In consideration of being allowed to participate in watersport events and activites and/or being provided with watersport Recreational property or services, for myself and any minor children for whom i am parent, legal guardian or otherwise responsible, and for my/our heirs, personal or assigns:
1. ACKNOWLEDGEMENT OF RISKS: Acknowledgement that some, but not all, of risks of participating in the watersport activity include: (1) Changing water flow, tides, currents, wave action and ship wakes: (2) Collison with any of the following: other participants, their watercraft, watercrafts, and manmade or natural objects: (3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperatures: (4) My sense of balance, physical coordination, ability to operate equipment, swim, and/or follow directions: (5) Collison, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning: (6) the presense of insects and marine life forms: (7) Equipment failure or operator error: (8) Heat or sun related injuries or illness, including sunburn, sunstroke or dehydration: (9) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident. (
2.EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: Agree to assume the responsibility for all the risks of the activity, whether identified above or not, (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/our participation in the activity is purely voluntary. I assume full responsibility for my vehicle and the loading of water equipment onto the vehicle and any damage that may occur. I assume full responsibility for myself and any minor children for whom i am responsible for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activty (EVEN IF CAUSED, IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE REALEASE NAMED BELOW).
I agree to wear a U.S. Coast Guard approved personal floatation device (life jacket) while participating in the activity or riding in any watercraft.
3. COVID-19: Wailua Kayak Adventures has put into place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, attending any activity at Wailua Kayak Adventures could increase your risk for contracting COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that i may be exposed to or infected by COVID-19 while participating in activities at Wailua Kayak Adventures and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I undertand that the risk of becoming exposed to or infected by COVID-19 at Wailua Kayak Adventures may result from the action, omissions, or negligence of myself and others, including, but not limited to, Wailua Kayak Adventures employees, volunteers, and activity participants and their families. Customers are asked to keep six feet between themselves and anyone else from a different household. Customers are asked to wear face coverings when checking in at our site. We will discourage anyone from using a tandem kayak with somebody from a different household. Staff will avoid handing gear directly to customers.
4. RELEASE: I hearby release WAILUA KAYAK ADVENTURES (name of the lessor) its principals, and hold harmless directors, officers, agents, employees and volunteers, their insurers and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted ("owner") and their insurers, if any, (Collectively "releases") FROM AND ALL LIABILTY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE OR ANY OTHER PERSONS (INCLUDING MYSELF). I/WE UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES CLAIMS BASED ON THE ACTIONS, OMMISIONS, OR NEGLEGENCE OF WAILUA KAYAK ADVENTURES, ITS EMPLOYEES, AGENTS, AND REPRESEVTEVES, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING OR AFTER ATTENDING AND ACTIVITY WITH WAILUA KAYAK ADVENTURES.
I'VE/WE'VE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR ITS EMPLOYEES, AGENTS SERVANTS OR ASSIGNS.