THIS IS AN
IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE SIGNING. BY SIGNING
THIS DISCLAIMER FORM, YOU ARE DEEMED TO HAVE ACCEPTED AND UNDERSTOOD AS BINDING
ON YOU ITS TERMS AND CONDITIONS AND ANY ACCOMPANYING RISKS, OBLIGATIONS AND
RESPONSIBILITIES. UPON AGREEING TO THE TERMS AND CONDITIONS CONTAINED IN THIS DISCLAIMER
FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND
This Agreement is
between a Member wishing to participate in Club Activities (which includes Spearfishing
and Underwater Hockey) and the Tweed-Gold Coast Freediving Club Inc ABN 48 605
570 540 (hereinafter ‘TGCFD’) which includes its organising committee members, other
club members and executive.
of a Member being permitted to participate in Club Activities the Member
acknowledges and agrees:
- TGCFD is in the business of providing recreational services that
relate to the sports of Spearfishing and Underwater Hockey (the “Club
RISK WARNING –
Voluntary Assumption of Risk
- The Member voluntarily participates in Club Activities at their
own risk and acknowledges that both Spearfishing and Underwater Hockey are
potentially dangerous activities.
- Prior to undertaking any Club Activities, the Member should ensure
they are aware of all of the risks involved, including those risks associated
with any health condition the Member may have.
- By participating in Club Activities the Member is at risk of “Harm”
- physical or mental injury (including the aggravation, acceleration
or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease;
- the coming into existence, the aggravation, acceleration or
recurrence of any other condition, circumstance, occurrence, activity, form of
behaviour, course of conduct or state of affairs:
- that is or may be harmful or
disadvantageous to the Member or the community; or
- that may result in harm or
disadvantage to the Member or the community
- Spearfishing - Inherent Dangers | Possible causes of Harm whilst
Spearfishing include, but are not limited to:
- Blackout: a major killer of breath-hold spearfishers. It is the result of
oxygen starvation at the end of a breath-hold dive.
- Boat / diver interactions: There is a risk of Harm from boat traffic. Harm
can occur from propeller strike. There is also the risk of spearfishers being
caught in currents and lost at sea. Refer to Marine Safety Queensland
(MSQ) [www.msq.qld.gov.au], Roads and Maritime Services NSW
(RMS) [www.rms.nsw.gov.au] or other applicable state government
website for information regarding safe boating and legal requirements for the
area. Always ensure weather conditions are
- Diver / diver interactions: Underwater fishing equipment such as
spearguns and pole spears have the potential to be extremely dangerous if not
handled properly. When multiple divers are in the water in close vicinity
together there is an increased risk that a speargun could discharge causing Harm.
Likewise, spearguns must be handled correctly out of the water as well.
- Marine creatures: The ocean has a diversity of marine life that
may harm humans. Sharks, crocodiles and fish may bite; stingrays and jellyfish
may sting (especially irukandji jellyfish and box jelly fish); some fish, sea snakes,
blue ring octopus and cone shells are venomous. Sharks and other fish can be
aggressive if speared such as bill fish and barracouta. If large species are
being speared there is also a risk of entanglement.
- Rockhopping / shore diving: Rockhopping /shore diving involves entering
and exiting the water from the shore, often from rocky headlands, and then
swimming in the sea, often around the head land. It presents some unique risks
for the spearfisherman. Sea conditions, tides, rips, surf, boat traffic are
just some risks associated with rock hopping.
- General health & fitness: As people of all ages and athletic
abilities pursue spearfishing consideration must be given to the fitness level
required for spearfishing. Spearfishing requires a measure of strength and stamina.
- Competence & Culture: Spearfishing is about hunting, learning fish
behaviour, reading conditions, identifying ‘signs’ and good ground etc. While
spearfishers need to utilize freediving it is a different sport to
‘competitive’ freediving. It can endanger spearfishers when the two sports are
discussed interchangeably without fully understanding the differences between
spearfishing and competitive freediving.
