WaterMaarq Freediving Terms and Conditions
It is a prerequisite that all WaterMaarq Freediving participants in courses, workshops, training sessions and excursions accept the conditions in order to attend the event.
It is important to remember that accepting these Terms & Conditions constitutes a legally-binding contract, so it is in your interest to make sure that you have read them before accepting. In doing so you will also be satisfied that the agreement you are entering suits you as well as us.
1. LIABILITY RELEASE AND ASSUMPTION OF RISK
– Participant Liability and Waiver Agreement –
I the undersigned hereby declare that I am aware that participating in freediving, snorkelling, breath-hold activities and boating has inherent risks, which may result in serious injury or death. I still choose to participate in these activities with WaterMaarq Freediving (WaterMaarq).
I understand and agree that neither WaterMaarq nor any of their respective employees, officers, agents, contractors or assigns (herein after referred to as the “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 the activity with WaterMaarq or as a result of the negligence of any party, including the Released Parties whether passive or active.
In consideration of WaterMaarq allowing me to participate in the activity, I hereby personally assume all risks of the experience, whether foreseen or unforeseen, that may befall me while I am participating with the assigned Freediving Instructor, Guide or Responsible Person for my course, training session, excursion or tour.
I declare that I am in good mental and physical fitness for the activity and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contra indicatory to freediving, snorkelling or boating. I declare that if requested as a result of completion of the Medical Statement, I have seen a physician and have medical approval to participate.
I further declare that I am of lawful age and legally competent to accept this liability release.
I understand the terms herein are contractual and not a mere recital, and that I have accepted this document 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 therein.
2. MEDICAL DECLARATION AND STATEMENT
– Participant Record (Confidential Information) –
During the registration process, you are requested to supply a medical declaration and statement. This document supports your participation in the activities. Download the PADI Freediver Medical History Form (pdf).
You must complete this form, sign and scan it and return it via email to firstname.lastname@example.org. Please include your name, contact number, booking name and date of your booking in your email.
If the document is not submitted, you will be unable to participate in the activities. Your acceptance of the terms and conditions indicates your acceptance to provide a full and complete medical declaration and statement in accordance with the requirements of participation.
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.
4. ACKNOWLEDGEMENT AND COMPLIANCE WITH RULES
I agree to observe all rules and safety procedures that accompany the WaterMaarq Freediving activities and to abide by any decision of a WaterMaarq representative relative to my ability to safely participate in the activity. I agree to exhibit appropriate behaviour at all times and to obey all laws. WaterMaarq instructors and personnel may dismiss me, without refund, should my behaviour endanger the safety of or negatively affect an activity, person, facility, or property of any kind.
5. PHOTOGRAPHY RELEASE
I hereby grant full permission to WaterMaarq Freediving to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of the WaterMaarq Freediving activity or activities I may take or capture to WaterMaarq Freediving.
(Participants who are under 18 years of age must provide evidence of consent by a parent or guardian.)
5. DIVE EQUIPMENT RENTAL AGREEMENT
– Applicable to Participants who elect to hire the Rental Equipment –
FREEDIVE & SNORKEL EQUIPMENT RENTAL AGREEMENT LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK
The Participant using the rental equipment, the “RENTOR”, hereby acknowledges receipt of the equipment designated in this form, and, if any of this equipment is to be used for freediving or snorkelling, that RENTOR is a certified freediver or student in a freediving or snorkelling course/ program under supervision of a certified instructor.
RENTOR acknowledges that the equipment is in good working condition and that he/she will examine the equipment before use to ensure that it is free from defects, including checking both the quality and quantity of items rented. If there are any defects the RENTOR agrees to inform WaterMaarq prior to use.
RENTOR understands that WaterMaarq and its employees, owners, officers, or agents (hereinafter “Released Parties”), shall not be held liable or responsible in any way for injury, death or other damages to RENTOR or his/her family, heirs, or assigns which may occur as a result of the rental and/or use of the equipment, or as result of product defect, or the negligence of any party, including the Released Parties.
RENTOR acknowledges that any damage or loss sustained to equipment as a result of the RENTOR’S actions, environmental conditions, or at any time whilst equipment is in RENTOR’S possession, whether supervised or unsupervised, will incur cost in compensation for the repair or replacement of items.
I HAVE CAREFULLY READ AND UNDERSTAND THE ABOVE AGREEMENT. BY ACCEPTING THIS AGREEMENT, I EXEMPT AND RELEASE WATERMAARQ, 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.
6. RENTAL CONDITIONS
Rental Equipment is only available during the event for which it has been rented. The equipment is rented for the RENTOR’S personal use only. The equipment will not be loaned or sublet to any other party.
The RENTOR must thoroughly inspect all property being hired BEFORE use to ensure the items are clean, complete, and in good working order. All deficiencies must be noted and communicated immediately.
The RENTOR is responsible for any loss or damage to the rented freediving equipment while in his/her possession and agrees to return it in the same condition as received.
