Assumption and Acknowledgement of Risks Release of Liability and Indemnity Agreement. Inconsideration of being allowed to participate in water sports events and activities and/or being provided with water sport recreational property or services, for myself and any minor children whom I parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns.
Acknowledgement of Risks. I acknowledge that water sports and water recreational activities are very dangerous and involve the risk of serious injury and/or death. Risks include, but are not limited to changing tides and water flow, collisions, capsizing, inclement weather, equipment failure, operator error, all of which can cause serious injury, paralysis, and./or death.
Express Assumption of Risk and Responsibility. I agree to assume responsibility for all the risks of the activity, whether above or not, even those arising out of the negligence of the release named below. My/our participation in the activity is purely voluntary. I assume full responsibility for any minor children for whom I am responsible for any bodily injury, accident, illness, paralysis, death or loss of personal injury even if caused, in whole or in part, by negligence of the releases named below, to the fullest extent permitted by law. I understand that I am the only person authorized to operate any watercraft provided to me, and I will not allow anyone else to operate the watercraft. I am familiar with and will comply with the rules and regulations for safe operation of the watercraft. I understand that I am responsible for any damaged or broken equipment and that I will pay for such equipment upon request.
Release. I hereby release (Name of Lessor) DIGE Corp DBA: Koa Beach Service, Beach Boy Hale Corp DBA: Beach Boy Hale, Honu Kai Beach Service, Waikiki Beach Boys, DYC Enterprises DBA: Waikiki Shores Beach Services, Waikiki Shores, Duke's Lagoon Waikiki LLC, State of Hawaii DLNR, its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or government agency upon whose property and conducted (“owner”), if any, (Collectively “Releasers”) from any and all liability of any nature for any and all injury or damage (including death) to me or my minor children or any other persons as a result of my/our participation in the activity, even if caused by the negligence of the released named above or any other person includes myself) to the fullest extent permitted by law. I hereby agree to indemnify and save and hold harmless the releasers and each of them from any loss, liability, damage, or cost that may incur arising out of or related to the use of any watercraft provided to me, or arising or related to my participation in the releasesor otherwise.
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGE OR RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAVIING VALUABLE RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE RELEASES, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS AND INTEND MY SIGNATURE TO BE COMPLETE UNCONDITIONAL RELEASE INDEMNITY TO THE GREATEST EXTENT ALLOWED BY THE LAW.