructors are often underwater or with a student, and therefore cannot always respond immediately. You understand that they will respond as promptly as possible.
CONDUCT WHILST ON OUR VESSEL
You agree and will always follow the direction of OZDIVE PTY LTD staff to ensure a safe and smooth operation. You will listen to all briefings and seek advice if you do not understand any part of the brief.
You are aware that the vessel used for diving is a ‘wet boat’ and smaller vessel. Any personal belongings that are brought onto the vessel are at your risk. You are aware that items such as cameras, mobile phones may get water damaged and should be left ashore.
To make a booking, full payment at the time of booking must be made
At the time of making a payment you agree to these terms and conditions, and you have until close of business the following day to cancel without penalty after reviewing these terms and conditions.
CUSTOMER CANCELLATION AND REBOOKING POLICY
Dive booking cancellations by you must be made via email to firstname.lastname@example.org to be considered as received (click here to contact us).
Failure to notify OZDIVE Pty Ltd of dive booking cancellations will forfeit all monies paid.
Up to 48 hours prior to the dive trip, you can cancel and receive a full refund or reschedule free of charge your dive booking
NO REFUND of any payment (100% penalty) is available for cancellations within 48 hours of your scheduled dive booking however we will provide you with a dive booking credit of the same value to your original booking which must be utilised within a 8 week period.
No expense or cost reimbursements are available as a result of a cancelled dive booking. OZDIVE Pty Ltd will not be responsible for paying costs or expenses you may incur because of change of time or cancellation of a dive trip.
Failure to turn up for your dive at the time stipulated by OZDIVE PTY LTD incurs a 100% cancellation fee. NO REFUNDS provided, NO DIVE BOOKING RESCHEDULE provided and, NO DIVE BOOKING CREDIT provided. All monies paid are forfeited because of failure to turn up for your dive at the time stipulated by OZDIVE PTY LTD.
SEASICKNESS AND EQUALIZATION
Some divers may find themselves exposed to seasickness and equalization issues. In the event you find yourself dealing with seasickness or being unable to equalize, our staff will do everything within their power to ensure you are comfortable and safe. However, sea sickness and equalisation issues are not within our control, and as such we will not refund for inability to equalize or being seasick and/or not completing any of your dives.
PAYMENTS & REFUNDS
Your credit card is charged at time of booking unless specified otherwise.
Any additional costs such as changes to your booking, damaged hire gear will be automatically charged to the credit card used for the initial booking.
Refunds are made to the credit card used for the booking, a nominated bank account or a credit note can be issued.
DIVER MEDICAL FORM
You hereby agree to fill out the Diver Medical Participant Questionnaire.
Recreational scuba diving and freediving requires good physical and mental health. There are a few medical conditions which can be hazardous while diving. Those who have, or are predisposed to, any of these conditions, should be evaluated by a physician. A Diver Medical Participant Questionnaire provides a basis to determine if you should seek out that evaluation. If you have any concerns about your diving fitness not represented on this form, consult with your physician before diving. If you are feeling ill, avoid diving. If you think you may have a contagious disease, protect yourself and others by not participating in dive training and/or dive activities. References to “diving” on this form encompass both recreational scuba diving and freediving. This form is principally designed as an initial medical screen for new divers but is also appropriate for divers taking continuing education. For your safety, and that of others who may dive with you, please answer all questions honestly.
You may be required to also complete a valid 4005.1 AS Dive Medical or obtain a doctor’s clearance prior to your dive if you answer “YES” to any of the following questions:
- You are taking medication
- You are suffering from an injury/illness that affects your ability to dive
These documents will be required if you have been prescribed a medication or have been diagnosed since your last dive medical.
DIVE EQUIPMENT TERMS AND CONDITIONS
You allow us to charge your credit card for any lost or damaged equipment.
Tanks being hired are to be checked to ensure they have a fill pressure of at least 200 Bar.
No refund will be issued for any dives not completed, including unused air.
You acknowledge that OZDIVE PTY LTD will not take any responsibility for any damages or loss incurred when washing your gear or unloading your gear from our vessel.
FLYING AFTER DIVING
You will not fly within 24 hours from surfacing after your last dive. You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure.
