In consideration of the services of Lokahi Outrigger Canoe Center, their Agents, Owners, Officers, Volunteers, Participants, Employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as 'L.O.C.C."), I hereby agree to release and discharge L.O.C.C, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that my participation in paddling an outrigger canoe entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: boat capsize and entrapment; tidal conditions and currents; travel in remote areas; collision with
objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, dehydration, heat exhaustion, heat stoke, heat cramps, strong wind, cold, storms, large waves, eddies and whirlpools, and lightening; aggressive and/or poisonous marine life, wrist, arm, shoulder, and/or back injuries: slips and falls while hiking; and rapidly changing adverse weather and water conditions. Canoes are slippery when wet and accidents can occur getting in or out of the canoes.
Furthermore, L.O.C.C. Coaches and Staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless L.O.C.C. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of L.O.C.C.s equipment or facilities, including any such claims which allege negligent acts or omissions of L.O.C.C.
4. Should L.O.C.C. or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against L.O.C.C., I agree to do so solely in the State of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against L.O.C.C. on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document I have read and understood it, and I agree to be bound by its terms.