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Sailing Liability Release

In exchange for participation in the activity of sailing organized by Makena Boat Partners dba Kai Kanani Sailing, of 34 Wailea Gateway Center A105, Kihei, Hawaii, 96753 and/or use of the property, facilities and services of Makena Boat Partners dba Kai Kanani Sailing, I agree for myself or any minor members of my family (children under 12 must be accompanied by a parent or guardian at all times), to the following:

  • AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Makena Boat Partners dba Kai Kanani Sailing, or the employees, representatives or agents of Makena Boat Partners dba Kai Kanani Sailing


  • WARRANTY OF ABILITY and GUEST CONDUCT. I agree that each person who attends the above described activity is physically and mentally capable of participating in that activity. I also understand and agree that Makena Boat Partners dba Kai Kanani Sailing will not give refunds for seasickness or any other reason that prevents any individual from participating fully, including intoxication. I agree that Makena Boat Partners dba Kai Kanani Sailing can decline to have me board the vessel if I am showing signs of intoxication from drugs or alcohol and that no refunds will be issued.  



  • ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Makena Boat Partners dba Kai Kanani Sailing for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Makena Boat Partners dba Kai Kanani Sailing, whether caused by the fault of myself, my family, Makena Boat Partners dba Kai Kanani Sailing or other third parties.
  • INDEMNIFICATION. I agree to indemnify and defend Makena Boat Partners dba Kai Kanani Sailing against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Makena Boat Partners dba Kai Kanani Sailing.
  • CHARTER CHANGES. I understand that all charter destinations are subject to weather, conditions and Captain’s discretion. Makena Boat Partners dba Kai Kanani Sailing also reserves the right to cancel at any time due to lack of sufficient participation.
  • RESPONSIBLE ALCOHOL CONSUMPTION. I agree to drink responsibly and I will use a designated driver if I feel that I have had too much to drink. Makena Boat Partners dba Kai Kanani Sailing reserves the right to refuse beverage service to anyone for any reason. I understand that the legal drinking age is 21 and I will not allow anyone under 21 to drink alcohol. 
  • PHOTO IMAGES.  I understand that all photos and videos taken before, during and after any of the above mentioned activities are the property of Makena Boat Partners dba Kai Kanani Sailing and I grant them permission for use on their website, promotional literature and social media sites.

COVID-19. I acknowledge the contagious nature of the Coronavirus/COVID-19. I further acknowledge that Makena Boat Partners has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that Makena Boat Partners cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, vendors, other guests and their families. I voluntarily seek services provided at Makena Boat Partners dba Kai Kanani Sailing Charters. I acknowledge that I, and any minors I am responsible for, will comply with all set company procedures. I acknowledge that Makena Boat Partners has a zero tolerance policy for any party experiencing symptoms and/or displaying a fever of 100.4 or greater and that the whole party will need to reschedule their excursion according to CDC guidelines.

- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 in the last 14 days.

- I have not been diagnosed with Coronavirus/Covid-19 and/or have not yet been cleared as non-contagious by state or local public health authorities. 

  • RELEASE. I hereby release and agree to hold Makena Boat Partners harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the company, or that may otherwise arise in any way in connection with the company. I understand that this release discharges Makena Boat Partners from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Makena Boat Partners. This liability waiver and release extends to the company together with all owners, partners, and employees.

I HAVE RULLY READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

Dated: April 27, 2025


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
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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

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
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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