YOU HAVE NOT DIVED IN THE LAST 18 MONTHS
You will be required to complete either a Scuba Review/Refresher Course or a Reactivate Course before you can participate in any diving activities. We will be able to arrange these courses for you on most days at set times. Please contact us for more information.
Guides are provided. Group sizes are approximately 6-8 per guide.
It is highly recommended that all divers wear gloves to avoid any cuts and abrasions. Gloves are available for purchase in the shop
Our Skipper and the OZDIVE Pty Ltd Crew reserve the right to change the location of the dive site based off the sea and weather conditions without any notice
You must supply proof of your certification details
If you have booked a night dive, you must carry two white light torches. If you are booked on for a Fluoro Dive, your UV light does not count toward this requirement.
DIVE TRIPS & ITINERIES
You understand and hereby acknowledge that while OZDIVE Pty Ltd may nominate a dive site, they are in no way guaranteed. If we cannot go to the dive site due to dive or weather conditions, then the skipper will nominate the next best suitable spot. You are acknowledging your understanding that our dive site selection is confirmed on the day due to weather and dive conditions and as such, no refund provided if we dive an alternative dive sites to the dive site originally planned.
OZDIVE will provide Divemaster Services on all our dive trips. You are acknowledging that these dive trips are generally self-guided however a Divemaster will be present, and you understand that our Divemaster will not be present to provide any refresher course / service – they are present to assist in guiding purposes only. You are expected to be a certified, confident diver that is capable to dive and navigate independently with a buddy and follow a briefed dive plan. You are expected to read, understand and agree to the STANDARD SAFE DIVING PRACTICES – STATEMENT OF DIVER UNDERSTANDING which is below.
STANDARD SAFE DIVING PRACTICES – STATEMENT OF DIVER UNDERSTANDING
Please read carefully. Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).
This is a statement in which you are informed of the established safe diving practices for skin and scuba diving. These practices have been compiled for your review and acknowledgement and are intended to increase your comfort and safety in diving. Your signature on this statement is required as proof that you are aware of these safe diving practices. Read and discuss the statement prior to signing it. If you are a minor, this form must also be signed by a parent or guardian.
I, understand that as a diver I should:
Maintain good mental and physical fitness for diving. Avoid being under the influence of alcohol or dangerous drugs when diving. Keep proficient in diving skills, striving to increase them through continuing education and reviewing them in controlled conditions after a period of diving inactivity, and refer to my course materials to stay current and refresh myself on important information.
Be familiar with my dive sites. If not, obtain a formal diving orientation from a knowledgeable, local source. If diving conditions are worse than those in which I am experienced, postpone diving or select an alternate site with better conditions. Engage only in diving activities consistent with my training and experience. Do not engage in cave or technical diving unless specifically trained to do so.
Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Have a buoyancy control device, low-pressure buoyancy control inflation system, submersible pressure gauge and alternate air source and dive planning/monitoring device (dive computer, RDP/dive tables—whichever you are trained to use) when scuba diving. Deny use of my equipment to uncertified divers.
Listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Recognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.
Adhere to the buddy system throughout every dive. Plan dives – including communications, procedures for reuniting in case of separation and emergency procedures – with my buddy.
Be proficient in dive planning (dive computer or dive table use). Make all dives no decompression dives and allow a margin of safety. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of not more than 18 metres/60 feet per minute. Be a SAFE diver – Slowly Ascend From Every dive. Make a safety stop as an added precaution, usually at 5 metres/15 feet for three minutes or longer.
Maintain proper buoyancy. Adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal and establish buoyancy when in distress while diving. Carry at least one surface signalling device (such as signal tube, whistle, mirror).
Breathe properly for diving. Never breath-hold or skip-breathe when breathing compressed air and avoid excessive hyperventilation when breath-hold diving. Avoid overexertion while in and underwater and dive within my limitations.
Use a boat, float, or other surface support station, whenever feasible.
Know and obey local dive laws and regulations, including fish and game and dive flag laws.
I understand the importance and purposes of these established practices. I recognize they are for my own safety and well-being, and that failure to adhere to them can place me in jeopardy when diving.
(End of Agreement)
WAIVER – DIVING
You must complete an online waiver prior to your scheduled dive booking. Every participant in our activities must complete an online waiver. The content of the waiver is stated below. It is specifically agreed as a condition of purchase that you and all other participants agree to the provisions of the below agreement even without signature.
