COMMUNICATION CONFIRMATION AND ACKNOWLEDGEMENT

OZDIVE 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.

PERSONAL BELONGINGS

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.

BOOKING CONFIRMATION

• 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 hello@ozdive.com 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.

NO SHOWS

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.
• If we, OZDIVE Pty Ltd cancel the dive, we can place your booking on hold for another time, you can reschedule the trip at the time of cancellation, or we can provide you with a credit note for either PADI Courses and diving trips.

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 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.
• 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.

DIVE SPECIFICS

• 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.

WAIVER

You must complete an online waiver prior to your scheduled dive booking. It is available to complete here: https://web.wherewolf.co.nz/xj46fs

RELEASE OF LIABILITY – PADI FREEDIVER AND MERMAID TRAINING PROGRAMS

Non-Agency Disclosure and Acknowledgment Agreement

Please read carefully. 

I understand and agree that PADI Members (“Members”), including OZDIVE Pty Ltd  and/or any individual PADI  Instructors and Divemasters associated with the training program and/or activity in which I am participating, are licensed to use various  PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affliated corporations (“PADI”).

I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI 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 PADI 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 PADI 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, hereby affirm that I am aware that freediving and mermaid training and activities (“Programs”) have inherent risks which may result in serious injury or death.

I understand and agree that neither my guide(s)/instructor(s), nor the facility through which this program is offered, OZDIVE Pty Ltd, nor PADI Americas, Inc., nor its affiliate and subsidiary corporations, nor any of their respective
employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”), may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this Program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in this Program, I hereby personally assume all risks of this Program whether foreseen or unforeseen, that may befall me while I am a participant in this Program including, but not limited to, the academics, confined water and/or open water activities.

I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or
assigns, arising out of my enrollment and participation in this Program including both claims arising during the Program or after I receive
my certification.

I understand that freediving and mermaid Programs are physically strenuous activities and that I will be exerting myself during this Program, 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 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 that 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, or 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, HEREBY AFFIRM, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE MY GUIDE(S)/INSTRUCTOR(S), THE FACILITY THROUGH WHICH I RECEIVE MY INSTRUCTION /ACTIVITY, OZDIVE PTY LTD, AND PADI AMERICAS, INC., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO 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. 

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 PADI Members (“Members”), including OZDIVE Pty Ltd and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI 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 PADI 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 PADI 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 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)