RELEASE OF LIABILITY AND WAIVER OF CLAIMS AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. ALL PERSONS MUST READ AND SIGN THIS AGREEMENT BEFORE PARTICIPATION IN THE “DOLPHINS AND YOU” PROGRAMS.
I acknowledge that I have voluntarily applied to participate in the Dolphins And You program.
1. I hereby certify that I am in good health and that I am physically, emotionally and mentally capable of taking part in activities of the “Dolphins and You” program. I understand these activities may involve physical and non-physical exertion, including but not limited to swimming and snorkeling in the ocean, training in physical fitness exercises, and boating on the open ocean, which will include exposure to changing weather conditions, close interaction with marine mammals and fish, and unforeseen challenges. I understand that this program is not recognized by traditional medical associations as “therapeutic” and neither “Dolphins And You” nor the facilitator, have made any unsubstantiated medical claims or representations of cures.
2. I am aware of and I will obey the laws prohibiting the harassment of marine mammals. I am personally responsible for obeying all such laws and avoiding any harassment of dolphins and for avoiding any acts that would damage the coral reefs or otherwise degrade the natural environment.
3. I acknowledge and agree that the “Dolphins And You” program can be terminated at the discretion of the facilitator of any reason. In such an event, I will receive a prorated refund of the program fee. If I withdraw from the program for any reason whatsoever, no part of the program fee shall be refunded and any unpaid portion thereof shall become due and payable immediately.
4. I acknowledge and agree that all material used during the program is and shall remain the sole property of “Dolphins And You” exclusively for its own use and that my retention, publication, dissemination or use (other than within the program) of such material is prohibited without prior written authorization.
5. In consideration of my participation in the “Dolphins and You” program, I do hereby waive, release and discharge “Dolphins and You” and their agents, owners, employees, and assigns for any and all losses of property, personal injuries, damages and claims, or injuries resulting in death, due to any negligence on my part while taking part in the “Dolphins and You” program.
6. I acknowledge that agreement if to bind me, my heirs, my estate, assigns, legal guardians and personal representative. I agree that this release and waiver agreement is intended to be as broad and inclusive as permitted by the laws of State of Hawaii and that if any part of this agreement is held to be invalid, I agree that the rest shall continue to have full legal force and effect.
7. I agree and give permission to Ocean Journeys LLC, dba Dolphins and You in the event that photographs and/or video were taken of myself during activity may be used for the purpose of advertisement or promotional materials used and produced by Ocean Journeys LLC, dba Dolphins And You and their agents.
8. I understand that Dolphins And You’s program is subject to change at a point during the tour depending on the weather, sea conditions, and the location and number of dolphins sighted.
I further state that I am of lawful age and legally competent to sign this release and waiver, or that my parents or guardians’ signature are included below. I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free will.
THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.
Today's date: February 6, 2023