Statement of Understanding 1. Warranty of Ability – I understand that each person who signs up for a BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP(MDS), 3090 INCORPORATED (Alii Nui & Alii Kai), NO KA OI IV CHARTERS, INC. (Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and HUKA INTERNATIONAL, LLC (Huka Diving) charter or activity warrants that he or she is physically and mentally capable of participating successfully in that activity. I further understand and agree that 3090 Incorporated will give no refunds for seasickness or any other reason that prevents an individual from participating fully.
2. Minors – I understand that a parent or guardian must sign all minors’ forms, and that children under 12 must be accompanied by a parent or guardian at all times, whether on the boat or in the water.
3. Possible Changes – I understand that the schedule charter destinations are subject to weather and conditions, and 3090 Incorporated reserves the right to cancel charters or change destinations at any time. I further understand that some charters or activities may be cancelled at any time due to lack of sufficient participation. Liability Release
THIS IS A RELEASE OF YOUR RIGHTS TO SUE BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP (MDS), 3090 INCORPORATED (Alii Nui & Alii Kai), NO KA OI IV CHARTERS, INC. (Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and HUKA INTERNATIONAL, LLC (Huka Diving) AND IT’S EMPLOYEES, AGENTS AND ASSIGNS FOR PERSONAL INJURIES OR WRONGFUL DEATH THAT MAY OCCUR DURING THE FORTHCOMING ACTIVITY AS A RESULT OF THE INHERENT RISKS ASSOCIATED WITH SAILING OR AS RESULT OF NEGLIGENCE. (Place your initials next to each of the following sections.) 1. IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT AND RELEASE 3090 INCORPORATED (Alii Nui & Alii Kai) AND ALL RELATED ENTITIES AS DEFINED ABOVE FROM ALL LIABILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH CAUSED BY NEGLIGENCE. 2. I am aware that alcoholic beverages may be served on the vessel during some part of the charter. I understand that I must be at least 21 years of age to drink Alcoholic Beverages, that proper identification is required, and I will not allow anyone under 21 to drink. I agree that it is my responsibility to drink responsibly. I will not drink excessively during the charter, and I will use a designated driver if I feel that I have had too much to drink. I understand that BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP (MDS), 3090 INCORPORATED (Alii Nui & Alii Kai), NO KA OI IV CHARTERS, INC. (Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and HUKA INTERNATIONAL, LLC (Huka Diving) have the right to refuse beverage service to anyone. I will not hold BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP (MDS), 3090 INCORPORATED (Alii Nui & Alii Kai), NO KA OI IV CHARTERS, INC. (Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and HUKA INTERNATIONAL, LLC (Huka Diving) or any related entities or individuals responsible for my failure to follow these requirements. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS INFORMATION AND RELEASE BY READING IT BEFORE I SIGNED IT ON THE BEHALF OF MYSELF AND MY HEIRS. |