BOAT – EVENT – TRAVEL STATEMENT OF DIVER UNDERSTANDING
ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT
This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing. (Note: Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).
OZDIVE PTY LTD hosts Activities, including but not limited to snorkeling, freediving, breath-hold diving, scuba diving, technical diving, dive instruction, aquatic life interactions, land and underwater exploration, travel (in air, on land and over water), boating, fishing, lodging, food, beverages and all related activities (herein referred to as “Activities”). These Activities are inherently dangerous and may result in property loss, illness, injury, and death. In consideration of being allowed to participate in the Activities, I HEREBY AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS ASSUMPTION OF RISK, LIABILITY RELEASE & HOLD HARMLESS AGREEMENT (herein referred to as “Agreement”).
Agreement Parties: I, on behalf of MYSELF, MY FAMILY, HEIRS, ASSIGNS, REPRESENTATIVES & ALL WHO MAY HAVE A CLAIM ON MY BEHALF (hereafter referred to as “me”, “my”, “I” or “Participant”), voluntarily enter into this Agreement with the aforementioned host, including but not limited to their owners, officers, directors, sponsors, agents, insurers, employees, captains, crewmembers, dive professionals, volunteers, boats (whether owned, operated, leased, or chartered), and all other persons and businesses associated with the Activities, whether specifically named or not (hereafter referred to as “Released Parties”).
Participant’s Responsibilities & Assumption of Risks: I understand there are inherent risks of property loss, illness, injury, and death associated with the Activities. I will follow safe practices, maintain awareness and use good judgment set forth in the applicable SSI Responsible Code to reduce the risks, however I know the risk of property loss, illness, injury and death cannot be eliminated. I hereby agree to be solely responsible for my health, safety, and actions. If I choose to scuba dive, I hereby affirm that I am a certified and competent diver or a student under the supervision of a certified scuba instructor. I am solely responsible to verify the function and adequacy of the equipment I use prior to each dive and to monitor my gas supply throughout my dives. I will plan and conduct all dives within my training and ability and return to the dive boat with a minimum of 500psi cylinder pressure. In the event I choose to dive without a dive partner or continue my dive in the absence of a dive partner, I understand and accept the increased risks of solo diving. I understand the Activities will expose me to inherent dangers including but not limited to: panic, drowning, decompression illness, overexpansion injuries, pressure related injuries, breathing gas toxicities, equipment failure, dangerous acts of others, infections, illnesses, allergic reactions, communicable illnesses and diseases, marine life bites and stings, dangerous environmental conditions, and risks associated with boating Activities, including but not limited to transits, boarding, departing, lodging, transfers, entering and exiting the water, that expose me to inherent dangers including but not limited to unexpected movements, slipping, tripping, falling, dangerous environmental conditions, fire, equipment failure, capsize, sinking, grounding, abandonment, collision, dangerous acts of others, being hit by a boat, hazards of the sea. I UNDERSTAND THERE ARE RISKS OF PROPERTY LOSS, ILLNESS, INJURY AND DEATH EVEN WHEN ALL SAFETY MEASURES ARE IN PLACE AND UTILIZED. DESPITE THE RISK OF PROPERTY LOSS, ILLNESS, INJURY AND DEATH, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER CREATED OR NOT BY THE RELEASED PARTIES.
