DEEP SENSATIONS FREEDIVING LIABILITY WAIVER AND RELEASE FORM
Applies to courses, training, coaching, breathwork sessions, workshops, masterclasses, events, social activities, trips, retreats, freediving, scuba diving, snorkelling, spearfishing and related activities organised by or associated with Deep Sensations Freediving.
1. IMPORTANT RISK WARNING
Participation in the activities offered, organised or associated with Deep Sensations Freediving may involve inherent and significant risks.
These activities may result in serious injury, illness, permanent disability, loss of consciousness or death, even when reasonable safety procedures are followed.
Please read this document carefully before participating.
By signing this agreement, you acknowledge the risks described below, voluntarily choose to participate, and agree to the terms of this waiver and release to the maximum extent permitted by law.
DEFINITIONS AND SCOPE
For the purpose of this agreement, “Activities” includes any activity organised, delivered, promoted, coordinated or facilitated by or in connection with Deep Sensations Freediving, including but not limited to:
Freediving courses, coaching and training
Pool and depth training
Static and dynamic breath-hold training
Dry breath-hold exercises
SCUBA diving
Snorkelling
Spearfishing
Ocean swimming and other aquatic activities
Breathwork and guided breathing exercises
Recovery-breathing exercises
Relaxation and breathing workshops
Breath-hold, physiology and equalisation workshops
Masterclasses, seminars and educational sessions
Social dives and community dives
Social and community events
Boat-based activities
Trips, tours and excursions
Retreats and training camps
Wildlife encounters
Land-based physical training and workshops
Accommodation, transport and associated activities
Any other recreational, educational, aquatic or physical activity organised by or associated with Deep Sensations Freediving
For the purpose of this agreement, “Deep Sensations Freediving” includes its owners, directors, instructors, employees, safety divers, contractors, agents, representatives, volunteers, affiliates and, where applicable, collaborating organisations and third-party partners.
2. ACKNOWLEDGEMENT OF RISKS
I acknowledge that participating in the Activities involves inherent risks that cannot always be eliminated, even where reasonable care and recognised safety procedures are followed.
Depending on the Activity, risks may include but are not limited to:
Hypoxia and low oxygen levels
Shallow-water blackout
Loss of motor control
Fainting or loss of consciousness
Drowning
Barotrauma
Lung, sinus or ear injury
Equalisation-related injury
Decompression illness associated with SCUBA diving
Rapid or uncontrolled ascent or descent
Pressure-related injuries
Breathlessness or respiratory distress
Hyperventilation or altered breathing patterns
Dizziness, light-headedness or tingling
Changes in heart rate or blood pressure
Muscle cramping, tension or involuntary movements
Headache, nausea or fatigue
Anxiety, panic or psychological distress
Unexpected or intense emotional responses
Altered sensations, perception or awareness
Aggravation of an existing medical or psychological condition
Slips, trips, falls or impact injuries
Physical exertion, fatigue or exhaustion
Equipment malfunction, failure or misuse
Entrapment or entanglement
Collision with people, vessels, reefs, structures or equipment
Waves, swell, currents, tides and changing ocean conditions
Reduced visibility
Cold, heat, sun exposure, dehydration and other environmental conditions
Marine wildlife, including potentially dangerous animals
Cuts, bites, stings or other wildlife-related injuries
Spearfishing equipment, knives, spearguns and other sharp or hazardous equipment
Boat, vehicle and transport accidents
Remote-location medical emergencies
Delayed access to emergency or medical services
Other risks that may not reasonably be foreseeable at the time of participation
I understand that some Activities may take place in open water, remote locations or environments where immediate medical assistance may not be available.
I acknowledge that the Activities may result in serious injury or death, and I voluntarily accept the inherent risks associated with my participation.
3. HEALTH AND FITNESS DECLARATION
I confirm that I am physically and mentally capable of participating safely in the Activities I choose to undertake.
I acknowledge that certain medical conditions may increase the risks associated with freediving, diving, breath-holding, breathwork, physical exertion and aquatic activities.
