After years of designing, refining and negotiating swim and safety procedures with regulatory bodies, Dolphin Swim Australia was created in 2010 by Andrew Parker. This unique activity was originally designed as a dolphin assisted therapy program for children with autism. It then became an incredible tourism activity in which dolphins can choose to swim with humans, for a cohesive and symbiotic experience which brings no harm and only joy to both species!

The Marine Parks Authority NSW and NSW National Parks & Wildlife Service granted DSA’s permit, with many conditions, and only after stringent examination of DSA’s swim protocols and safety management. They also stipulated that independent researchers must confirm high levels of compliance with Australian cetacean approach laws. We are honoured to be the only permitted wild dolphin swim in New South Wales, and the first of it’s kind worldwide!

DSA was monitored for three years by Dr Carol Scarpaci, a leading authority and government adviser on dolphin and whale tour-boat operations. Her research showed unprecedented levels of compliance by DSA with Australian laws and regulations. These results confirmed that DSA never chases or harasses dolphins and that no harm comes to any dolphins as a result of this activity.

Dolphin Swim Australia Terms and Conditions

The Swim

(a)  DSA will make reasonable endeavours to maintain advertised details for The Swim but reserves the right to add, withdraw, substitute and/or vary advertised locations, prices and departure times for The Swim without notice for reasons of safety, security, or any other matter out of the reasonable control of DSA.

(b) All participants are required to arrive at least 30 minutes before the departure time. The departure time is 6.45am. Arrival after this time may result in the participants exclusion (at the sole discretion of DSA) from The Swim without refund.

(c) All participants must be aged between 7 and 70 years old unless approved otherwise by DSA management. Any participant under the age of 18 years must remain in the immediate presence and control of a supervising parent of guardian during The Swim and their participation will be subject to the authorisation of their parent or guardian.

(d) All participants must sign a Risk Warning. Each participant and where applicable, their parent or guardian, takes part in The Swim at their own risk.

(e) DSA in its absolute discretion reserves the right to exclude any participant from The Swim where that participant is disruptive, refuses to obey the reasonable directions of DSA, or in the reasonable opinion of DSA appears to be affected by alcohol or drugs. DSA reserves the right to exclude participants who are deemed too unfit or unhealthy for the activity.

(f) This is a wild dolphin experience and therefore DSA does not guarantee that the participants will successfully see or swim with dolphins on their tour.

(g) Swimmer participants who do not successfully swim with dolphins are eligible for a free return within 12 months time. Alternatively, swimmers can apply for a 50% refund that will be made to the same card used for booking.

(h) Observer participants who do not successfully see dolphins are eligible for a free return within 12 months time. Alternatively, observers can apply for a 50% refund that will be made to the same card used for booking.

(i) If Swimmers or Observers wish to take the 50% refund option, this must be requested within 7 days of the tour date.

(j) A swim or sighting is deemed ‘successful’ or ‘unsuccessful’ by DSA in its absolute discretion.


Payments and Bookings

(a) Payment for The Swim or a Gift Voucher is non-refundable and non- transferable except with prior written permission of DSA. Refunds will only be made to the participant who purchased The Swim from DSA.

(b) Participants can only change the date of The Swim up to seven (7) days prior to their booked tour date.  

(c) Payments made by credit card are subject to a non-refundable surcharge.

(d) All prices are quoted in Australia Dollars ($AU).

(e) Gift vouchers expire three years (36 months) from the date of purchase unless purchased through a promotional offer.

(f) Gift vouchers are not redeemable for cash.

Shark Shield (TM) Deterrent

(a) DSA employs the use of Shark Shield (TM) Deterrent on The Swim.

(b) DSA cannot provide advice about the suitability of this equipment in relation to any participant’s particular health concerns. It is the participant’s responsibility to satisfy any concerns they may have about their individual health circumstances and the use of an electromagnetic device. Visit the product website: http://www.sharkshield.com for information.

