What should a Diving and Adventure Activity Agreement include under Thai law?

1. Definitions and Interpretation
2. The Activity
3. Eligibility
4. Medical Information
5. Safety Rules
6. Weather and Safety Cancellations
7. Emergencies
8. Risks of the Activity
9. Price, Payment and Cancellation
10. Liability and Equipment
11. Insurance
12. Photographs and Personal Data
13. Notices, Law and Disputes
14. General

• Check that the Operator's boat licences, national park permits and instructor certifications listed in Clause 2.2 are current. If the Operator also sells transport or sightseeing as a package, it may need a tour business licence.
• Give every Participant the medical questionnaire in Schedule 2 Part A. A "yes" answer means a doctor's written confirmation is needed before the Activity (Clause 3.2). Participants who do not want the Operator to keep their medical answers may show a doctor's confirmation instead (Clause 4.2).
• Have every Participant, not only the Customer, sign the acknowledgement of risks in Schedule 2 Part C before the Activity (Clause 8.1). The Customer cannot accept the risks on behalf of other adults.
• Give the safety briefing in English before every Activity and keep a record that it was given (Clause 2.5).
• For each Participant under 20, the legal representative signs the Agreement and the consent in Schedule 2, and stays with the minor or appoints a responsible adult in writing (Clause 3.5).
• Check each Participant's insurance certificate before the Activity (Clause 11.2).

• Forms that ask participants to give up all claims, including for injury caused by the operator's negligence, are common abroad but have no effect in Thailand. The Unfair Contract Terms Act B.E. 2540 (1997), section 8, and the Civil and Commercial Code, section 373, prevent a business from excluding in advance liability for death or injury caused by its negligence. This Agreement records that Participants accept the remaining inherent risks (Clause 8.1), while the Operator keeps its duty of professional care (Clause 8.2).
• A Participant whose own fault contributed to an accident may receive reduced compensation (Clause 10.2).

• If conditions are unsafe, cancel or change the Activity and refund in full or offer another date. No cancellation charge may be taken for a safety cancellation (Clause 6).
• The Customer may cancel free of charge up to … hours before the meeting time (Clause 9.2). No-show charges are penalties that a Thai court may reduce if they are disproportionate.

• Keep the emergency equipment and the contact details of the nearest hospital and hyperbaric chamber in Schedule 1 Part E up to date. Record every incident, the times and the actions taken.

• Ask for separate written consent before posting photographs or videos of identifiable Participants (Clause 12.2). Delete medical information within 90 days unless an incident occurred (Clause 4.3).

• Revenue officers may treat an activity booking as a hire of work (Instrument 4 of the Stamp Duty Schedule): 1 THB for every 1,000 THB or part of 1,000 THB of the price. On the price you entered, that would be the amount the system calculates from the figures entered, paid by the Operator. Ask your accountant how you treat these agreements.
• A VAT-registered Operator issues a tax invoice for each payment.

• Keep the signed Agreement, the questionnaire or record of the doctor's confirmation, the briefing record, equipment service logs, dive or activity logs and incident reports.
• A Thai court works in Thai. A certified Thai translation of this Agreement will be needed.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-095127. If you reuse this content, please credit the author and link to the original.