I, THE UNDERSIGNED, INDIVIDUALLY OR AS A PARENT OR LEGAL GUARDIAN, knowingly and voluntarily enter into this WAIVER and hereby waive any rights, claims, or causes of action of any kind arising out of my participation in the ACTIVITY. I hereby release and forever discharge Waikiki Beach Services LLC, Kyo-ya Hotels & Resorts LP, Marriott Hotels & Resorts, Royal Hawaiian: A Luxury Collection Resort, Sheraton Waikiki their officers, officials, agents, staff, lessors, owners and their assigns (hereby collectively known as "RELEASEES") from any liability, physical or psychological injury, death and/or property loss or damage that may result from our participation in any activity or rental (heretofore known as “Activity”) they sponsor, including but not limited to surf and stand up paddling lessons, surfboard rentals, stand up paddleboard rentals, umbrella and beach chair equipment rentals, boogie board rentals, pool cabana and pool chair rentals, catamaran sailing, and outrigger canoe rides. (A) AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by RELEASEES or the employees, representatives, or agents of RELEASEES. (B) ASSUMPTION OF RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described ACTIVITY. I assume full responsibility for personal injury to myself and (if applicable) my family members and further release and discharge RELEASEES for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of the RELEASEES, whether caused by the fault of myself, my family, RELEASEES or other third parties. (C) INDEMNIFICATION. I agree to indemnify and defend RELEASEES against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of RELEASEES. (D) FEES. I agree to pay for all damages to the facilities or equipment of RELEASEES caused by any negligent, reckless, or willful actions by me or my family. (E) MEDICAL AUTHORIZATION. In the event of an injury to myself or a minor covered in this WAIVER, I give my permission to RELEASEES or to the employees, representatives, or agents of RELEASEES to arrange for any necessary medical treatment for which I shall be financially responsible. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. |