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Terms of Service & Liability Waiver

Last updated: July 2, 2026

Please read carefully. Freediving, breath-hold training, spearfishing, and open-water and boat activities carry inherent and serious risks, including drowning and death. By booking with Freediving Koh Samui you confirm you have read and accepted these terms and the assumption of risk below. Every participant also signs an in-person liability waiver and medical questionnaire before entering the water; that signed document forms part of this agreement.

1. Agreement to these terms

By accessing this website, booking a course or trip, or participating in any activity run by Freediving Koh Samui ("we", "us", "our"), you ("you", "the participant") agree to be bound by these Terms of Service. If you do not agree, do not book or participate.

2. What we provide

We provide in-person freediving instruction and guided experiences in and around Koh Samui, Thailand — including the Discovery experience, Apnea Total Level 1 and Level 2 courses, fun dives and coaching, the Static Apnea Clinic, and guided spearfishing trips. Certifications, where included, are issued under the standards of the relevant training agency (Apnea Total). We are not a retailer of digital products.

3. Booking & payment

  • You can book and pay online by secure card payment to confirm your seat, or message us to hold a spot and pay on the first day. No deposit is required either way.
  • Prices are shown in Thai Baht (THB) and include the equipment and services listed for each course or trip. Your bank may apply currency conversion fees.
  • Payments are processed by our payment providers (Stripe and/or Omise). We do not store your card details.
  • Prices may change over time; changes do not affect bookings already confirmed.

4. Cancellations, weather & refunds

Activities are weather- and sea-condition dependent. If conditions are unsafe we reschedule at no cost or refund in full. Cancellation windows and refund amounts are set out in our Cancellation & Refund Policy, which forms part of these terms.

5. Eligibility & medical fitness

Freediving places real demands on your body. You confirm that you are in good general health and able to swim and be comfortable in open water. You must truthfully disclose any relevant medical condition before participating, including but not limited to heart or circulatory conditions, respiratory conditions (including asthma), epilepsy or seizures, ear, sinus or lung problems, recent surgery, diabetes, or pregnancy.

If in doubt, obtain medical clearance from a doctor before booking. We may require a doctor's clearance and may refuse or stop participation, without refund, where we reasonably believe it is unsafe for you to continue or where you have withheld material health information.

6. Assumption of risk

You understand and voluntarily accept that freediving, static and dynamic breath-hold training, spearfishing, snorkelling, swimming, and travel by boat are inherently dangerous activities. Risks include, without limitation:

  • Shallow-water blackout, loss of consciousness, hypoxia, and drowning, which can occur without warning and can result in serious injury or death;
  • Barotrauma and pressure-related injury to the ears, sinuses, and lungs;
  • Marine life encounters, currents, waves, weather changes, and cold;
  • Equipment failure or misuse, and the risks of boat travel and entry/exit from the water;
  • The acts or omissions of other participants.

You participate of your own free will, with full knowledge of these risks, and you accept personal responsibility for them.

7. Your responsibilities & safety rules

  • Follow the instructor's directions and all safety briefings at all times.
  • Never freedive or breath-hold alone or unsupervised — always use the buddy system taught in the course.
  • Do not participate under the influence of alcohol or drugs, and disclose any medication you are taking.
  • Be honest about your experience, comfort, and ability in the water.
  • Use the equipment provided as instructed and report any concern immediately.

8. Minors

Participants under 18 require the consent of a parent or legal guardian, who must sign the liability waiver on their behalf and may be required to be present. Minimum ages apply to some courses; contact us before booking for a minor.

9. Release & limitation of liability

To the maximum extent permitted by the laws of Thailand, you agree that Freediving Koh Samui, its instructor, staff, and boat operators are not liable for injury, illness, death, loss, or damage arising from your participation, except to the extent directly caused by our gross negligence or wilful misconduct. Our total liability for any claim will not exceed the amount you paid for the relevant course or trip. Nothing in these terms excludes liability that cannot be excluded by law.

10. Indemnification

You agree to hold harmless and indemnify Freediving Koh Samui from claims, damages, losses, or expenses arising from your breach of these terms, your failure to follow safety instructions, or your misrepresentation of your health or ability.

11. Photos & video

We often take underwater and surface photos and video during sessions and share them with you. We may also use this media to promote Freediving Koh Samui. If you would prefer we do not use images of you publicly, tell your instructor before or during the session and we will respect that.

12. Website content

All content on this website — text, images, video, and code — is owned by Freediving Koh Samui or its licensors and is protected by copyright and other laws. You may not copy, redistribute, or reuse it without permission. The website may link to third-party sites whose content we do not control and are not responsible for.

13. Changes, governing law & severability

We may update these terms from time to time; the current version is always the one posted here. These terms are governed by the laws of Thailand, and any dispute will be resolved in the courts of Thailand. If any provision is found unenforceable, the remaining provisions continue in full effect. Together with our Privacy Policy and Cancellation & Refund Policy, these terms are the entire agreement between you and us regarding your use of our services.

14. Contact

Questions about these terms? Email Diego@freedivingkohsamui.com or message Diego Pauel on WhatsApp.


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