Restrictions on Photography and Release

(a) Participants may use cameras or other video recording devices above and in water but for safety reasons must immediately follow the directions of DSA staff.

(b) DSA is not responsible for any lost, damaged, or stolen equipment during its tours.

(c) All photographs and video recordings (“Images”) remain copyright to DSA. Images may be used for private or domestic purposes by the participant but must not be used for any commercial purpose without prior written consent from DSA.

(d) DSA, its authorised agents and contractors have the right to use images and videos taken during a tour for any purpose including, but not limited to, promotional material and marketing purposes. Images may be edited with other images, text, graphics, film, audio, audio-visual works and may be cropped, altered or modified without compensation or prior notice to any participant.


Cancellation by the Participant


(a) Where a participant wishes to cancel The Swim, all applications for cancellation:

i. Must be made in writing;

ii. Are charged at 50% of The Swim cost, when cancelling within 7 days of the booked tour.

iii. Are charged at 100% of The Swim cost, when cancelling within 48 hours of the booked tour.

iii. If a participant fails to arrive by departure time they are considered a cancellation and no refund will be given.

Cancellation by DSA

(a)  For safety or other reasonable reasons DSA may in its absolute discretion decide to cancel The Swim.

(b)  Where DSA cancels The Swim:
i. participants may re-schedule for a new Swim date within 12 months time; or

ii. Participants can receive a full refund (less credit card surcharge).

iii. Refunds must be requested within 7 days of cancellation notice.

iv. DSA will not be liable for any claim for additional expenses, travel expenses, out of pocket expenses or accommodation expenses relating to the cancellation.

Liability

(a) Any express or implied guarantees, warranties, terms or conditions relating to these terms or provision of services or products contemplated by these terms are excluded to the maximum extent permitted by law.

(b) Nothing in these terms excludes, limits or modifies any guarantee, warranty, term or condition imposed by any Law which cannot lawfully be excluded, limited or modified.

(c) To the extent permitted by section 139A Competition and Consumer Act 2010 (Cth) (“the Act”) DSA excludes its liability for:
i. death
ii. personal injury
iii. the contraction, aggravation, acceleration of a disease; and
iv. 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 in relation to an individual or community:
A. that is or may be harmful or disadvantageous to an individual or community; or
B. that may result in harm or disadvantage to an individual or community.

(d) The participant acknowledges and agrees that where any of the consumer guarantees under the Act apply to the services supplied by DSA, and the Act operates to prohibit a provision in this agreement excluding, restricting or modifying such consumer guarantees, then DSA to the fullest extent permitted by law, will be limited, at the option of DSA, to its liability in relation to:
i. services to:
A. supply of the services again; or
B. payment of the cost of having the services supplied again;

ii. products to:
A. replacement of the products or supply of equivalent products;
B. repair of the products;
C. payment of the cost of replacing the products or of acquiring equivalent products.

(e) Subject to clauses 7(a),7(b), 7(c) and 7(d) above, and to the maximum extent permitted by law DSA is not liable for any loss or damage to personal property, however arising including but not limited to:
i. Failure to follow directions of DSA, its officers, staff or agents; or
ii. Negligent act or omission of DSA, its officers, staff or agents.

(f) The participant acknowledges that they participate in The Swim at their own risk and to the extent that the law provides, waive, release and discharge all and any claim, right or cause of action however arising including from any negligent act or omission of DSA, its officers, staff or agents, whether or not presently ascertained, immediate, future or contingent, which they may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which they may suffer or sustain in the course of or consequent upon their participation in The Swim.

General


(a) A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force.

(b) The participant acknowledges that the laws of New South Wales apply to these terms and the participant submits to the non-exclusive jurisdiction of the Courts of New South Wales in relation to any dispute.

Tour Information

Meeting Time: 6.15am

Departure Time: 6:45am

Return Time: 11.00am

Where to Meet: Please meet at Dock C, d’Albora Marina, Teramby Road, Nelson Bay. Our staff will be waiting for you next to our large van (the dolfmobile) in the marina carpark!

