1. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELING AND SWIMMING, including but not limited to equipment failure, deep water or shoreline currents, tidal currents, ocean surge, high swells and waves, breaking surf, riptides, rocks, or other perils of the sea, acts of other participants, adverse sea and weather conditions and I HEREBY ASSUME SUCH RISKS.
2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND ANY PERSONS IN MY IMMEDIATE CARE AND I AGREE TO DO SO.
3. I understand that swimming and snorkelling in ocean waters carries the risk that I may sustain serious or fatal injuries from marine life forms such as sharks of various species, jellyfish, sting rays or skates, cone shells, sea urchins, various other species of corals & many other types of venomous marine flora & fauna.
4. I assert that I am physically fit and able to snorkel and swim in the ocean and able to enter and exit the water using a swim ladder, and I will not hold Rottnest Express or its employees, agents, or other associated personnel responsible whatsoever if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while snorkelling, swimming, entering or exiting the water or otherwise participating in the tour.
5. If while on the snorkel tour I become distressed or uncomfortable at any time, I will immediately signal for assistance.
6. I fully understand that the snorkel tours have no medical facilities other than first aid and that in the event of illness or injury, the only available medical care must be summoned by telephone / marine radio or other means and treatment will be delayed until I can be transported by a third party to a proper medical facility. Rottnest Express has no affiliation with any medical facility. I agree in advance to these conditions.
7. In the event I show signs of distress, discomfort, or call for aid, I would like assistance and will not hold Rottnest Express, its associates, or staff responsible for their actions or inactions and completely release each of them for any act related to perform any rescue or first aid.
8. I agree to forever discharge and release hold Rottnest Express, its employees, agents, or other associated personnel (collectively the "Released Parties") from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or sue any of the released parties for injuries or damages, whether they arise from any negligence or other act or failure to act. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the Released Parties for any and all causes of action arising as a consequence of any incidents which might occur in any way related to my participation in any snorkelling and or swimming activities.
9. I am not under the influence of drugs or alcohol. I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me. I intend my signature to be a complete and unconditional release of all liability to the fullest extent allowed by law. I have had the opportunity to personally discuss with a representative the potential dangers incidental to engaging in the activities of snorkelling and swimming.