Today's DATE: August 6, 2020
THIS IS A RELEASE OF YOUR RIGHTS TO SUE!
I HERE BY acknowledge and agree that SNORKELING IS A POTENTIALLY DANGEROUS ACTIVITY and involves the risk of serious injury and/or death and/or property damage.
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE Merrill, Inc. dba Dolphin Discoveries, The Carey Corporation, Hoku Kai,LLC., THEIR OWNERS, STOCK HOLDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, ASSOCIATED PERSONNEL AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES” AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
I agree that my participation in snorkeling/recreational diving is entirely voluntary and of my own free will. I agree that if I participate with an in water snorkeling activity that I can swim and that I have the skills to snorkel in the open ocean with no assistance. If I cannot swim I agree to remain on the boat/vessel at all times. I also agree that I will not expect the Released Parties to teach me how to swim or snorkel and that prior to the activity I will have the skills necessary to participate without assistance.
I UNDERSTAND AND AGREE that snorkeling and related activities involve physical exertion in a marine environment that expose me to risk of injury or death from heart attack, panic, hyperventilation, hypothermia, drowning, fatigue and exhaustion, as well as from wind and weather conditions, tides, currents, waves, equipment failure, interactions with watercraft, swimmers and aquatic life, rocks, docks, pilings, buoys and other potential hazards, any or all of which may not be visible, known or anticipated, and I agree these are all INHERENT RISKS of my chosen activity. I HEREBY ASSUME ALL RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, now and forever, arising out of or related to participation in said activities, or any other related diving operations, whether foreseen or unforeseen and whether caused by the NEGLIGENCE of the Released Parties or otherwise.
If I need a flotation device I will ask for one. If I use a flotation device I will not remove my floatation device at any time while in the water. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk.
I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury or appropriate medical care must be summoned by radio; treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
The participating Released Parties and/or boat have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid; I would like assistance and will not hold the Released Parties, their crew or passengers responsible for their actions in attempting the performance of rescue or first aid.
IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
To the fullest extent allowed by law, I HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Merrill, Inc. dba Dolphin Discoveries or any of its parent, subsidiary or affiliated companies, as well as all of their dive professionals, and all of their parent, subsidiary or affiliated companies, agents, employees, officers, directors, owners or sponsors (the “Released Parties”) FROM ALL RESPONSIBILITY OR LEGAL LIABILITY TO ME, my personal representatives, assigns, heirs and next of kin, FOR ANY AND ALL LOSS OR DAMAGE AND ANY CLAIMS OR DEMANDS ON ACCOUNT OF INJURY TO MY PERSON OR PROPERTY OR RESULTING IN OR FROM MY DEATH, NOW AND FOREVER, ARISING OUT OF OR RELATED TO PARTICIPATION IN SAID ACTIVITIES, OR ANY OTHER RELATED SNORKELING OR DIVING OPERATIONS, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
I HEREBY SEPARATELY agree to INDEMNIFY and SAVE and HOLD HARMLESS the Released Parties from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to participation and/or instruction in said activities, or any other related diving operations, whether caused by the NEGLIGENCE of the Released Parties or otherwise. I HEREBY ACKNOWLEDGE THAT INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASED PARTIES and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by Released Parties, INCLUDING NEGLIGENT RESCUE OPERATIONS.
This Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement constitutes the FINAL AND ENTIREAGREEMENT regarding the subjects it covers, and it is binding upon the heirs, successors and assigns of the parties even if I die or become incapacitated. This document supersedes any and all other documents or oral statements, and I represent that I am not relying upon any oral or written representations that conflict with what is set forth in this document.
This Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by applicable laws, but it is not intended to assert any claims or defenses that are prohibited by law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my heirs or estate will have any legal right to sue or to hold Merrill, Inc. dba Dolphin Discoveries liable for the actions, inactions or negligence of their affiliated dive professionals and other affiliated personnel associated with the activity.
I further grant Merrill Inc. dba Dolphin Discoveries the right, without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)'s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, social media and promotional materials without compensation.
WAIVER RELEASE VERIFICATION:
By signing below, I acknowledge that I HAVE READ this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to personally discuss with the dive professional the potential dangers incidental to engaging in the activity of snorkeling/recreational diving and related diving operations.
MINOR WAIVER RELEASE VERIFICATION, if minors are included with parent or guardian:
By signing below as parent or guardian, I acknowledge that I am signing this document on behalf of my minor child and on behalf of all of the child’s parents and guardians, and we agree to be specifically bound to all the terms and conditions of this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement.
I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, and fully understand its terms, understand that we have given up substantial rights by signing it, am aware of its legal consequences, and have signed this document freely and voluntarily without any inducement, assurance or guarantee being made to me.
I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law and further agree to indemnify and save and hold harmless Released Parties in the event of a claim or suit by or on behalf of the minor child.
Additionally, I understand the risks of injury while snorkeling and have had the opportunity to personally discuss the diving with the dive leader prior to commencement of the minor child’s snorkeling activities.