Ocean And You
Facilitated by Ocean Journeys LLC
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 “OCEAN AND YOU” PROGRAM.
I acknowledge that I have voluntarily applied to participate in the Ocean And You program.
1. I hereby certify that I am over 21 years old, in good health and that I am physically, emotionally and mentally capable of taking part in activities of the “Ocean and You” program. I understand these activities may involve physical and non-physical exertion, including boating on the open ocean, dancing and unforeseen challenges.
2. I acknowledge and agree that for safety reasons, glass bottles and illegal drugs are not allowed on board the vessel.
3. I acknowledge and agree that the “Ocean And You” program can be terminated at the discretion of the facilitator for any reason. In such an event, I will receive a prorated refund of the program fee. If I withdraw from the program within 24 hours of departure 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 “Ocean 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 “Ocean and You” program, I do hereby waive, release and discharge “Ocean 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 “Ocean and You” program.
6. I acknowledge that agreement 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 Ocean and You in the event that photographs 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 Ocean And You and their agents.
8. I understand that Ocean And You’s program is subject to change at a point during the tour depending on the weather, and sea conditions.
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.