FREEDIVING RISK WAIVER AND RELEASE OF LIABILITY

The following pages affect your legal rights and obligations. Please read these carefully and only agree to the terms if you fully understand their contents.

By signing this form, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined below.

Provider: No Ripples Pty Ltd, trading as Michaela Werner Freediver

Description of Activities: Pool, depth, and other open water breath-hold diving, and associated activities including but not limited to yoga, weight training, stretching and ice baths. The activities may be conducted either in person or via online courses.

1. Acknowledgment of Risks

I, the undersigned, hereby acknowledge that freediving (breath-hold diving) involves inherent risks, including but not limited to: 

  • Physical, bodily or psychological injury or death.
  • Physical exertion to which I am not accustomed.
  • Failure of equipment or use of inadequate equipment.
  • There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
  • The conditions in which the activities are conducted may vary without warning.
  • I may cause injury to other persons and/or other persons may cause injury to me.
  • I may be injured or die due to negligence, breach of contract or breach of statutory duty or guarantee of the provider.

I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.

I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.

I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.

I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).

2. Health and Fitness Declaration

I declare that I am medically and physically fit and able to participate in the Activities. I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.

3. Assumption of Responsibility

I voluntarily assume full responsibility for my safety while participating in any freediving activities. I agree to follow all safety instructions, guidelines, and practices provided by my instructor or guide, including but not limited to depth limits, breath-hold limits, and buddy system protocols.

4. Release of Liability

I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims, including those of third parties.

5. Emergency Medical Treatment

I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

6. Insurance

I understand that it is my responsibility to obtain adequate travel, medical, and diving insurance coverage. I confirm that I have or will arrange for such insurance before participating in freediving activities.

7. Voluntary Participation

I acknowledge that I am voluntarily choosing to participate in freediving activities and that I have read and understood the risks involved. I also confirm that I am not under the influence of alcohol or drugs, and I have not been coerced or pressured into participating.

8. Governing Law

This waiver and release shall be governed by and construed in accordance with the laws of New South Wales, Australia.


Effective date: 31. January, 2025