Please read carefully and tick each of the following after reading if you agree:
I Agree I accept: (a) for use as is the equipment listed in the accompanying form, (b) full and sole responsibility for the care of the equipment while in my possession, (c) full and sole responsibility for the replacement at full retail value of any equipment not returned (d) to not allow the use of this equipment by others.
I Agree I agree that: (a) the equipment is solely for recreational use, is not intended or guaranteed to ensure my personal safety in or near the ocean and shore and is not a substitute for being a strong swimmer in good physical condition; (b) I have received adequate instruction about and fully understand the proper use and function of the equipment; (c) I will use the equipment in a reasonable and safe manner and only for its intended use; (d) I will personally examine the equipment prior to each use; (e) if at any time the equipment is damaged or not functioning properly, I will stop using it immediately and I will return it; (f) I will not turn my back on the ocean, I will be vigilant and use common sense and good judgement at all times.
I Agree I understand that: (a) participation in activities and/or use of equipment in or near the ocean, shore, beach, roadways or off road poses inherent and other risks of PERSONAL INJURY, PARALYSIS, and DEATH; (b) dangerous conditions may exist or arise at any time without warning, including high surf, strong waves, large isolated or rogue waves, reef and shore break, waves breaking in shallow water, changing tides, strong currents, and/or rip currents, undertows, wind/and or strong winds and adverse weather conditions; (c) I may suffer heat and weather exposure, dehydration, extreme exertion, motion sickness, sunburn, loss of consciousness, heart attack, panic, hyperventilation, difficulty breathing, water inhalation, physical and psychological stress, migraines, seizures, pulmonary edema, eye, ear and sinus trauma, contact with marine life, collision with buoys, rocks debris, reefs, shores, boats, equipment, other persons or equipment, bruises, bites, cuts, contusions, burns, sprains, strains, fractures, permanent scars, disfigurement, concussions, eye injury, paralysis, surfers myelopathy, and/or death and (d) the above described risks are not complete and other risks or events that are known or unknown anticipated or unanticipated, may result in serious bodily injury and/or death.
I Agree I certify that: (a) my use of the equipment and/or participation in an activity is purely voluntary; (b) I am in good physical health; (c) I am physically able to use the equipment and/ or participate in the activity safely; (c) I have chosen to use the equipment and/ or participate in an activity having full knowledge of the risks, and shall obey all laws, including traffic laws; (d) I expressly assume all risks of INJURY, PARALYSIS, AND DEATH THAT MAY OCCUR TO ME OR TO OTHERS as a result from use of the equipment or participation in activities in or near the ocean, shore, roads, off roads, hills or mountains.
I Agree I hereby agree to: (a) hold harmless, defend and indemnify Skim Kids Hawaii LLC, and its affiliates and subsidiaries, and each of their respective employees, officers, directors, owners, agents, contractors, or assigns and the equipment manufacturers and distributors (collectively the Released Parties) for any and all claims for personal injury, death or property damage related to use of the equipment or participation in an activity and (b) FULLY RELEASE the Released Parties from any and all claims based on negligence, breach of warranty, strict liability contract or other legal theory, and for damages for injuries related in any way to the selection, maintenance, adjustment or use of the equipment and/ or participation in an activity.
I Agree This agreement is governed by Hawaii Law, without regard to conflict of laws provisions, and venue of any dispute that relates to or arises out of this agreement or otherwise between the parties shall be the Second Circuit Court, State of Hawaii. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.
I Agree I UNDERSTAND THIS IS A LEGALLY BINDING AND ENFORCEALE DOCUMENT ON ME, MY CHILDREN, MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE AND ESTATE.