Kohala Divers and Siren Sportfishing
COMPLETE LIABILITY RELEASE
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH Whale watching and riding along on a boat including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS.
I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I assert that I am physically fit to snorkel and ride on a boat and I will not hold the vessel Kohala Diver or the Reel Screamer and/or Kohala Divers or Siren Sport fishing or their employees, agents or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat or otherwise participating in the trip.
I fully understand that the vessel Kohala Divers or the Reel Screamer has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
Kohala Divers and Siren Sportfishing and vessel Kohala Diver and the Reel Screamer have made no representations 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 Kohala Divers or siren Sportfishing or vessel Kohala Divers or the Reel Screamer their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.
I agree to forever discharge and release Kohala Divers and Siren Sportfishing, vessel Kohala Diver or Reel Screamer its employees and agents, the owner(s) of Kohala Divers or Siren Sportfishing, vessel Kohala Diver or Reel Screamer , and affiliates, from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any NEGLIGENCE or other liability, EVEN IN CASES OF GROSS NEGLIGENCE. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any snorkeling and/or fishing activities with or involving the released parties.
I hereby grant permission to the rights of my image, likeness or video image without payment or any other consideration. I understand 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.
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.
I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
December 8, 2023