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It is a prerequisite that all FREEDIVE GEELONG (GNOMAD) participants in courses, workshops, training sessions and excursions accept the conditions 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 FREEDIVE GEELONG (GNOMAD) I understand and agree that neither FREEDIVE GEELONG 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 FREEDIVE GEELONG or as a result of the negligence of any party, including the Released Parties whether passive or active.

 

In consideration of FREEDIVE GEELONG 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 contraindicatory to freediving, snorkelling or boating. I declare that if requested because 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. You must complete this form, sign, and scan it and return it via email to GNOMAD1@OUTLOOK.COM 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.

 

 

3. SEVERABILITY 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 FREEDIVE GEELONG (GNOMAD) activities and to abide by any decision of a FREEDIVE GEELONG (GNOMAD) representative relative to my ability to safely participate in the activity. I agree to always exhibit appropriate behaviour and to obey all laws. FREEDIVE GEELONG (GNOMAD) 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 FREEDIVE GEELONG (GNOMAD) 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 all photographs, motion pictures, recordings, or other records of the FREEDIVE GEELONG (GNOMAD) activity or activities I may take or capture to FREEDIVE GEELONG (GNOMAD). (Participants who are under 18 years of age must provide evidence of consent by a parent or guardian.)

 

6. 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 FREEDIVE GEELONG (GNOMAD). RENTOR understands that FREEDIVE GEELONG (GNOMAD) 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 because 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.

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I HAVE CAREFULLY READ AND UNDERSTAND THE ABOVE AGREEMENT. BY ACCEPTING THIS AGREEMENT, I EXEMPT AND RELEASE FREEDIVEGEELONG, 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.

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SIGNED _______________________________________ PRINT NAME ____________________________

DATE________________________

 

7. 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 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 License and/or Credit Card will be held as security against all rental 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.

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8. 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.

 

Payments 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: 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 Cancellations A company or individual may cancel a booking or by submitting a WRITTEN NOTICE via email to GNOMAD1@OUTLOOK.COM Payments received are subject to the following cancellation conditions: Courses, Workshops and Programs · All fees are non-refundable. Refunds are only available if a cancellation is actioned by FREEDIVE GEELONG (GNOMAD) due to unplanned or unforeseen circumstances.

 

These programs are highly time intensive for our team and provide for very limited places. Once you have made a payment and it has been received you cannot ask for your money back under any circumstances. It is for this reason you are highly recommended to purchasing dive trip insurance to cover you in case of an unforeseen need to cancel. · If you would like to request a change of date or suspend your booking, you may request to do so within 1 month but more than 7 days before the scheduled starting date of the booking. You may suspend your booking for up to 12 months, after which it is forfeited. A $100 re-booking fee will apply. · If you would like to request a change of date within 7 days before the scheduled starting date of the booking, a 100% cancellation fee will apply to any company or individual. A cancellation fee will be based on the full cost of the booking at time of purchase.

 

Training and Tours / Excursions · If cancelled more than 7 days before the scheduled starting date of the booking, a 10% service fee will be required by the company or individual 8 | P a g e · If cancelled within 7 days of the scheduled starting date of the booking, a 50% cancellation fee will be 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. 

 

In the circumstance that FREEDIVE GEELONG (GNOMAD) must cancel an experience due to unforeseen circumstances for example foul weather or forecasted foul weather, community safety or health directive, then participants will be offered the choice of a new date for the booking, a voucher to use for a future booking of your choice, or a refund.

 

Requests for Rescheduling – Tours, Excursions, Training 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. No Shows 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. 

 

Reimbursements FREEDIVE GEELONG (GNOMAD) reserves the right to cancel a booking at any time. If that is to occur, we will refund the booking fee(s). In very exceptional circumstances, a booking may be cancelled by FREEDIVE GEELONG (GNOMAD) 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. FREEDIVE GEELONG (GNOMAD) will take all reasonable endeavours to provide notice to customers in the event of booking cancellation.

 

Late Arrivals We ask that you please arrive at least 15-25 minutes prior to booking start times. Late arrivals are a disruption to guests and participants that have arrived on time as well as a disruption to service delivery and scheduling. Course Late Arrivals In the event of late attendance, bookings will begin at the scheduled time. Under no circumstances does an experience wait for a late Participant. Late Participants may not be allowed onto the booking or may miss it entirely. Tour and Excursion Late Arrivals All boat departures leave at the scheduled time and cannot wait for or accommodate late arrivals. If a company or individual is late for the scheduled departure time of the booking, it is considered a “No Show”, and the company or individual will incur a 100% cancellation fee. Re-bookings are not available in this instance. All refunds and cancellation fees will be administered at the sole discretion of FREEDIVE GEELONG (GNOMAD) 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.

 

9 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. Supplier Contact: FREEDIVE GEELONG 0401 108 781 Gnomad1@outlook.com Point Lonsdale 3225 Please include your name, contact number and booking reference in all communications for timely response

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SIGNED_____________________________ PRINT NAME ____________________________________

DATE ________________________________

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