I agree to inform Deep Sensations Freediving of any relevant medical condition, injury, medication or change in my health that may affect my ability to participate safely.
Relevant conditions may include, but are not limited to:
Heart or cardiovascular conditions
High or low blood pressure
Respiratory conditions
Asthma
Lung conditions
Ear or sinus disorders
Epilepsy or seizures
Previous unexplained blackout, fainting or loss of consciousness
Neurological conditions
Diabetes or metabolic conditions
Recent surgery
Recent or significant injury
Pregnancy
Bipolar disorder
Schizophrenia
Psychosis
Other significant physical or psychological conditions
If I have, or have previously had, a condition that may reasonably affect my safety, I agree to seek advice from an appropriately qualified medical professional before participating and to provide medical clearance where requested.
I understand that Deep Sensations Freediving may refuse or restrict my participation where there are reasonable concerns regarding my health or safety.
I agree not to participate while affected by alcohol, recreational drugs, medication or any other substance that may impair my judgement, physical ability or mental capacity.
I understand that attending while unwell, injured or without appropriate medical clearance may significantly increase my risk.
4. BREATHWORK AND BREATH-HOLD ACTIVITIES
Where I participate in any breathwork session, guided breathing exercise, dry breath-hold exercise, relaxation exercise, masterclass, workshop or related activity, I acknowledge that deliberate changes to normal breathing patterns may result in significant physical, physiological or emotional responses.
These responses may include:
Light-headedness or dizziness
Tingling or altered sensations
Changes in heart rate or blood pressure
Breathlessness
Muscle tension or cramping
Involuntary movements
Headache
Nausea
Fatigue
Anxiety or panic
Emotional distress
Unexpected emotional responses
Altered perception or awareness
Fainting or loss of consciousness
Injury resulting from a fall or loss of awareness
Aggravation of an existing physical, cardiovascular, respiratory, neurological, medical or psychological condition
I understand that individual responses to breathing practices vary and cannot always be predicted.
I acknowledge that some breathing exercises may not be suitable for me if I have a relevant medical or psychological condition.
I agree to participate only within my own comfort and capacity.
I understand that I am always permitted to:
Slow my breathing
Return to normal breathing
Modify an exercise
Remain seated or lying down
Decline an exercise
Stop participating at any time
I agree to immediately inform the facilitator if I experience concerning symptoms or feel unable to continue safely.
I understand that breathwork sessions provided by Deep Sensations Freediving are offered for education, training, recreation and/or general wellbeing and do not constitute medical, psychiatric, psychological or other healthcare diagnosis or treatment.
No specific physical, psychological, therapeutic or performance outcome is guaranteed.
5. VOLUNTARY PARTICIPATION
I confirm that my participation in the Activities is voluntary.
I understand that I may decline an exercise, modify my participation or stop participating at any time.
I agree to exercise reasonable judgement regarding my own comfort, health, fitness, ability and experience.
I acknowledge that withdrawing from an Activity does not necessarily entitle me to a refund, and that refunds and cancellations are governed separately by Deep Sensations Freediving's booking Terms and Conditions.
6. INSTRUCTIONS AND SAFETY PROCEDURES
I agree to:
Attend and pay attention to safety briefings
Follow reasonable instructions provided by instructors, facilitators, safety personnel or staff
Use equipment appropriately
Remain within my training, certification, experience and personal limits
Communicate openly regarding discomfort, fatigue, illness, injury, equalisation difficulty or other safety concerns
Avoid reckless, unsafe or disruptive behaviour
Respect other participants, staff, members of the public and wildlife
For in-water freediving activities, I agree to comply with appropriate buddy and safety procedures.
I understand that failure to follow safety instructions may result in my participation being restricted or terminated without refund.
7. FREEDIVING AND BREATH-HOLD SAFETY
Where participating in freediving or breath-hold activities, I acknowledge and agree that:
Breath-holding can result in hypoxia, loss of motor control, blackout, injury or death.
