Today's Date: July 1, 2024 The person who is participating in zip line tours at Zip Isle at Botanical World Adventures (a DBA of BWA LLC) shall be referred to hereinafter as "PARTICIPANT". "THE UNDERSIGNED" means the PARTICIPANT and their respective heirs, executors, personal representatives, insurers, successors and assigns when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT'S parent or legal guardian when the PARTICIPANT is under the age of 18, and their respective heirs, executors, personal representatives, insurers, successors and assigns. In consideration of being allowed to participate in any way in the program, related events and activities (hereafter called the Program ), I, THE UNDERSIGNED, acknowledge, appreciate, and agree that: - The risks associated with strenuous physical exertion participating in all phases of the PROGRAM including the potential for falls, permanent paralysis, disability, INJURIES AND/OR DEATH may result from engaging in the PROGRAM. The risks include, but are not limited to: changing weather conditions, uneven, varying or rugged terrain, slipping, falling, the condition of the PARTICIPANT, dehydration; Equipment failure and/or malfunction of my own or others equipment; my own negligence and/or the negligence of others; Attack or encounter with insects, reptiles and/or animals; Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activities include but are not limited to risks of exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, exposure to animals with the risk of them kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death. The risks of injury or death created by the PARTICIPANT'S failure or refusal to abide by or follow instructions or warnings regarding proper use of the zip line tour facilities, proper footwear, clothing, and related instructions and warnings. THE UNDERSIGNED acknowledge and understand that the description of activities and risks listed above are not complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. By signing this release, THE UNDERSIGNED recognize that property loss, serious injury and death are all possible while participating in the PROGRAM. RECOGNIZING THE RISKS OF THE PROGRAM, THE UNDERSIGNED IN CONSIDERATION OF THE PARTICIPANT BEING ALLOWED TO PARTICIPATE IN THE PROGRAM, UNDERSTANDS AND EXPRESSLY ASSUME ALL RISKS OF THE PROGRAM, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE. I agree to wear and use as instructed any necessary safety equipment provided to me and recognize that failure to do so increases the potential for severe injury or death and absolves the RELEASEES from any liability whatsoever.
- PARTICIPANT KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Program.
- PARTICIPANT willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
- PARTICIPANT recognize that it may be necessary for the (RELEASEES) to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the (RELEASEES) right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the program. PARTICIPANT warrants and represents that they are in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
- By participating in or attending any activity in connection with this program, whether on or off the premises, PARTICIPANT consents to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
- THE UNDERSIGNED agree to HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BWA LLC (BWA), their affiliated organizations and companies, partners, licensors. and each of their respective insurance carriers, principals, agents, employees, representatives, assignees, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from, related to or connected with the PARTICIPANT'S participation in the PROGRAM, including those claims based on any RELEASED PARTY'S alleged or actual NEGLIGENCE.
THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the PROGRAM. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. In consideration for allowing PARTICIPANT to participate in the PROGRAM, THE UNDERSIGNED AGREE that ANY AND ALL legal actions shall be GOVERNED BY HAWAII LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT OR THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII. BWA requires that the PARTICIPANT use a helmet while participating in the PROGRAM. THE UNDERSIGNED understand and agree that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head or body, and that the PROGRAM can expose the user to forces that exceed the limits of protection provided by the helmet. THE UNDERSIGNED also understand that the helmet cannot guard against injury to the neck, spine or any other part of my body, and that these limitations are INHERENT RISKS of any activity in which a helmet may be used. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED agree that upon PARTICIPANT'S transport to any such medical facility or hospital that the RELEASED PARTY shall have no further responsibility for PARTICIPANT. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY for any medical costs and/or expenses incurred therein, or any claims originating therefrom. By signing this agreement without a parent or guardian's signature, the PARTICIPANT represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of a minor PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, successors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED. I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. |
