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DOLPHIN QUEST ENCOUNTER

WAIVER AND RELEASE

 

PLEASE READ THIS CAREFULLY

1. I have read, understand, and agree to abide by the rules of the Dolphin Quest Encounter. I am physically fit and able to participate in the Dolphin Quest Encounter activities (the Activities). I acknowledge that participating in the Activities may be hazardous, and that I am voluntarily participating in these Activities with full knowledge of the hazards involved. I assume any and all risks of injury, death, and property damage and loss resulting from my participation in the Activities.

2. I understand that Hotel lagoons in which Dolphin Quest Encounter activities take place are replenished by sea water drawn directly from the ocean, and may from time to time contain marine life species that pose risks of stings, bites and other injuries to participants in the Activities. I also understand that fish and animal behavior is influenced by many variables and may not be precisely predicted in all situations and circumstances.

3. In consideration of the permission granted to me by the Hotel to participate in the Activities, I, on behalf of myself and my heirs, distributees, guardians, legal representatives and assigns, hereby waive, and release and forever discharge the Released Parties (as defined below) from, any and all claims, demands, liabilities, torts, indebtedness, causes of action or claims for relief of whatever kind or nature, whether known or unknown, whether suspected or unsuspected, which I may have or which may hereafter be asserted against Resorttrust Hawaii, LLC, The Kahala Hotel & Resort, Resorttrust, Inc., Quest Consulting Services, LLC, Dolphin Quest Oahu Limited, any person holding a mortgage on the Hotels property, the Trustees of the Estate of Bernice Pauahi Bishop, and their respective partners, members, directors, officers, employees, agents, and representatives (the Released Parties), and any of them, resulting from or arising out of my participation in the Activities. I hereby expressly waive any and all rights conferred by law or by statute which provides that a release does not extend to claims which the claimant does not know or suspect to exist in his or her favor at the time of the execution of the release. This release shall constitute a complete defense to any claim, cause of action, defense, contract, liability, or obligation released pursuant to this release. Nothing in this release shall be construed as an admission (or shall be admissible thereof) by the Released Parties, or any of them, that any defense, indebtedness, obligation, liability, claim or cause of action exists which is within the scope of those hereby released. These waivers and releases shall be valid regardless of the cause of any injury, death or property damage, including the negligent act or acts of the Released Parties, or any of them. I also agree to hold harmless the Released Parties from any claims by third parties for death or injury of, or property damage to others resulting from my participation in the Activities.

4. I hereby consent to the unlimited use, including but not limited to the commercial advertising use, of any photograph of my participation in the Activities by Dolphin Quest Oahu Limited and their agents and affiliates.

5. If any provision of this document or the application thereof to any person or circumstance shall be unenforceable to any extent, the remainder and its application shall not be affected and shall be enforceable to the fullest extent permitted by law.

I HAVE CAREFULLY READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS DOCUMENT IS A WAIVER AND RELEASE OF LIABILITY.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
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*

Middle 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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