The text below is a DRAFT of
the "Statement of Understanding" you will be required
to sign on the first day of the course.
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)
