The Statement of Understanding is an important document which affects
your legal rights and should be read carefully and its terms understood
before signing. By signing this document you will be waiving legal
rights including the right to sue.
BETWEEN:
The Underwater Centre Fremantle Pty Ltd, ACN 072 742
002 in the State of Western Australia and its diving instructors,
employees and agents (hereinafter referred to as “The Underwater
Centre”).
AND:
(Name of Student)
of (Address) in the State of
(State) hereinafter referred
to as “the student”.
THE COURSE
The student has enrolled to participate in an “Introduction
to Offshore Diving Course” of instruction, conducted by The
Underwater Centre that will take place on dates and times to be confirmed.
This will comprise two (2) days of theory, practical and pool training,
up to two (2) open water dives using surface supplied breathing apparatus
and one (1) 50 metre decompression dive in a recompression chamber,
and additional theory lectures, pool training sessions and open water
dives as may be required by The Underwater Centre (“the course”).
The student has agreed to pay to participate in the Course but acknowledges
that payment may not include the cost of additional theory lectures,
pool training sessions and open water dives for which The Underwater
Centre is entitled to charge separately for.
In addition to theoretical and practical training and instruction,
The Underwater Centre agrees to provide to the Student as part of
the Course the following:
a) “Introduction to Offshore Diving” Course
Notes.
b) Course Participation Certificate.
STATEMENT OF LIMITATIONS
Upon successful completion of the Course, the Student
will have been introduced to the general principles recompression
chamber and offshore commercial surface supplied diving operations
by The Underwater Centre. The Student will have the experience of
at least two (2) supervised dives to a maximum depth of 10 metres
using surface supplied breathing apparatus and one (1) 50 metre decompression
dive in a recompression chamber. The Student acknowledges that the
Course provides limited introductory theoretical and practical training
and experience which does not qualify him/her to participate in occupational
surface supplied diving operations. The Student also acknowledges
that without further training and experience he/she can not undertake
work as an occupational/commercial diver.
EXPRESS ASSUMPTION OF RISK AGREEMENT
BY SIGNING THIS DOCUMENT YOU EXPRESSLY ASSUME
ALL THE RISKS, HAZARDS AND DANGERS ASSOCIATED WITH SURFACE SUPPLIED
DIVING AND RECOMPRESSION CHAMBER OPERATIONS:
The Underwater Centre hereby provides the Student with notice to warn
him/her of some of the inherent risks of surface supplied diving and
recompression chamber operations:
• The
underwater and hyperbaric (high pressure) environments are alien to
human beings and as a consequence snorkel,
scuba and surface supplied diving using compressed
air, and exposure to compressed air in a recompression chamber are
risk inherent activities which expose participants
to the risk of serious injury or death.
• Many
of the physiological effects on the human body due to the underwater
and hyperbaric environments, and the pressure
changes experienced whilst diving on compressed
air are not properly understood.
• The
long term effects of diving on compressed air on the human body are
generally either not known or not properly
understood and there may be adverse health effects on
the human body resulting from diving on compressed air both underwater
and in a recompression chamber which are presently
unknown or not fully known.
• No decompression
table or diving computer is completely safe and despite observance
of safe diving practices, including diving
within the tables or in accordance with the dive
computer calculations, there is an inherent risk of developing decompression
illness.
• Decompression
diving (dives which according to recognised decompression tables require
mandatory decompression stops), increase the inherent risk of developing
decompression illness.
• Communication
underwater and in a recompression chamber is limited and, as a consequence
of reduced visibility, separation, noise and communication failure,
communication between the instructor or dive
supervisor and the Student may be difficult
or not possible.
• There
is an inherent risk of fire, explosion and sudden decompression resulting
in serious injury or death to the Student
during pressurisation in a recompression chamber.
• Diving
using compressed air can involve strenuous physical exertion under
certain conditions that may include swimming
underwater or on the surface against a current or
tidal stream, in rough seas or over long distances.
• The
taking of various medications or drugs may have adverse health effects
resulting from pressure changes associated
with diving using compressed air. These are or may be
unknown. Medical advice should be obtained from an appropriate qualified
diving doctor.
The Student expressly acknowledges he/she understands that surface
supplied diving and recompression chamber operations involve inherent
risks, hazards and danger which could result in serious injury or
death. The student nevertheless wishes to participate in the Course
and willingly accepts and expressly assumes all such risks, hazards
and dangers.
LIABILITY RELEASE AND INDEMNITY AGREEMENT
The Student, in consideration of The Underwater Centre
agreeing to accept his/her participation in, and to instruct the Student
during the Course agrees to release The Underwater Centre from all
loss, damage, claims, demands, suits, actions or proceedings of any
kind directly or indirectly arising out of or resulting from an accident
happening, equipment failure, latent condition, damage, death, injury
or loss arising or occurring to or suffered by him/her during or after
the Course or during or after any subsequent diving activity or related
activity whether or not the same shall have been caused by, or contributed
to whole or in part to the negligence of or breach of contract by
The Underwater Centre.
The Student further agrees that The Underwater Centre and the Instructor
shall be under no duty to exercise reasonable care for his/her safety
at any time whilst he/she is participating in any related diving activity
which is not conducted or supervised by The Underwater Centre.
The student expressly acknowledges that he/she is in good health and
is not aware of any medical or health reason why he/she should not
participate in occupational diving and he/she has fully and truthfully
disclosed to The Underwater Centre and any doctor examining him/her
for the purpose of determining his/her fitness to dive:
(i) any medical or health condition suffered by or affecting him/her
of which he/she is aware;
(ii) all medications or drugs which he/she is taking or takes from
time to time;
The Student expressly acknowledges that he/she has read and understood
this agreement and specifically the waiver of legal rights and notice
warning of some of the risks inherent in the activities of snorkel
and scuba diving, and agrees to be bound by them.
This agreement does not purport to or have the effect of excluding,
restricting or modifying the application of any of the provisions
of the Fair Trading Act or the Trade Practices Act 1974
(C’th) or the exercise of a right conferred by any such
provision or any liability for a breach of condition or warranty implied
by such provision.
SIGNED for and on behalf of The Underwater Centre
SIGNED SEALED AND DELIVERED by the said
(Signature of Student)
In the presence of: (Signature
of Witness)
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