Aloha and welcome aboard! While in our care, your safety is our number one concern and trust it is yours as well. In order to ensure you have the greatest experience possible, we request that you:
1. Carefully read this Activity Release of Liability Form in its entirety. Let the staff know if you have any questions or concerns regarding any of its provisions before you sign it.
2. Please give our staff your undivided attention during the safety briefing given prior to the start of the tour. Let the captain know if you have any questions or concerns regarding the information given, location or use of on board safety equipment, the planned activity, your ability to physically participate in the planned activity, weather and sea conditions, or any other item of concern to you.
3. Promptly comply with all instructions given by the captain or crew during the tour.
4. Disclose to the Captain, prior to getting on the vessel, if you: a) are pregnant; b) have any medical conditions, injuries, physical conditions, or are taking medication that might affect your ability to physically participate in the planned activity; and/or c) require additional assistance getting on and off the boat dockside, as well as, moving about the vessel while underway. I Agree RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT By signing below, I certify I have been fully briefed on the inherent risks, hazards and potential dangers associated with the planned activity of boating on the high seas and snorkeling in the ocean.
Examples of risks inherent in these activities that I freely, voluntarily and knowingly agree to undertake includes: motion sickness; irregular and unpredictable movement of the vessel while on the open ocean or dockside prior to or after the tour; changing water flow, tides and ocean currents; open ocean swells, rogue or breaking waves, whitecaps and surface wind chop; strong and/or intermittent and/or shifting and/or gusty wind conditions; inclement weather; wave action and ships wakes; collision with other passengers, marine animals, or water craft; wet slippery surfaces and railings on the vessel that might result in a loss of balance; vessel collision, flooding, capsizing, sinking or grounding; ingestion of seawater; shallow water blackout; drowning; injury from being bitten, stung, poked or cut by marine animals, vertebrates, plants or coral including life threatening allergic reactions resulting fromthat contact; heat or sun related illnesses including sunburn, heat stroke, cramps and dehydration; fatigue, exhaustion and overexertion; and striking or being struck by moving equipment and machinery on the vessel; failure of the mast, sails, rigging, lines, sheaves and pulleys; being struck or hooked by weights, lures, hooks and gaffs when fishing gear is deployed; and injury from being bitten, stabbed, cut, struck by, or knocked over fish caught.
By signing below, I acknowledge and agree that I have read the foregoing carefully, in its entirety, and certify that I: a) freely and voluntarily accept its terms and conditions; b) knowingly waive my right to assert a claim and release Blueline Charters, Inc. Alihilani Yacht Charters, Inc., Clark Enterprises, Inc. and Iconoclast Ltd. from any and all liability for loss, injury, death or damages in any manner caused by, arising out of or related to any and all risks inherent in the planned activities; c) will defend, indemnify and hold Blueline Charters, Inc. Alihilani Yacht Charters, Inc., Clark Enterprises, Inc. and Iconoclast Ltd. harmless in the event a claim is asserted: i) by me, ii) on my behalf, iii) by anyone claiming by, through or under me, and/or iv) by third parties I have asserted a claim against. Today's Date: November 13, 2024 |