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Surf Waiver

 RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

​WAIVER: ​SURF LESSONS BY LAHAINA SURF SHACK, FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC., RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

CAUTION:​ DO NOT SIGN THIS DOCUMENT WITHOUT READING IT IN ITS ENTIRETY AND CAREFULLY. BY SIGNING THIS DOCUMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS! SURFING IS AN ATHLETIC ACTIVITY, THE PARTICIPATION IN WHICH INVOLVES VARIOUS RISKS. PLEASE READ AND COMPREHEND THIS DOCUMENT.

THIS IS A ​LEGAL DOCUMENT​. YOUR SIGNATURE IS YOUR ACKNOWLEDGMENT OF THE CONTENTS OF THIS CONTRACT. YOU SHOULD NOT SIGN THIS DOCUMENT UNLESS YOU FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.

I being an adult (or a minor on whose behalf a parent or legal guardian is signing this document) (hereafter “Client”, “I,” or “me”), acknowledge that:

1) ​I know How to Swim And To Maintain Buoyancy In Open Water, And I Am In Good Health.
My swimming skills are above those of a novice and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time.
Likewise, I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or other substances which may impair my swimming skills or my ability to take and follow instructions. I am not pregnant nor am I suffering from any spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing representations as to my physical condition are being relied upon by LAHAINA SURF SHACK, its surf instructors, and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc.

I understand that SURFER’S MYELOPATHY is a non-traumatic spinal cord injury affecting first time surfers caused by the hyperextension of the back while laying on the surfboard for an extended period of time. Please follow these steps for a healthy spine. Sit on the board while waiting for waves. Pace your time in the water. If you notice any signs of pain, tingling, weakness or discomfort in your back, exit the water. I voluntarily assumes all risks associated with the sport of surfing. I understand that LahAina Surf Shack cannot control my actions in conjunction with variance in water levels (shallow water conditions), and that rocks below the surface and other conditions present both under and on the water are not within the control of LAHAINA SURF SHACK. I agree to hold LAHAINA SURF SHACKa, FROGMAN MARKETING, LLC, a Hawaii limited liability company, d/b/a Hawaiian Style Activities, and FROGMAN CHARTERS Inc., a Hawaii corporation, d/b/a Boss Frog’s Dive & Surf, free of any responsibility fault, liability, harm, damage or claim that may arise therefrom. Further, any action brought by anyone (including any other person in the water in the close proximity of the me), the heir(s) of same, parents, or persons having standing to bring such an action, shall be the subject matter of both indemnity and defense by me to the benefit of LAHAINA SURF SHACK, FROGMAN MARKETING, LLC, a Hawaii limited liability company, d/b/a Hawaiian Style Activities and FROGMAN CHARTERS Inc., a Hawaii corporation, d/b/a Boss Frog’s Dive & Surf.

I hereby agree to follow all rules, regulations, and instructions of LahAina Surf Shack and its surf instructors. I hereby agree to follow all rules, regulations, and instructions of LAHAINA SURF SHACK and its surf instructors while participating in this class, lesson, and/or while renting equipment from LAHAINA SURF SHACK, its surf instructors and/or its shop employees.

2) ​I Acknowledge That Surfing May Be Dangerous And I Accept And Assume Such Risk.
I am aware that open water activities in general, and surfing specifically, involves inherent risks. I may damage my belongings, get hurt, get injured, become ill, drown, or even ​die​.
I further acknowledge that I have voluntarily chosen to rent equipment and/or take surfing lessons from LAHAINA SURF SHACK,and its surf instructors, or if the individual taking such lessons or renting equipment is a minor, I have, as the minor’s parent or legal guardian, voluntarily consented to such minor taking of such lessons, or renting equipment. I know and fully understand that water sports and surfing is a dangerous outdoor activity in an uncontrolled natural environment with inherent risks and hazards, where serious accidents can occur, participants can sustain property damage, injuries, illness and even ​die​. I acknowledge and willingly and voluntarily assume all risks and hazards in surfing and beach related activities in all phases of these activities from the training sessions until the conclusion of the class, lesson, or equipment rental period, including, but not limited to those involving: (1) loss of control of the surfboard, malfunction of the surfboard, falls from the surfboard, collision with other participants, equipment, other surfboards, rocks, and any other man made or natural obstacles, whether obvious or not;

(2) judgment, decision making and conduct of the instructors; (3) submersion in water, drowning; (4) encounters with animals, marine life, plant life, rocks and insects including but not limited to ​sharks, jellyfish and/or poisonous sea urchins, and/or allergic reactions to jellyfish/poisonous sea urchins and the like ​; (5) exposure to outdoor ocean environment, bacteria or microbes, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to this activity; (6) assistance in lifting and /or carrying surfing equipment; (7) rescue-related injuries;and (8) unavailability of immediate and ​appropriate medical attention in case of injury. I understand and acknowledge that the above list is not meant to be complete or exhaustive, and that other unforeseen and unanticipated risks, known or unknown, may also exist and result in da​mage, injury, illness, disease, or ​death​.