Participant’s Condition & Emergency Awareness: I will participate in the Activities within my certification level, experience, skill and abilities. My participation in the Activities is voluntary and if I do not feel well, willing, capable and competent to participate, or if I become aware of an unsafe condition, I will take appropriate action for my safety and/or refrain from participation. I hereby affirm I am physically, medically and mentally fit to participate in the Activities. I will not hold the Released Parties responsible for any condition that results in illness, injury or death to me. I will not possess or consume illegal drugs or medications contraindicated for the Activities. I will not participate in the Activities while under the influence of alcohol or drugs (other than medications prescribed or authorized to me by a physician). I understand the Activities will be conducted at remote locations delaying emergency response, medical care and hyperbaric care. I understand that diving with compressed gases involves inherent risks, including but not limited to, over expansion injuries, decompression injuries, embolism and drowning. Diving injuries may require treatment in a hyperbaric chamber. I understand that these Activities may be conducted at a site that is remote, by time and distance, from a hyperbaric chamber and medical facilities. Despite the inherent risks, I expressly choose to proceed with the Activities in the absence of a nearby hyperbaric chamber and medical facility. I EXPRESSLY ASSUME THESE RISKS AND HEREBY RELEASE THE RELEASED PARTIES FOR FAILURE TO RESCUE OR PROVIDE PROPER EMERGENCY RESPONSE OR MEDICAL CARE. I AUTHORIZE THE RELEASED PARTIES TO PROVIDE FIRST AID AND MEDICAL CARE TO ME IF I BECOME ILL OR INJURED. I AGREE TO BE SOLELY RESPONSIBLE FOR AND PAY ALL EXPENSES ASSOCIATED WITH ANY EMERGENCY RESPONSE AND MEDICAL CARE PROVIDED TO ME, INCLUDING BUT NOT LIMITED TO EMERGENCY OXYGEN, FIRST AID SUPPLIES, EMERGENCY RESPONSE, TRANSPORTATION, FOOD, LODGING, SPECIAL NEEDS, HYPERBARIC TREATMENT AND/OR MEDICAL CARE PRIVIDED BY THE RELEASED PARTIES. I UNDERSTAND THE IMPORTANCE OF, AND MY RESPONSIBILITY TO HAVE, PERSONAL INSURANCE THAT SPECIFICALLY COVERS DIVE AND TRAVEL RELEATED EMERGENCIES AND MEDICAL CARE.
Release of Liability: In consideration of being allowed to participate in the Activities, I HEREBY AGREE TO FOREVER RELEASE THE RELEASED PARTIES FROM ALL LIABILITY ARISING AS A RESULT OF MY PROPERTY LOSS OR DAMAGE, ILLNESS, INJURY AND OR DEATH DUE TO ANY ACT OR FAILURE TO ACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANYONE, INCLUDING NEGLIGENCE BY THE RELEASED PARTIES.
I SHALL NOT HOLD THE RELEASED PARTIES RESPONSIBLE OR LIABLE FOR DEFECTIVE PRODUCTS OR THE ACTS OF THIRD PARTIES, VENDORS, SUPPLIERS OR CONTRACTORS. I UNDERSTAND THIS IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.
Hold Harmless & Indemnification: I AGREE TO HOLD HARMLESS & INDEMNIFY THE RELEASED PARTIES FROM ALL CLAIMS, CAUSES OF ACTION OR LAWSUITS ARISING FROM MY PARTICIPATION IN THE ACTIVITIES. I HEREBY OBLIGATE MYSELF, AND MY FAMILY OR MY ESTATE, IF I AM DECEASED, TO BE FULLY RESPONSIBLE TO PAY ALL COSTS ASSOCIATED WITH ANY CLAIMS, CAUSES OF ACTION, LAWSUITS OR JUDGMENTS AGAINST THE RELEASED PARTIES AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES. COSTS INCLUDING DEFENDING AND PAY ALL JUDGMENTS, COURT COSTS, DAMAGES, INVESTIGATION COSTS, ATTORNEY FEES AT ALL LEVELS, INCLUDING PRE-LAWSUIT, TRIAL, MEDIATION, ARBITRATION, APPEAL, AND ALL OTHER EXPENSES INCURRED BY THE RELEASED PARTIES THAT RELATE TO ENFORCEMENT OF THIS AGREEMENT.
I understand and agree the SSI licenses training centers, professionals and their affiliates to use various SSI trademarks and to conduct SSI approved training, but they are not agents, employees or franchisees of SSI, its parent, subsidiary, or affiliated corporations. I further understand SSI training centers, SSI professionals, and their affiliates’ businesses are independent, and are neither owned, operated, or controlled by SSI,and that while SSI establishes standards and materials for SSI training, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training and or supervision of Participants by SSI training centers, SSI professionals, their affiliated businesses, and/or their associated staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during the Activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI training center, SSI professionals and other affiliated businesses or personnel associated with my participation in the Activities.Legal Contract, Governing Law & Severability: I understand this Agreement is a contract giving up My legal rights. This Agreement shall be in full legal force from the time I sign it, through the duration of all Activities, and into the future until all claims and legal action against the Released Parties arising as a result of my participation in the Activities are fully resolved. I agree that any legal action arising as a result of my participation in the Activities shall be governed by the Laws of the State in which the Host is located, and that State shall be the exclusive jurisdiction and venue of any legal action. If any portion of this Agreement is found to be unenforceable or invalid, then that portion shall be severed, and the remainder shall continue in full legal force. I agree that any photocopy, fax copy, or electronic completion/signature/confirmation of this Agreement shall have full legal force as if it were an original document signed by me. I VOLUNTARILY AND FREELY ENTER INTO THIS CONTRACT BASED EXCLUSIVELY ON THE PREPRINTED TERMS OF THIS AGREEMENT WITHOUT MODIFICATION AND WITHOUT RELYING ON ANY OTHER REPRESENTATIONS OR ASSURANCES.
