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CATAMARAN SNORKELING, SAILING, AND/OR WHALE WATCHING TRIP COMPLETE LIABILITY RELEASE 


 

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: April 24, 2024


First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION): This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.


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*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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