- Equipment: Having the right equipment whilst spearfishing is not only
important for comfort and functionality but also plays an important safety
role. Critical spearfishing gear includes mask, snorkel, wetsuit, weight belt,
fins, gloves and socks.
SPEARSAFE | for further information go to: www.spearsafe.webs.com
Hockey - Inherent Dangers | Although
Underwater Hockey is a limited-contact sport, there is a significant risk of
risks of Harm whilst playing Underwater Hockey include, but are not limited to:
injuries are typical sports injuries such as sprains, torn muscles and light
- More major
injuries might include deeper cuts, broken fingers, impacts to the head causing
concussion or dental trauma.
- There is
also a minor risk of life-threatening injury from being struck on the head with
the possibility of a major concussion and/or blackout underwater.
- There is an
obvious risk of drowning if knocked unconscious underwater.
- Mandatory personal
protective equipment needs to be worn to reduce injury risks (such as gloves,
mouth guards and ear guards).
- There is a
risk of pulmonary capillary stress failure (Hemoptysis) in some players.
WAIVER – WARNING
UNDER THE AUSTRALIAN CONSUMER LAW AND OTHER LEGISLATION
- Under the Australian Consumer Law,
several statutory guarantees apply to the supply of certain goods and services
- These Consumer Guarantees mean that
TGCFD is required to ensure that the recreational services (ie the ‘Club
Activities’) it supplies to Members must:
- be provided with acceptable care and skill or
technical knowledge and taking all necessary steps to avoid loss and damage;
- be fit for the purpose or give the results that the
Member and the TGCFD had agreed to.
- Under the Australian Consumer Law and
in some states, other legislation, TGCFD is entitled to ask the Member to agree
that these Consumer Guarantees do not apply to the Member.
- If the Member participates in Club
Activities by submitting this form, the Member will be agreeing that their
rights to sue TGCFD under the Australian Consumer Law, and other legislation,
if they suffer Harm because the services provided were not in accordance with
these Consumer Guarantees, are excluded, restricted or modified in the way set
out in this form.
- The change to a Member’s rights, as
set out in this form, does not apply if their death or injury is due to gross
negligence on the TGCFD’s part. Gross negligence, in relation to an act or
omission, means doing the act or omitting to do an act with reckless disregard,
with or without consciousness, for the consequences of the act or omission.
- Under the Australian Consumer Law only consumers
who are 18 years of age or older are able to sign recreational services’
waivers: accordingly, this Disclaimer Form does not attempt in any way to
exclude the consumer guarantees when it comes to minors, does not exclude or
modify their consumer rights; and does not ask a parent or guardian to sign a
waiver on their behalf excluding consumer guarantees.
RELEASE AND INDEMNITY
- The Member, to the extent permitted by
- By signing this Disclaimer Form, the
Member agrees that the liability of the TGCFD in relation to the Club
Activities for any Harm that may be suffered by a Member resulting from the
supply of the recreational services is excluded.The
Member acknowledges and agrees that the above provision operates to exclude the
liability of TGCFD as a result of a breach of an express or implied warranty
that the recreational services will be rendered in accordance with Consumer
Guarantees pursuant to the Australian Consumer La
- Releases and forever discharges the TGCGD
from all action, suit, proceeding, claim, demand, damage, penalty, cost or
expense however arising from or in connection with any Club Activities (Claims)
that a Member may have or may have had but for this release arising from or in
connection with a Member’s participation in the Club Activities;
- Release and indemnifies the TGCFD against
any Claim which may be made by a Member, or on a Member’s behalf, for, or in
respect of, or arising out of, a Member’s death whether caused by the
negligence or breach of contract by TGCFD or in any other manner whatsoever;
- Indemnifies, and will keep indemnified
and hold harmless, the TGCGD to the extent permitted by law in respect of any
Claim made by a Member, or on a Member’s behalf:
arising as a result of, or in
connection with, a Member undertaking Club Activities; and
- against TGCFD in respect of any
injury, loss or damage arising out of or in connection with a Member’s failure
to comply with TCGFD rules or directions, save that the above releases and
indemnities shall not apply to the extent that the loss, damage or injury that
is the subject of the Claim is caused, or contributed to, by grossly negligent
acts or omissions by TCGFD.
