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Charter Boat, Fishing, Rider and
WaterSports
Assumption of Risk and Complete of Liability

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO GIVE UP ALL OF MY RIGHTS TO SUE NA PALI EXPERIENCE, LLC / NPX, LTD / NA PALI PIRATES, LLC, ITS EMPLOYEES, ITS AGENTS, OTHER ASSOCIATED PERSONEL, AND ALL OF ITS BOATS (WHETHER OWNED, OPERATED, CONTROLLED, BORROWED, LEASED, CHARTERED OR OTHERWISE) HEREINAFTER REFERRED TO AS THE RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE. I AM SIGNING THIS RELEASE IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITY CONDUCTED, SPONSORED OR OTHERWISE AFFILIATED WITH THE RELEASED PARTIES.


I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, FISHING, AND WATERSPORTS ACTIVITIES, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including marine animal bites), acts of fellow paticipants, entering or exiting the water, boarding or disembarking boats, injuies caused by fishing equipment, activities on the docks and I HEREBY ASSUME EACH AND EVERY SUCH RISK WHETHER SPECIFICALLY LISTED HEREIN OR NOT AND WHETHER FORESEEABLE OR NOT. IT IS MY INTENTION THAT THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE AND IN FAVOR OF THE RELEASED PARTIES.


I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I assert that I am physically fit to fish, swim, snorkel and ride on a boat in all sea conditions In addition to any related watersports activities and transfers from boat to boat including tenders and I will not hold the released parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while fishing, riding on the boat, swimming or participating in watersports activity or transfer from boat to boat or otherwise participating in the trip, regardless of whether the injury is foreseeable or not. I specifically promise not to sue or bring claim for any injuies which occur as a result of rough seas or damage to my person as a result of being at sea, including but not limited to back injuries, neck injuies, spine injuries or death.

I fully understand that the involved vessel has limited medical facilities and that in the event of illness or injury appropiate medical care must be summoned by radio and treatment will be delayed significantly until I can be transported to a proper medical facility. I agree in advance to these conditions.

I FULLY UNDERSTAND that Na Pali Experience, LLC, NPX, LTD, & Na Pali Pirates,LLC prohibits any guests from their tours with bad backs, necks, joints, heart issues, or other fragility issues, including pregnancies, recent surgeries, etc, which is also part of the policy agreement process upon booking. 

The paticipating dive/watersports store and/or boat(s) and/or affiliated personnel have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold THE RELEASED PARTIES, their owners, operators, crew, dive boats, passengers or insurers responsible for their actions in attempting the performance or rescue or first aid or for anything else which may occur duing the course of the excursion, including pre-boarding and post disembarkation.


IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE NA PALI EXPERIENCE, LLC / NPX,LTD , their employees, their agents, OTHER ASSOCIATED PERSONEL, and their boats (whether OWNED, operated, leased or chartered), AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FROM PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH FISHING, SWIMMING, SNORKELING, RIDING AND ALL OTHER BOATING ACTIVITIES, INCLUDING BUT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself my heirs and my personal representatives. This document constitutes the final and entire agreement between Na Pali Experience, LLC / NPX, LTD / Na Pali Pirates, and the undersigned. There are NO WARRANTIES or PROMISES express or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND LEGALLY BINDING CONTRACT. I AM GIVING MY SOLEMN PROMISE NOT TO FILE SUIT OR BRING CLAIM AGAINST THE RELEASED PARTIES FOR ANYTHING THAT MIGHT HAPPEN TO ME AND THIS RELEASE IS TO BE CONSTRUED AS BROADLY AS POSSIBLE.

By signing this waiver, all participating swimmers and / or snorkelers self certify themselves to the assured that they are capable to tread water for at least 30 minutes unassisted. 

I have read this agreement, am aware that it is a release of liability and contract between myself and the released parties. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.


This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Releases and, for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or paticipation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW.

 

GRATUITY NOT INCLUDED

 


First Passengers Name

First Name*

Last Name*

Phone*
First Passengers Date of Birth*
First Passengers Signature*
Second Passengers Name

First Name*

Last Name*
Second Passengers Date of Birth*
Third Passengers Name

First Name*

Last Name*
Third Passengers Date of Birth*
Fourth Passengers Name

First Name*

Last Name*
Fourth Passengers Date of Birth*
Fifth Passengers Name

First Name*

Last Name*
Fifth Passengers Date of Birth*
Sixth Passengers Name

First Name*

Last Name*
Sixth Passengers Date of Birth*
Seventh Passengers Name

First Name*

Last Name*
Seventh Passengers Date of Birth*
Eighth Passengers Name

First Name*

Last Name*
Eighth Passengers Date of Birth*
Ninth Passengers Name

First Name*

Last Name*
Ninth Passengers Date of Birth*
Tenth Passengers Name

First Name*

Last Name*
Tenth Passengers Date of Birth*
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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