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LIABILITY WAIVER, RISK WARNING & PARTICIPANT DECLARATION

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Important Notice to Passengers

This document contains important information regarding the risks involved in participating in activities provided by Whitsunday Paradise Explorer.

By signing this form, you acknowledge and accept these risks, and you agree to the terms and conditions outlined below.

1. ACKNOWLEDGMENT OF RISK

I understand and acknowledge that participation in marine activities, including but not limited to boating, snorkeling, swimming, shore excursions and wildlife encounters, involves inherent risks.

  • Changing weather and sea conditions.
  • Risks of drowning, injury, or marine life interactions.
  • Slips and Trips when ashore.
  • Potential for equipment failure or boat-related incidents.
  • Risks associated with my own physical health and fitness.

I voluntarily assume these risks and agree to take responsibility for my own safety.

2. RELEASE OF LIABILITY & WAIVER

Under Section 139A of the Competition and Consumer Act 2010 (Cth), Whitsunday Paradise Explorer is permitted to limit its liability for certain recreational services.

To the extent permitted by law, I agree that Whitsunday Paradise Explorer, its owners, employees, agents, and affiliates:

  • Are not liable for any injury, loss, or damage arising from the inherent risks of participation.
  • Are not responsible for any pre-existing medical conditions that may be aggravated by participation.
  • Limit liability for services provided under Australian Consumer Law, except where otherwise required by law.

I understand that this waiver does not exclude my rights under Australian Consumer Law in cases where liability cannot legally be excluded.

3. MEDICAL & SNORKELING DECLARATION

I declare that:

  • I am physically fit and have no medical conditions that would prevent me from safely participating in activities.
  • I will notify the crew if I have any medical conditions, including but not limited to asthma, heart conditions, epilepsy, or pregnancy.
  • I understand that snorkeling involves risks, including water inhalation, hypothermia, or marine life encounters.
  • I will follow all safety instructions provided by Whitsunday Paradise Explorer.

If you have any medical conditions that may affect your participation, please inform the crew before departure.

4. RISK WARNING (PROVIDED POST-CONTRACT)

NOTICE TO PASSENGERS: This document is provided for informational purposes. It does not introduce new terms and conditions beyond those agreed to at the time of ticket purchase. The liability limitations stated above apply to all activities during this tour.

By signing below, I confirm that:

  • I have read and understood this document.
  • I voluntarily agree to the terms and conditions.
  • I acknowledge that I am responsible for my own safety during participation.

Passenger Details & Signature

By completing the details below and submitting this form, I confirm that I have read and understood the above information. I agree to the terms and conditions outlined in this waiver and declare that the information I am providing is true and correct to the best of my knowledge. If I am signing on behalf of a participant under the age of 18 or someone under my care, I confirm that I am the legal parent or guardian and I give consent for their participation in all activities conducted by Whitsunday Paradise Explorer. I accept responsibility for ensuring they understand and comply with all safety instructions.
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