All equipment must be returned at the end of the session, course or excursion. Late returns are subject to additional daily charges at the one day rate for every day the equipment is late.
All rental gear must be rinsed with fresh water and be free from foreign matter before it is returned. Failure to do so will result in a $25 cleaning fee.
A deposit of AU$200, a current Driver’s Licence and/or Credit Card will be held as security against all rental freediving equipment and returned to you on return of gear in good, clean order.
Any dive gear lost or not returned will be charged at recommended retail prices immediately to the RENTOR’S credit card.
7. CANCELLATION POLICY
These policies are in place to ensure you, our customer, receive the highest level of service and quality instruction. As class sizes are limited, all cancellation / rescheduling deadlines will be strictly adhered to. All cancellations must be received via letter or email.
Verbal cancellations are not accepted. Cancelling a course close to commencement date affects everybody on the course. Cancelling or changing a course should be considered a last resort.
All customers are requested to confirm booking payments in full in advance of the event date. Full payment for courses ensures participant registration on the course selected. Participation will be denied to any Participant that has not completed full payment before the scheduled event and any refunds will be considered under the Cancellations Policy.
The following terms apply:
Tours: Full payment no less than three (3) months prior to commencement
Courses: Full payment no less than eight (8) days prior to commencement
Excursions and Training: Full payment no less than forty-eight (48) hours prior to commencement
A company or individual may cancel a booking or by submitting a WRITTEN NOTICE via e-mail (email@example.com) or letter to the address below. The deposit is non-refundable and the balance is subject to the following cancellation fees (Only applies to Courses, Training and Excursions. Tours handled separately):
· If cancelled over 1 month before the scheduled starting date of the booking, WaterMaarq will refund the fees paid, less an administration fee of $100 ($100 fee applicable to courses only), to the company or individual
· If cancelled within 1 month but more than 7 days before the scheduled starting date of the booking, a 50% cancellation fee will required by the company or individual
· If cancelled within 7 days before the scheduled starting date of the booking, a 100% cancellation fee will be
required by the company or individual. A cancellation fee will be based on the full cost of the booking at time of purchase
Training and Excursions
· If cancelled within 7 days of the scheduled starting date of the booking, a 50% cancellation fee will required by the company or individual
· If within 24 hours of the scheduled starting date of the booking, a 100% cancellation fee will be
required by the company or individual. A cancellation fee will be based on the full cost of the booking at time of purchase
Requests for Rescheduling
A company or individual may reschedule a booking without penalty by providing WRITTEN NOTICE at least 21 days prior to the scheduled starting date of the booking. If a company or individual reschedules a specific booking without 21 days notice prior to the starting date and more than 7 days before, the company or individual will incur a “rescheduling fee” of 25% of the full fees which is due and payable prior to attending the rescheduled booking. A non-cancellation policy towards the new booking date will apply.
A company or individual cannot reschedule under 7 days from starting date of an event and will incur the full booking fee. Reschedules will be based on availability. A limit of 1 reschedule per booking is permitted.
· If cancelled within 7 days and up to 48 hours before the scheduled starting date of the booking and you have a medical certificate stating you are unfit to dive, have completed your eLearning, AND haven’t moved previously, you may reschedule and a $200 fee applies.
If a company or individual does not attend a booking and does not give notice, the company or individual will incur a 100% “no-show” fee.
WaterMaarq reserves the right to cancel a booking at any time. If that is to occur, we will refund the booking fee(s) in full. In very exceptional circumstances, a booking may be cancelled by WaterMaarq if a minimum number of candidates are not registered. In such an event, a candidate will be moved to any booking of their choice subject to availability and no extra fees will be incurred.
Our liability is limited to booking fee(s) only. We cannot be held liable for airfare, lodging or other related expenses, including any airline penalties incurred. WaterMaarq will take all reasonable endeavours to provide notice to customers in the event of booking cancellation.
We ask that you please arrive 15 minutes prior to booking start times, because late arrivals disrupt departures and course flow.
In the event of late attendance, bookings will begin at the scheduled time. If a Participant is more than 15 minutes late, he or she may not be allowed onto the booking or may miss it entirely. All boat departures leave at the scheduled time. Late cancellations or rescheduling fees may apply.
All refunds and cancellation fees will be administered at the sole discretion of WaterMaarq management.
Your understanding is appreciated as it is intended to bring you the highest level of service available.
Should you have any queries or concerns prior to booking, please make contact using the details provided.
8. PAYMENT OF FEES
To secure your place all outstanding fees are due in full before booking commencement. Fees can be submitted via direct bank transfer or PayPal (including credit card payment).
By accepting these terms and conditions, I acknowledge and represent that I have carefully read and understand all terms of this Release and declare my acceptance of the liability and waiver agreement and full terms and conditions.
362 Melbourne Rd
Blairgowrie VIC 3942