I HAVE FULLY READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP LEGAL RIGHTS FOR MYSELF AND ALL OTHERS WHO MAY HAVE A CLAIM ON MY OR THEIR BEHALF AGAINST THE RELEASED PARTIES AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES.
PARENTAL CONSENT – YOUTH ADDENDUM
ALL PARTICIPANTS UNDER 18 YEARS OF AGE MUST HAVE A PARENT’S SIGNATURE AGREEING THAT THE PARTICIPANT AND PARENTS OF THE PARTICIPANT ARE LEGALLY BOUND BY THIS AGREEMENT. NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY, YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT, EVEN IF THE RELEASED
(BOAT – EVENT – TRAVEL STATEMENT OF DIVER UNDERSTANDING continued..)
PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE COMPLETELY AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM
(END OF AGREEMENT)
WAIVER – SNORKEL
You must complete an online waiver prior to your scheduled snorkel booking. Every participant in our activities must complete an online waiver. The content of the waiver is stated below. It is specifically agreed as a condition of purchase that you and all other participants agree to the provisions of the below agreement even without signature.
SSI Snorkel Diver, Try Freediving, and Try Mermaid Assumption
of Risk, Liability Release & Hold Harmless Agreement
This form is used for SSI Introductory Breath-Hold Programs including Snorkel Diver, Try Freediving and Try Mermaid programs. This is a legal contract terminating your rights to file a lawsuit. Read carefully before signing. Warning – Breath-Hold Diving involves swimming underwater while holding your breath, which is inherently dangerous and may cause serious injury, illness or death.
Snorkeling/Freediving/Mermaiding/Breath-Hold Diving – any diving activity where the participant holds their breath, including dry land breath-holds, surface breath- holds, and/or in-water breath holds, which may include the use of equipment like mask, fins, or snorkels, as well as specialized freediving/ breath-hold equipment like monofins and nose-plugs to achieve longer breath-holds durations, deeper depths and longer distances.
In consideration of being allowed to participate in an SSI Introductory Breath-Hold Program, I, expressly agree to be bound by this Agreement and comply with the Responsible Diver Code described below. I understand this Agreement is between me, my family, estate, heirs, and/or anyone who may have a claim on my behalf, and (print name of training center), including all instructors, facilities, boats, and dive sites; in addition to Scuba Schools International (“SSI”), and all respective owners, officers, employees, representatives, volunteers, agents, contractors, and any
others on their behalves, whether specifically named or not (herein referred to as “Released Parties”).
I voluntarily assume all risks of injury, illness and death, caused by Snorkeling, Freediving, Mermaiding and all related activities, whether foreseeable or not, including but not limited to risks associated with: swimming, entering and exiting the water, falling on, struck by or abandoned by a boat, separation or lost underwater, holding my breath, becoming unconscious, pre-existing health conditions, heart failure, over-exertion, panic, drowning, pressure related injuries, decompression illness, environmental and marine life injuries, unknown causes,
equipment malfunctions, improper dive planning, or improper action of other divers or support personnel (including failure to rescue, recover, resuscitate, or provide emergency assistance).
I agree to waive, release, not sue, discharge, save, indemnify, and hold harmless the Released Parties of all claims, demands, causes of action, lawsuits and damages by me, my estate, family (including my minor children), heirs, or others who may have a claim for my injury, illness or death as a result of any act or failure to act, including negligence by the Released Parties, associated with my training and all related
activities. I agree that it is my responsibility to inform my family and all those who may have legal rights on my behalf that I have entered into this Agreement and it is my intent that they be bound by this Agreement. I agree that me or my estate shall be fully liable (pay for) for the cost to the Released Parties for any claim brought on my behalf arising as a consequence of my participation in Snorkeling, Freediving, and Mermaiding and all related activities.