Parking: The best free parking area is on ‘Laman Street’ which is a short 5-minute walk down to the marina. There is also metered parking at the marina carpark, where we meet. The meter only starts from 8:30am, so you will need to download their parking app and remember to buy a parking ticket while we are on the boat.

What to bring: Wear your swimmers, and bring a warm jacket, towel, water bottle and lots of enthusiasm! We also have plenty of sheltered room on the catamaran for bags.

What Happens Next: Upon arrival, you will be checked in and swim guests will be fitted with a wetsuit and harness (please wear your swimsuit under your clothes on arrival). Seasickness tablets will also be provided and are highly recommended! We will then board our vessel ‘Imagine’ and head offshore to the Port Stephens Great Lakes Marine Park. During this time, swim guests will receive training for the activity, including how to use their mask and snorkel. All equipment is provided and included in your swim ticket!

Champagne Brunch: A light brunch is provided for everyone on the tour, whether swimming or watching. This consists of croissants, breads, cereals, muffins, fresh fruit, cookies and a famous homemade slice by Adam’s mum! We also provide gluten and dairy free options. Water, tea and instant coffee are also available. We also love to celebrate with mimosas (champagne and orange juice) on our return home! If mimosas are not your vibe, the boats bar is always open for those wanting to purchase beer, wine, sodas, spirits etc! *Alcohol is only served to guests over 18.

Planning Your Trip: We highly recommend that you plan to spend at least a couple of days in Port Stephens, when coming for your wild dolphin swim. That way, you can be flexible with your booking if we need to move you to a better day due to weather. There are many other activities to enjoy while in the area, as well as 26 stunning beaches. For an abundance of information regarding the area including accommodation, activities, restaurants, etc please refer to www.portstephens.org.au, or give the Port Stephens Visitor Information Centre a call on 1800 808 900.

Seasickness: If you are worried about seasickness or have had a bad experience in the past it is recommended to take sea sickness medication for a few nights before your tour. We will also provide seasickness tablets the morning of your tour for those who would like it!

Season Dates: Our season kicks off at the start of October, and runs up until the end of April. Specific dates are available on our website.

Risk Warning

Civil Liability Act 2002 (NSW)

The Swim

Dolphin Swim Australia Pty Ltd ACN 138 208 081 atf Dolphin Swim Australia Unit Trust ABN 95 706 319 134 (“DSA”)

To be signed by each participant. If a participant is under 18 years of age this form must be signed on their behalf by a parent or guardian.

Your participation in the recreational activities supplied by DSA may involve risk. The risks may include injuries or death due to:

tripping, slipping, falling or other physical exertion;

use of marine craft and equipment and possible failure of that equipment;

exposure to the sun and adverse weather conditions;

exposure to the natural marine environment including ocean predators, bites & stings, motion sickness and drowning

Prior to undertaking any such recreational activity, you should ensure that you are aware of all of the risks involved, including those risks associated with any health condition you may have.

By participating in the Swim today I agree to do so at my own risk. I know that my agreement operates to exclude any liability in negligence for harm that I may suffer.

I acknowledge I have been warned that this recreational activity may cause physical harm to me or to someone under my control or accompanying me, and I confirm that I and anyone under my control have no condition, medical or physical, that could prevent me or anyone under my control from, or be aggravated by, participating in this activity.

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Printed Name

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Participant’s signature Date

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Medical conditions or disabilities

If you are under 18 years of age on the day this declaration is signed, the declaration must be signed by your parent or guardian. I warrant and certify that I am the parent or guardian of the child named below ("My Child") who will be under 18 years of age on the date of The Swim and he/she has my consent and is capable of participating in the The Swim. I confirm that I have read and understood the above declaration, warrant, waiver and release and that I agree, on behalf of My Child, to be bound by each of those conditions and having done so, I submit this voluntarily.

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Parent’s or Guardian’s signature Date

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Child’s Name