KOHALA DIVERS LTD
RIDER / SNORKELER RELEASE FORM
Participant agreement, release and assumption of risk:
This is a release of your rights to sue Kohala Divers Ltd., its employees, agents and boats (whether owned, operated, leased or chartered) for personal injuries or wrongful death that may occur during the forthcoming snorkeling/dive activities as a result of the released parties.
Please agree to each of the following sections:
1. I understand that snorkeling/diving has inherent risks and dangers associated therewith including, but not limited to, risks associated with equipment failure, being struck by surface craft, perils of the sea, acts of fellow divers/snorkelers and I specifically assume such risks of my snorkeling / diving activities whether foreseen or unforeseen.
2. I affirm that I am in good mental and physical fitness for snorkeling and that I am not under the influence of any drugs that are contradictory to snorkeling/skin diving. If I am taking medication, I affirm that I have seen a physician and have approval to snorkel/skin dive under the influence of the medication/drugs.
3. I will inspect all my equipment and the equipment that I am renting from Kohala Divers Ltd or its agents prior to the activity and will notify the above listed individuals if any of my equipment is not working properly. I will not hold Kohala Divers Ltd or any of its employees or agents responsible for my failure to inspect my equipment prior to swimming/snorkeling.
4. I also understand that sea conditions may change while we are en route or on site or at any time during the trip and that this is a function of the environment. I will not hold Kohala Divers Ltd, its employees or its agents responsible for sea conditions that are out of their control.
5. I acknowledge that Kohala Divers Ltd and/or its agents are providing transportation from the dock to a location for me to pursue my in-water activities, and that the captain and the mate or other agents or assigns, while assisting on board the vessel, are not providing me with protection from perils of swimming and snorkeling, and are not responsible for my safety while in the water.
6. I acknowledge that I am physically fit to swim and snorkel. I understand that snorkeling can be a physically strenuous activity and that I will be exerting myself during the snorkeling excursion. I will not hold Kohala Divers Ltd responsible for my safety while in the water.
7. I fully understand and am fully aware that the boat has limited medical facilities and that in the event of an illness or injury, appropriate medical care must be summoned by radio and that the treatment will be delayed until I can be transported to a proper medical care facility.
8. I will not attempt to breathe from a SCUBA regulator provided by a scuba diver while I am snorkeling, and I further understand that such activities can lead to severe injury or death.
9.I hereby grant permission to the rights of my image, likeness or video image without payment or any other consideration. Iunderstand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in marketing and advertising within an unrestricted geographic area.
10. COVID-19 Policy agreement: I attest that I am not currently ill, not showing symptoms, and not knowingly exposed to COVID-19 or like viruses in the past 14 days. I attest that I have completed any quarantines as required by Hawaii law. I acknowledge the responsibility of lasting lung damage to fellow scuba divers and dive staff if I lie and expose others to COVID-19. I agree to adhere to Kohala Divers, Ltd. Covid-19 policies and the State and County of Hawaii laws including our strict sanitation procedures, mask wearing, and social distancing policies. I release Kohala Divers Ltd, it's employees, agents and dive boats from liability in regards to the transfer of Covid-19 virus.
It is my intention to exempt and release KohalaDivers Ltd, its employees, agents and servants from all liability whatsoever for personal injury, property damage or wrongful death caused by the simple or gross negligence of the released parties.
I have informed myself of the contents of this information and release by reading it before I signed it on behalf of my myself or my heirs.
February 8, 2023