I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELING, SAILING, WHALE WATCHING AND BOATING, including but not limited to equipment failure, personal property damage, property theft, perils of the sea, acts of other participants and adverse sea and weather conditions and in extreme cases drowning and/or death, and I HEREBY ASSUME SUCH RISKS.
I UNDERSTAND THAT I HAVE A DUTY TO REORT ANY PRE-EXISTING CONDITIONS THAT COULD INTERFERE OR PREVENT MYSELF FROM SAFLEY PARTICIPATING. I AGREE TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY.
I assert that I am physically fit to ride on a boat and I will not hold SEA MAUI LLC, FUN Charters Inc, Maui Catamaran LLC, or their employees and officers, and all Sea Maui affiliates, including without limitation employees and officers and owners, now existing or that may hereafter exist (each, a "Releasee" and collectively, the "Releasees") or other associated personnel responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while snorkeling, riding on the boat or otherwise participating in the trip.
I assert that I have no pre existing medical conditions which will prevent me from participating in all activities I volunteer to participate in while aboard a Sea Maui vessel. I UNDERSTAND THAT ANY PRE EXISTING MEDICAL CONDITIONS HAVE BEEN CLEARED BY MY DOCTOR OR PHYSICIAN IN ORDER TO PARTICIPATE IN THE ACTIVITIES OFFERED BY SEA MAUI. These pre existing medical conditions include, but are not limited to, heart attack, stroke, are currently pregnant, allergies, diabetes, etc.
COVID-19 and other illness-
I understand that the risks of contracting COVID-19 and other illness while partaking in this activity may be increased. Sea Maui LLC, Fun Charters Inc, & Maui Catamaran LLC will not be held responsible for any medical expenses or damages sought due to ANY illness possibly contracted during my activity. I understand that I'm waiving all legal recourse against Sea Maui LLC, Fun Charters Inc, & Maui Catamaran LLC and participating in this activity entirely at my own risk.
I fully understand that SEA MAUI LLC & FUN Charters Inc, & Maui Catamaran LLC has limited medical facilities and that in the event of illness or injury, appropriate medical 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.
SEA MAUI LLC, FUN Charters Inc, & Maui Catamaran LLC 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 that I show signs of distress or call for aid, I would like assistance and not hold SEA MAUI LLC, FUN Charters Inc, & Maui Catamaran LLC, their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.
I agree and forever discharge and release SEA MAUI LLC, FUN Charters Inc, & Maui Catamaran LLC, its employees and agents, the owner(s) of SEA MAUI LLC, FUN Charters Inc, & Maui Catamaran LLC, and all affiliates including without limitation, employees, officers and owners now existing or that may hereafter exist (each, a "Releasee" and collectively, the "Releasees") or other associated personnel 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. I further specifically agree, on behalf of myself, my heirs or 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 sailing activities with or involving the released parties. In addition, I acknowledge that all photo and video content taken today may be used for promotional material. Also, I understand it is my responsibility to to communicate with the crew and phtogrophers once on board if I do not wish to have my image captured.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DATE SIGNED: December 8, 2023