nature travel, wildife tours, adventure travel and general travel to Australia, Southeast Asia and South America

Sample Risk Waivers

When you partake in certain activities you may be asked to sign a risk waiver. If you don't, you won't be allowed to participate. Below are some typical examples. Please also remember that participation in some activities such as bungee jumping, skydiving, scuba diving may be excluded from your travel insurance coverage.

DIVING WAIVER

PADI Liability Release

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF YOUR RIGHTS TO SUE _________________________________________, ____________________________________,
Facility Operator
__________________________________________________ AND THEIR EMPLOYEES, AGENTS, AND ASSIGNS (HEREIN AFTER “RELEASED
Dive Supervisor
PARTIES”) FOR PERSONAL INJURIES OR WRONGFUL DEATH THAT MAY OCCUR DURING DIVE ACTIVITIES AS A RESULT OF THE INHERENT
RISKS ASSOCIATED WITH SCUBA DIVING OR AS A RESULT OF THE NEGLIGENCE OF THE RELEASED PARTIES.
1. I acknowledge that I am a certified scuba diver trained in safe diving practices.
2. I am aware of the risks inherent in this sport and accept these risks.
3. I am in good mental and physical fitness for diving, and I am not under the influence of alcohol, nor am I under the influence of
any drugs that are contraindicatory to diving. If I am taking medication, I affirm that I have seen a physician and have approval
to dive while under the influence of the medication/drugs.
4. I am aware of the dangers of breath holding while scuba diving, and I will not hold the Released Parties and related entities
(such as employees, instructors, certified assistants, boat operators, or diver training agencies) responsible if I am injured doing
so.
5. I am aware that I will be diving with a buddy, and it will be our responsibility to plan our dive allowing for our diving limitations
and the prevailing water conditions. I will not hold the Released Parties responsible for my failure to safely plan my dive.
6. I will inspect all of my equipment prior to the activity and will notify the Released Parties if any of my equipment is not working
properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving.
7. I acknowledge that I am physically fit to scuba dive, and I will not hold the Released Parties responsible if I am injured as a result
of heart, lung, ear, or circulatory problems or other illnesses that occur while diving.
8. I understand that even though I follow all of the appropriate dive practices, there is still some risk of my sustaining decompression
sickness, embolism or other hyperbaric injuries, and I expressly assume the risk of said injuries.
9. I expressly assume the risk and accept all responsibility to plan my dive and dive my plan.
10. I understand that scuba diving is a physically strenuous activity and that I will be exerting myself during this diving excursion,
and that if I am injured as a result of a heart attack, panic, hyperventilation, etc., that I expressly assume the risk of said injuries
and that I will not hold Released Parties responsible for the same.
11. I understand that on this open-water diving trip, I will be at a remote site and that there will not be immediate medical care or
hyberbaric care available to me, and I expressly assume the risk of diving in such a remote spot.
12. IT IS THE INTENTION OF ____________________________________ BY THIS INSTRUMENT TO EXEMPT AND RELEASE
Diver’s Name
____________________________________________________ and, _____________________________________________
Facility Operator
and, ____________________________________________ AND ALL RELATED ENTITIES AS DEFINED ABOVE FROM
Dive Supervisor
ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH HOWEVER
CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS ASSUMPTION OF RISK AND RELEASE BY READING IT BEFORE I SIGNED
IT ON BEHALF OF MYSELF AND MY HEIRS.
_____________________________________________________________________________________________ _______________________
Signature of Diver Date
_____________________________________________________________________________________________ _______________________
Signature of Parent or Guardian (Where Applicable) Date
G Product No. 10086 (1/99) Version 1.0 © International PADI, Inc. 1999
LIABILITY RELEASE AND ASSUMPTION OF RISK
FOR SUPERVISION OF CERTIFIED DIVERS

RAFTING WAIVER

If you are going rafting in Australia, you will have to sign a waiver of liability form. While these vary from company to company, they will all be similar to the following. As this will affect your rights under Australian law, where any claims would be lodged, please read and understand what is being said. Remember, though, regardless of how you feel about such waivers, you will not be allowed to raft without signing the form. The first part - a) & b) - is about how you are covered under Australian law; the rest is what you are releasing.

a) The Trade Practices Act includes warranties that can’t be excluded, including that the services supplied will be rendered with due care and skill, and that any material supplied in connection with those services will be reasonably fit for the purposes for which they are supplied, and
b) Where you make known to the supplier the particular purpose for which you require the services or the result of the services to be achieved, the services and any material supplied in connection with those services will be reasonably fit for the purpose or will be of a nature and quality that might reasonably be expected to achieve the result, except where the circumstances show that you do not rely on or it is unreasonable for you to rely on the skill or judgment of the supplier.

Except to the extent that you might benefit from the above warranties and the benefit of all rights arising from them, you waive any and all “other” rights and any claim resulting therefrom that you may have now or in the future have against, and release from all liability and agree not to sue (the rafting company) and its officers, employees, guides, agents or representatives (staff) or the Licensor for any personal injury, death, property damage, or loss sustained by me as a result of my participation in an adventure trip with (the rafting company) due to any cause whatsoever, including without any limitation negligence at common law on the part of (the rafting company) its staff or licensor.

You are aware that the (the rafting company)’s adventure trip in addition to usual and inherent risks has certain additional dangers and risk some of which may include physical exertion for which you may not be prepared; remoteness from normal medical services; weather extremes subject to sudden and unexpected change; evacuation difficulties if disabled.

You accept the inherent risks of the proposed adventure trip and possibility of personal injury, death, property damage or loss resulting therefrom.

You acknowledge that the enjoyment and excitement of adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety o life at home or at work and that these inherent risks contribute to such enjoyment and excitement being a reason for my participation.

You agree that if you suffer injury or illness (the rafting company) can at your cost, arrange medical treatment and emergency evacuation service, as (the rafting company) deems essential for your safety.

In entering into this Agreement, you are not relying on any oral, written or visual representation or statements by (the rafting company) or its staff or any other inducement or coercion to go on the adventure trip, hence, only of your own free will.

Plus the usual age restrictions (you cannot raft under 13 and need some legally responsible person over 18 if you are under that age) and the agreement is binding on heirs and kin etc.

Don’t even ask about the skydiving waiver.