I will not intentionally hyperventilate before a breath-hold.
I will follow the safety and recovery-breathing procedures taught or communicated to me.
I will not undertake in-water breath-hold activities alone.
I will use an appropriate buddy system.
I will not commence or continue a dive unless appropriate safety procedures are in place.
I will communicate honestly regarding fatigue, discomfort, contractions, equalisation difficulty or other safety concerns.
I will stay within my experience, certification and comfort level.
I understand that successful completion of a previous course, certification or training session does not eliminate the risks inherent in future freediving or breath-hold activities.
8. SOCIAL DIVES, COMMUNITY DIVES AND SOCIAL EVENTS
I understand that activities described as social dives, community dives or social events may differ from formal courses, coaching or guided instructional sessions.
Unless expressly stated otherwise, social and community dives are autonomous recreational activities in which individual participants remain responsible for their own participation.
During such activities:
I am responsible for assessing my own competence, health and fitness.
I am responsible for ensuring I have appropriate equipment.
I am responsible for arranging and communicating effectively with an appropriate buddy.
I remain responsible for deciding whether conditions are suitable for my participation.
I will not interpret general event coordination as individual supervision or personal safety management.
I understand that Deep Sensations Freediving staff or volunteers present socially may not be acting as my instructor, guide or personal safety diver.
Any coordination regarding location, meeting times, conditions or other logistics is provided for convenience and community participation and does not remove my responsibility for my own decisions.
Nothing in this section removes any responsibility that cannot lawfully be excluded.
9. SPEARFISHING ACTIVITIES
Where I participate in any spearfishing activity, I acknowledge that spearfishing involves additional risks associated with breath-holding, marine conditions, fishing equipment and the use of spearguns, knives and other equipment.
Licensing and Legal Requirements
I understand that I am personally responsible for holding any recreational fishing licence required by the jurisdiction in which I am participating.
I am responsible for understanding and complying with applicable:
I understand that laws and regulations may change and that I remain personally responsible for checking current requirements.
Species Identification
I agree not to take or attempt to take any fish unless I am confident that:
I have correctly identified the species
Taking that species is legal
The fish meets applicable size requirements
I am within applicable bag and possession limits
Spearfishing is permitted at that location
I understand that education provided by Deep Sensations Freediving regarding species identification or fishing laws does not constitute a guarantee that a particular action or catch is lawful.
Personal Responsibility
I accept responsibility for my own actions while spearfishing and for any fines, penalties or other consequences resulting from my breach of applicable fishing or environmental laws.
I agree to handle spearguns, knives and other equipment responsibly and never intentionally point or discharge a speargun toward another person.
10. WILDLIFE AND ENVIRONMENTAL CONDUCT
I acknowledge that wildlife encounters are unpredictable and may carry inherent risks.
I agree to:
Follow applicable wildlife regulations
Maintain appropriate distances where required
Avoid chasing, grabbing, restraining, feeding or harassing wildlife
Follow instructions regarding interactions with marine animals
Avoid unnecessary contact with coral, reefs and sensitive habitats
Dispose of rubbish responsibly
Minimise my environmental impact
I understand that Deep Sensations Freediving cannot control the behaviour or presence of wild animals.
11. EQUIPMENT
I acknowledge that participation may involve personally owned, hired, borrowed or supplied equipment.
Where I use equipment, I agree to:
Inspect it before use where reasonably possible
Notify staff of apparent defects or concerns
Use equipment only for its intended purpose
Follow relevant instructions
Not deliberately misuse or modify equipment
Where I provide my own equipment, I accept responsibility for ensuring it is appropriate, maintained and suitable for the Activity.
12. THIRD-PARTY OPERATORS AND SERVICE PROVIDERS
I understand that Deep Sensations Freediving may work with independent third parties including:
Boat operators
Dive operators
Accommodation providers
Transport providers
Equipment suppliers
Tour providers
Venues
Training facilities
Guides
Contractors
Other service providers
These third parties may operate independently and may impose their own terms, conditions and waivers.
