Booking terms

Waiver / Release

Location

Mo’orea or Tahiti, French Polynesia

Date(s)

Filled in with your expedition dates when you book

Activities

Which includes but is not limited to: Accommodation rental, ocean swimming, diving, snorkeling, boating and/or marine interactions. And hosted or guided land activities.

Acknowledgement

I, [your full name] (full name) of [your address] (address) acknowledge that participating in the above listed activities (the Activities) is dangerous and I will not participate in any Activities while under the influence of alcohol and/or drugs.

I acknowledge that I have sought prior medical advice (if I know and/or suspect that my physical condition may be incompatible) to ensure I am capable to participate within the Activities.

I acknowledge that the Activities are physically demanding and undertake that I am physically capable of walking, swimming, snorkeling, and getting in & out of the water unassisted, in order to participate within the Activities.

I acknowledge and understand that being in open waters to participate within the Activities can be dangerous and involves the risk of serious injury and/or death. I agree to such risks and I am willingly to participate within the Activities.

I hereby acknowledge and agree to fully assume all risks foreseen and unforeseen while in, entering and/or leaving the water to participate within the Activities.

I understand that due to the potential hazards, Robert King (at his sole discretion and/or the advice of other professionals (guide(s), divemaster(s), captain(s), and their employee(s) and/or agent(s) assisting in providing the Activities) reserves the right to remove me from the Activities (without refund).

I hereby release, waive and agree not to sue Robert King (and/or the guides, divemaster’s, captains, and/or their employees and agents) from all liability to myself, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any other claim or demands therefore on account of injury to my person or property or resulting in my death, now and forever, arising out of or related to participation in the Activities, whether caused by the negligence of the Releases or otherwise.

I hereby assume full responsibility for any risk of bodily injury, death, or property damage, now and forever, arising out of or related to participation in the Activities (whether foreseen or unforeseen and whether caused by the negligence of the Releases or otherwise).

I hereby separately agree to indemnify and save and hold harmless Robert King (and/or the guides, divemaster’s, captains, and/or their employees and agents) from any loss, liability, damage, or cost that they may incur, now and forever, arising out of or related to participation in the Activities.

In consideration of the services (if any) of Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) I agree to release, indemnify, and discharge Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that the Activities could result in physical and/or emotional injury, paralysis, death, or damage to myself, to property and/or to third parties.
2. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the Activities. The risks (which includes, but is not limited to) falling, collision, upset, striking obstructions or other people, the speed of travel for conditions, head injuries, equipment failure, weather conditions (including temperature exposure such as hypothermia, sunstroke, sunburn, heat exhaustion, dehydration and/or unforeseen attacks by sharks).
3. I acknowledge that Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) have difficult jobs to perform. They seek safety, but they are not infallible. They may be unaware of a participant’s fitness or abilities. They may misjudge the weather, the elements and/or the animals being encountered. They may give inadequate warnings and/or instructions, and the equipment being used may malfunction.
4. I acknowledge and promise to accept/assume all the risks existing in the Activities, with my participation in the Activities being purely voluntary, and I elect to participate within the Activities knowing the risks.
5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless, Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Activities and/or my use of the equipment of facilities, including any such claims which allege negligent acts or omissions of Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents).
6. If Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) or anyone acting on its behalf, be required to incur legal fees and/or costs, I agree to indemnify and hold them harmless for all such fees and costs.
7. I undertake that I have adequate insurance to cover any/all injuries and/or damage I may cause and/or suffer, or else I agree to personally bear the costs of any such injury and/or damage.
8. I further undertake that I have no medical or physical conditions which could interfere with my safety in the Activities, or else I am willing to assume and bear the total costs of all risks that may be created, directly or indirectly, by any such condition.
9. If I file a lawsuit against Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents), I agree to do so solely in the state of New South Wales, Australia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
10. I agree that if any portion of this document is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
11. By signing this document, I acknowledge that if anyone is hurt and/or property is damaged during my participation in the Activities, I may be found by a court of law to have waived my right to maintain a lawsuit against Robert King (and/or guides, divemaster’s, captains, and/or their employees and agents) based on any claim from which I have released them herein.
12. I have had sufficient opportunity to read this entire document.
13. I acknowledge and agree to having read and understood this entire document and agree to be bound by its terms.

You sign online when you reserve; a print copy is available on the booking page.