I, THE UNDERSIGNED, INDIVIDUALLY OR AS A PARENT OR LEGAL GUARDIAN DO HEREBY AGREE TO HOLD HARMLESS 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") for any liability, personal injury, death and/or property 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 SUP instruction, surfboard & SUP board rentals, umbrella & beach equipment rentals, cabana & chair rentals, catamaran sailing and outrigger canoe rides.
I certify that there are no health-related reasons or problems that preclude my participation in this Activity. I acknowledge that this Activity carries with it the potential for death, serious injury, paralysis, damages and/or property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people.
In consideration of participating in this Activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this Activity.
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
(C) I understand that participation in any of the events also includes possible exposure to and illness from infectious diseases, including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
(D) I KNOWINGLY AND FREELY ASSUME 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; and,
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this Activity. In the event that We/I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
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.