To the extent permitted by law, I acknowledge that Deep Sensations Freediving is not responsible for acts or omissions of independent third-party providers that are outside Deep Sensations Freediving's reasonable control.
13. TRAVEL, TRANSPORT AND REMOTE LOCATIONS
I acknowledge that some Activities may involve travel, boat transport, vehicle transport, remote locations or areas with limited access to emergency services.
I understand that:
Weather and environmental conditions can change
Transport may be delayed, altered or cancelled
Emergency evacuation may take significant time
Medical facilities may be distant
Communications may be limited
Participation may involve additional risks associated with isolation and remote environments
I voluntarily accept these risks.
14. EMERGENCY MEDICAL TREATMENT
If I become injured, ill, incapacitated or otherwise require assistance, I authorise Deep Sensations Freediving and its representatives to arrange emergency assistance, first aid, rescue, evacuation or medical treatment where reasonably considered necessary.
I understand that this may include contacting emergency services or arranging transport to a medical facility.
I accept responsibility for medical, ambulance, rescue, evacuation and associated expenses incurred on my behalf except to the extent that responsibility cannot lawfully be imposed upon me.
I understand that providing this authority does not guarantee that rescue, medical assistance or evacuation will be immediately available.
15. INSURANCE
I understand that I am responsible for determining whether I require appropriate:
Where participation involves travel, diving or remote locations, I understand that appropriate insurance is strongly recommended and may be made mandatory as a condition of participation.
I acknowledge that it is my responsibility to understand the limits, exclusions and conditions of my insurance coverage.
16. ASSUMPTION OF RISK
Having considered the nature of the Activities and the risks described in this agreement, I voluntarily choose to participate.
I knowingly and voluntarily assume the inherent and disclosed risks associated with my participation, including the possibility of serious injury, permanent disability, psychological harm, illness, loss of consciousness and death.
I understand that the list of risks in this document is not exhaustive and that unforeseen risks may arise.
17. RELEASE, WAIVER AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, I release and discharge Deep Sensations Freediving, its owners, directors, instructors, employees, safety divers, contractors, agents, representatives, volunteers and affiliates from liability for injury, loss, damage or death arising out of or in connection with my participation in the Activities, including:
This release is intended to operate to the maximum extent permitted under applicable Australian and New South Wales law.
Nothing in this agreement is intended to exclude, restrict or modify any statutory guarantee, duty, right or liability that cannot lawfully be excluded, restricted or modified.
I acknowledge that no waiver can eliminate every legal responsibility or apply in circumstances where liability cannot lawfully be excluded.
18. PERSONAL PROPERTY
I understand that I am responsible for my own personal belongings and equipment.
To the extent permitted by law, Deep Sensations Freediving accepts no responsibility for personal property that is lost, stolen, damaged or left behind during an Activity, except where loss or damage arises from circumstances for which liability cannot lawfully be excluded.
19. MEDIA RELEASE
Unless I notify Deep Sensations Freediving in writing before the Activity that I do not consent, I grant Deep Sensations Freediving permission to photograph or record me during Activities.
I permit reasonable use of this material for:
Social media
Websites
Marketing
Advertising
Promotional materials
Educational material
I understand that no compensation is payable for such use unless otherwise agreed in writing.
Where reasonably practicable, I may withdraw consent for future use by contacting Deep Sensations Freediving in writing. This does not require the withdrawal of material already published or distributed where removal is not reasonably practicable.
20. CODE OF CONDUCT
I agree to conduct myself in a manner that promotes safety, respect and responsible participation.
I agree to:
Treat participants, staff and members of the public respectfully
Follow reasonable safety instructions
Use appropriate buddy systems
Respect wildlife
Respect marine and natural environments
Communicate honestly regarding safety concerns
Avoid reckless conduct
Avoid harassment, threatening behaviour or deliberately unsafe behaviour
Comply with applicable laws and regulations
Deep Sensations Freediving may restrict or terminate my participation where my conduct creates a safety concern or significantly disrupts an Activity.
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