This document waives the liability of Global Resort Partners. dha: Hilton ton Waikoloa Village. Hilton Hotels Corporation, Hilton Recreation Inc., Pan Global Partners, Lanpar-IITL Associates, the United States Department of Agriculture, Quest Global Management LLC, Dolphin Quest, Inc., and their respective agents and employees (collectively referred to as "Hilton Waikoloa Village"). READ THIS CAREFULLY - I desire to participate in activities with the dolphins at Hilton Waikoloa Village which include being in the lagoon with the dolphins. I acknowledge that my participation is strictly voluntary and that I am under no obligation whatsoever to participate.
- I recognize that there are certain inherent risks involved in participation in activities with the dolphins at Hilton Waikoloa Village. I acknowledge that despite Hilton Waikoloa Village's efforts to eliminate or minimize the danger of these inherent risks and to guard against negligent acts or omissions of agents or employees, a risk of death or injury inevitably remains. I knowingly and willingly accept any and all risks involved in my participation with the dolphins and the activities of the program at Hilton Waikoloa Village.
- I understand that I will be in the water with the dolphins for approximately ten to forty minutes. During this time I will be required to perform certain physical activities such as swimming, floating, being submerged in water, standing for certain periods of time, walking, bending, and stretching. PERSONS WHO ARE IMPAIRED IN THEIR ABILITY TO PERFORM SUCH PHYSICAL ACTIVITIES SUCH AS SWIMMING, FLOATING, BEING SUBMERGED IN WATER, STANDING FOR CERTAIN PERIODS OF TIME, WALKING, BENDING, AND STRETCHING SHOULD NOT PARTICIPATE IN THE DOLPHIN ENCOUNTER. I understand that physical activity has varying effects on individuals based upon their size, age, physical condition, and state of health. I understand that it is my responsibility to determine my physical fitness for participating in water activities with the dolphins. I acknowledge that although the Hilton Waikoloa Village has taken reasonable steps to ensure that I am physically able to participate in activities with the dolphins, it is impossible for Hilton Waikoloa Village to determine my own physical condition, and I hold Hilton Waikoloa Village harmless for any condition which I have or may have as a result of participating in the dolphin encounter. I specifically understand that participation in the Dolphin Encounter is not recommended for persons who are pregnant or have back or heart problems.
- I acknowledge that I have received an explanation of the activities that I will be involved in with the dolphins at Hilton Waikoloa Village and that I have been fully instructed in how to participate in these activities safely.
- In consideration of Hilton Waikoloa Village permitting me to participate in activities with the dolphins, I assume all risks of death or injury which may result from or arise out of this participation, including specifically but not limited to those involving inherent risks and negligent acts or omissions of Hilton Waikoloa Village.
- I agree to fully and forever release and discharge, and not sue, Hilton Waikoloa Village for any injuries, conditions or damages that may result from or arise out of my participation in activities with the dolphins, specifically including but not limited to those involving death or injury due to inherent risks and negligent acts or omissions of Hilton Waikoloa Village.
- I further agree that Hilton Waikoloa Village is not responsible for any loss or damage to my personal belongings while I am participating in activities with the dolphins.
- I have read and fully understand the rules of the Dolphin Quest Encounter.
- I consent to the unlimited use, including but not limited to the commercial advertising use of my photographs and/or videos by Dolphin Quest, its agents and affiliates, including the Hilton Waikoloa Village. No further permission is required beyond this consent.
- I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS, WHICH HAVE BEEN FULLY EXPLAINED TO ME. I COMPLETELY AND FULLY AGREE TO BE BOUND BY THE TERMS OF THIS WAIVER OF LIABILITY. I SPECIFICALLY UNDERSTAND THAT THE EFFECT OF THIS DOCUMENT IS THAT I AM RELEASING HILTON WAIKOLOA VILLAGE FROM LEGAL LIABILITY AND WAIVING MY RIGHT TO SUE HILTON WAIKOLOA VILLAGE FOR MATTERS RESULTING FROM OR ARISING OUT OF MY PARTICIPATION IN ACTIVITIES WITH THE DOLPHIN ENCOUNTER PROGRAMS AT HILTON WAIKOLOA VILLAGE, INCLUDING BUT NOT LIMITED TO DEATH AND PERSONAL INJURY. I SPECIFICALLY ACKNOWLEDGE THAT MY RELEASE AND WAIVER APPLIES EVEN IF HILTON WAIKOLOA VILLAGE MAY ITSELF BE NEGLIGENT IN WHOLE OR IN PART.
Today's Date: April 25, 2025 |