I understand SSI licenses SSI Training Centers, SSI Professionals, and their affiliates to use various SSI trademarks and to conduct SSI training, but I agree they are not agents, employees, or franchisees of SSI, its parent, subsidiary, or affiliated corporations. I further understand that SSI Training Centers, SSI Professionals, and their affiliates’ businesses are independent, and are neither owned, operated, or controlled by SSI, and that while SSI establishes standards and materials for SSI training programs, it is not responsible for, nor does it have the right to control, the operation of the business activities or the day-to-day training programs and/or supervision of divers by SSI Training Centers, SSI Professionals, their affiliated businesses, and/or their associates’ staff. I further understand and agree on behalf of myself, that in the event of injury, illness or death during dive activities, I shall not hold SSI liable for the actions, inactions or negligence of the SSI Training Center, SSI Professionals, and other affiliated businesses or personnel associates with my dive activities.
I have read this Agreement and the SSI Snorkel Diver, Try Freediving, and Try Mermaid Fit To Dive Screening and Responsible Diver Code. I expressly understand my responsibilities and that I am giving up legal rights by signing this Agreement. I understand this is a legal contract and I am voluntarily signing it without inducement or duress. I understand this is an unconditional and complete release of all liability to the greatest extent allowed by law. If any portion of this Agreement is found to be legally unenforceable, that portion shall be severed, and the remainder shall have full legal force. I agree to be bound by this Agreement without modification of the preprinted text.
I am over 18 years of age and legally competent to engage in this Agreement, or I have acquired the written consent of my parent or guardian by completing the SSI Youth Addendum form.
(END OF AGREEMENT)
EQUIPMENT RENTAL AGREEMENT
Please read carefully. Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).
THIS AGREEMENT is entered into between OZDIVE Pty Ltd and the renter, for the rental of scuba and/or skin-diving equipment. This AGREEMENT is a release of my rights and the rights of my heirs, assigns or beneficiaries to sue for injuries or death resulting from the rental and/or use of this equipment. I personally assume all risks of skin and/or scuba diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment.
Non-Agency Disclosure and Acknowledgment Agreement
I understand and agree that SSI Members (“Members”), including OZDIVE Pty Ltd and/or any individual SSI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various SSI Trademarks and to conduct SSI training, but are not agents, employees or franchisees of SSI, or its parent, subsidiary and affiliated corporations (“SSI”). I further understand that Member business activities are independent, and are neither owned nor operated by SSI, and that while SSI establishes the standards for SSI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of SSI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold SSI liable for the actions, inactions or negligence of OZDIVE Pty Ltd and/ or the instructors and divemasters associated with the activity.
Liability Release and Assumption of Risk Agreement
I understand and agree that OZDIVE Pty Ltd, and its employees, owners, officers, contractor, assigns or agents (hereinafter referred to as “Released Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.
I hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor.
I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I agree to reimburse the Dive Center/Resort OZDIVE PTY LTD for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired 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 and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, and beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, 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 ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.
(End Of Agreement)
GENERAL TERMS AND CONDITIONS
This website is operated by OZDIVE PTY LTD. These terms and conditions apply to the use of the OZDIVE.com website. Throughout the website, the terms “we”, “us” and “our” refer to OZDIVE PTY LTD while, “You” and “Your” refers to you, the customer, visitor, website user or person (any) using our website.
These terms and conditions specifically apply to all OZDIVE Pty Ltd information, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and/ or purchasing something from us, you agree to be bound by the following terms and conditions outlined here, as well as additional terms and conditions and policies referenced herein and/or available by hyperlink.
By accepting from OZDIVE PTY LTD delivery of the scuba equipment, other products and/or services and support described on that invoice you agree to be bound by and accepts these terms and conditions.
OZDIVE Pty Ltd reserve the right to change, modify, add, or remove sections of these terms and conditions at any time, without formal notice. It is your responsibility to ensure you are up to date and you are responsible for reading and understanding our Terms and Conditions.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Your use of our website and by using tour website, you expressly accept all terms and conditions contained herein in full. You must not use our website, if you have any objection to any of these Terms and Conditions.