3)​ ​I WAIVE MY RIGHT TO FILE A LAWSUIT AGAINST LAHAINA SURF SHACK, AND ITS SURF INSTRUCTORS, AND FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC.
In consideration for agreeing to provide me with equipment rental or surfing instructions and/or allowing me to participate in this class or lesson, I agree that I shall not make a claim or bring any action against, or hold responsible, the COUNTY OF MAUI, or the STATE OF HAWAII, who may or may not be the OWNERS OF THE BEACH WHERE THE LESSONS ARE BEING PERFORMED, LAHAINA SURF SHACK, and its surf instructors, officers, agents, employees, associates, representatives (referred to collectively in this agreement as LAHAINA SURF SHACK, and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc.​, ​or expect, require, or pursue them, to be held accountable for any damages. ​I voluntarily agree to release, discharge, and hold harmless​ LAHAINA SURF SHACK , its surf instructors, and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc.​, ​from and against any and all claims of liability, even those arising out of their negligence, fault, recklessness, or any other act or omission which causes me damages, illness, injury, disease, or ​death,​ of any nature in any way connected with my participation in this activity. ​I also expressly agree to release and discharge​ LAHAINA SURF SHACK, its surf instructors and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc.​, ​from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.

4) Indemnity: I further agree to hold harmless, defend and indemnify, LAHAINA SURF SHACK, its surf instructors, and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc., the County of Maui, and State of Hawaii in which the lessons are performed from all defense costs, including attorney fees incurred in connection with any claims arising from the activities anticipated herein, including but not limited to those for bodily injury, wrongful death, and/or property damage, whether caused by or sustained by any minor under the age of 18 years on whose behalf I am signing or which I may have personally caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity. In the event of any actions, regardless of where venue lies, any such actions shall be filed in the STATE OF HAWAII, COUNTY OF MAUI, SECOND CIRCUIT. In the event that any action is filed other than in the STATE OF HAWAII, COUNTY OF MAUI, SECOND CIRCUIT, it shall be moved to the STATE OF HAWAII, COUNTY OF MAUI, SECOND CIRCUIT on the Motion and Option of LAHAINA SURF SHAC​K​, its surf instructors, and FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, Inc. ,

5) Permission to Obtain Medical Assistance/Ambulance. ​In the event of any accident or other harm sustained by me (or by the minor on whose behalf I am signing this document), I hereby give ​LAHAINA SURF SHACK and its surf instructors​ permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in ​LAHAINA SURF SHACK and its surf instructors’​ favor as I have otherwise made in this agreement in connection with any such medical assistance sought or not sought. In addition, all the financial expenses, including but not limited to the costs for ambulance, fire and rescue, other first responders, emergency room, hospital care and for any and all such medical emergency assistance shall be my sole responsibility and not that of ​LAHAINA SURF SHACK and its surf instructors​.

6) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT IT BE BROADLY CONSTRUED IN FAVOR OF LAHAINA SURF SHACK, ITS SURF INSTRUCTORS, FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC., IN THE EVENT OF ANY AMBIGUITIES, THEY SHALL BE RESOLVED IN FAVOR OF LAHAINA SURF SHACK , ITS SURF INSTRUCTORS AND FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC. I UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THIS SURFING ACTIVITY, AND THAT I MAY BE INJURED, BECOME ILL OR EVEN DIE AS A RESULT OF SURFING. I UNDERSTAND THAT THIS IS A RELEASE OF ANY AND ALL CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN ME AND LAHAINA SURF SHACK, ITS SURF INSTRUCTORS, AND, FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC., AND THAT NO REPRESENTATIONS HAVE BEEN MADE TO ME BY LAHAINA SURF SHACK , ITS SURF INSTRUCTORS, AND FROGMAN MARKETING, LLC, FROGMAN, CHARTERS, INC., OUTSIDE OF THIS AGREEMENT. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND BY THEM.

 

Today's Date: November 12, 2026

First Participant's Name
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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
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Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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Yes
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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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