- The Member attests that prior to undertaking any Club Activities they:
- are and must continue to be medically and physically fit, enjoying
good health, and have sufficient expertise for participation in Club Activities;
- are not a danger to themselves or to the health and safety of
- have not at any time suffered any blackout, seizure, convulsion,
fainting or dizzy spells;
- are not presently receiving treatment for any condition, illness,
disorder or injury which would render it unsafe for them to take part in the Club
Activities (a ‘Pre-Existing Medical Condition’).
- The Member acknowledges that they
must, and the Member agrees they will, disclose any Pre-Existing Medical
Condition or other condition that may affect the risk that either the Member or
any other person will suffer Harm. The Member acknowledges that TGCFD relies on
information provided by the Member and that all such information is accurate.
- A Pre-Existing Medical Condition
Any medication taken on a regular basis either over-the-counter or prescribed by
and Mood Conditions: Current or history of mental illness
or mood disorder including, but not limited to schizophrenia, paranoid
disorder, bouts of hysteria.
Conditions: Including, but not limited to any history of
seizure disorder, stroke, brain surgery, repeated blackouts or fainting fits,
severe migraine headaches, or aneurysm of the brain’s blood vessels.
Conditions: Including, but not limited to heart attack,
heart surgery, irregular heartbeat, pacemaker, uncontrolled elevated blood
Conditions: Including, but not limited to asthma, history
of spontaneous collapsed lung, collapsed lung due to injury, cysts or air
pockets of the lungs, sever damage to lung tissue, emphysema, any lung problem
which interferes with your ability to breathe.
- Ear, nose and throat Conditions:
Including, but not limited to tumor, polyps, or cyst of the sinus cavities or
nasal passages, major sinus surgery, persistent sinus infection, permanent
holes of the eardrums, history of ruptured eardrum, permanent tupes in
ear-drums, severely impaired hearing or hearing loss in one or both ears, major
Condition: Including, but not limited to severe myopia,
contact lens, retinal detachment, eye surgery.
Mellitus: Type I Diabetes (Insulin dependent) or Type
II Diabetes, which requires Insulin or oral medication for control. Any form of
Diabetes that is unstable, “brittle” or produces episodes of hypoglycemia (low
blood sugar reactions), hyperglycemia (extremely high blood sugar with ketosis)
or there is related kidney disease, eye disease, heart disease or blood vessel
- Freediving / Scuba Diving History:
Including, but not limited to previous history of a diving accident, severe
blackout, decompression sickness, decompression of the inner ear of air,
reverse block, lung squeeze, any lung squeeze producing pink foam, pulmonary
- General Medical Problems:
Any physical and/or emotional condition not mentioned that might affect your
safety in an underwater environment or affect your judgment under times of
physical or emotional stress.
If you are presently pregnant.
- The Member will not, whilst participating in Club Activities,
consume or otherwise take in substances or do things that will adversely affect
the Member’s physical or mental ability, capacity or judgement.
- TGCFD reserves the right to refuse the Member, without limitation,
participation in Club Activities and at any time may withdraw its consent for
the Member to participation in Club Activities.
- Before submitting this Disclaimer Form the Member has read and
fully understands its meaning and that the Member, by submitting this Disclaimer
Form, may be giving up important legal rights.
- If the Member does not understand this
form, or does not agree to be bound by the provisions of this Agreement, the
Member should not participate in Club Activities.
- If anything in this Disclaimer Form is unenforceable, illegal or
void then it is severed and the rest of this Disclaimer Form remains in force.
The terms of this Risk Waiver are governed by the laws of Queensland,
- If the Member requires clarification
or assistance regarding the contents of this Disclaimer Form or how to safely
undertake the Club Activities, please contact the TGCFD prior to undertaking
any Club Activities.