We reserve the right to refuse anyone for any reason at any time from visiting our website and/ or purchasing a product or service from us. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit, use or sell any portion of our website, services, products or information, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Other than content you own, which you may have opted to include on our website, under these Terms and Conditions, OZDIVE PTY LTD and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing the material contained on this Website.
Any photos taken or video footage taken by OZDIVE Pty Ltd remains the property of OZDIVE Pty Ltd and may be utilised for promotion purposes.
You are expressly and emphatically restricted from all of the following:
- publishing any of our website material in any media (unless agreed in writing);
- selling, sublicensing and/or otherwise commercialising any of our website material;
- publicly performing and/or showing any our website material;
- using our website in any way that is, or may be, damaging to our website;
- using our website in any way that impacts user access to our website;
- using our website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to our website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our website, or while using our website;
- using our website to engage in any advertising or marketing;
THIRD PARTY WEBSITES
This website provides links to other websites. OZDIVE PTY LTD has no direct control over linked website content or changes to their content. These links are for Your convenience only and do not signify that OZDIVE PTY LTD endorse or undertake any responsibility for the content of or any transactions that You enter relating to those linked sites. Use of third-party websites is entirely at Your own risk.
When we link to external websites and any applications they use (such as Twitter, Facebook, LinkedIn and YouTube) we aren’t endorsing or recommending any related material, products or services. You are responsible for being aware of the organisation hosting websites you visit.
Third party material that we include on this site, does not necessarily reflect our views.
We build our social media networks and communities through linkages in social media tools.
When you use the linkages in social media tools, you are using an external site, so you are bound by their terms and conditions of use. We encourage you to review their legal policies for further information.
OZDIVE PTY LTD does not endorse, and is not accountable for, any views of third parties using social media. The views expressed by contributors to OZDIVE PTY LTD social media pages are those of the individual sender. OZDIVE PTY LTD accepts no responsibility for the accuracy or completeness of views or information posted.
We disclaim all liability resulting from any views or any information posted. We recommend you seek appropriate independent professional advice before entering into any commitment based on these views. You should not rely on these views.
Links from our social media to other sites are not endorsed by OZDIVE PTY LTD. We are not accountable for content on linked sites or your access to those sites via the links.
DISCLOSE YOUR INFORMATION
Generally, we only use or disclose personal information about you for the purpose as stated above, in good faith or in some circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance where you would reasonably expect us to, and the purpose is related to the purpose of collection).
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.
The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission.
DISCLAIMER OF WARRANTIES
Our website is provided “as is,” with all faults, and OZDIVE PTY LTD disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Additionally, nothing contained on our website shall be construed as providing consult or advice to you. You agree that from time to time we may remove the website, it’s products, services and information for indefinite periods of time or cancel at any time, without notice to you.
You expressly agree that it is solely your responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. Your use of, or inability to use, our website, is at your sole risk.
LIMITATION OF LIABILITY
OZDIVE PTY LTD make every effort to provide accurate and up-to-date material and information on our website, however OZDIVE Pty Ltd does not guarantee, and accepts no legal liability, for the accuracy, reliability, currency or completeness of any material and information on our website.
You agree and accept that OZDIVE PTY LTD, will not be liable for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, you might suffer related to your use of our website or reliance on any information on our website or from omissions in our documents or information, an any goods or services we may offer or from any other use of the website. By entering and using this website, you release OZDIVE Pty Ltd, represented by ozdive.com, from all liability for claims, losses, expenses, damages, and costs you incur as a result of relying on the information on this website, or any products or services that may be offered through it.
Your use of our website, including acting on information provided herein (including third party content, links, comments or advertisements) via this website, is done at your sole risk.
This includes liability relating to you taking on all risks of using the site, including risks to your computer, software or data. OZDIVE PTY LTD does not warrant our servers or electronic communications sent from OZDIVE PTY LTD are free from viruses or any other harmful components nor will we be liable for any damages arising as a result of using OZDIVE PTY LTD services.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify to the fullest extent OZDIVE PTY LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by OZDIVE PTY LTD on this website constitutes the entire agreement and understanding between you and us and govern your use of our website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions our Terms and Conditions
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW & JURISDICTION
These Terms and Conditions, this website and any separate agreements shall be governed by and construed in accordance with the laws of Queensland and Australia. If there is a dispute between you and OZDIVE PTY LTD that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.