NOTICE: THIS IS A LEGALLY BINDING CONTRACT BETWEEN MYSELF AND HONOLULU SAILING COMPANY LLC (Hereinafter HSC)
In consideration for being permitted to use HSC’s equipment and/or participate in any activity offered by HSC I agree to the following terms covenants and conditions and make the following representations.
I HEREBY ACKNOWLEDGE THE INHERENT EXTREME RISKS OF SAILING, BOATING, SNORKELING, including swimming in the ocean. I realize those risks include but are not limited to falls on or inside the boat, misuse or failure of equipment, and other accidents. I acknowledge the above list is not inclusive of all possible risks associated with the use of the equipment and/or facilities and/or the activity of sailing, snorkeling and swimming.
I VOLUNTARILY ASSUME AND ACKNOWLEDGE SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGER OF THE RISK INVOLVED.
I voluntarily agree to assume all risk of injury or death that may occur while I am on the boat, dock, or facility, participating in any event or program, activity or tour, anywhere at any time, whether or not under supervision of HSC. I hereby forever give up, waive, and release HSC, its successors, assigns, officers, employees, members, and all other related persons and entities from any and all claims, whether known or unknown, which I have or may have in the future, which is in any way connected to my use of HSC equipment and/or any participation in any program activity tour or class offered by HSC, including any claims arising from the negligence of releasees.
I represent I am in good health and have no physical limitations which would affect my safe use of the equipment or participation in any and all activities offered by HSC and its affiliates. I agree to pay attention to the state of any ropes, anchors, masks, fins, snorkels, paddleboard, fishing equipment, floats and any other equipment that I may use and to advise staff members if I do any damage or notice damage. I agree if staff makes a specific request or instruction to me, I agree to comply.
I further agree to defend, indemnify, and hold harmless HSC, its successors, assigns, officers, employees, members, affiliates and any and all related persons and entities from any and all claims, whether known or unknown, which is in any way connected to the use of HSC equipment and/or facility and/or participation with any activity offered by HSC, including any claims arising from the negligence of releasees. I agree that should any language of this document be deemed to be unenforceable; the remaining language continues to be legally enforceable.
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE HONOLULU SAILING COMPANY LLC, THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES” AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
I agree that if I participate with an in water snorkeling activity that I can swim and I have the skills to snorkel in the open ocean with no assistance. If I cannot swim I agree to remain on the boat/vessel at all times. I also agree that I will not expect the Released Parties to teach me how to swim or snorkel and that prior to the activity I will have the skills necessary to participate without assistance.
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELING AND BOATING, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I HEREBY ASSUME SUCH RISK.
I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I assert that I am physically fit to snorkel and ride on a boat and I will not hold the Released Parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while snorkeling, riding on the boat, or otherwise participating in the trip.
If I need a flotation device, I will ask for one. If I use a flotation device, I will not remove my floatation device at any time while in the water. I acknowledge that doing so will constitute a violation of safety rules and procedures for which I expressly assume the risk.
I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
HSC has made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, boats or passengers responsible for their actions in attempting the performance of rescue or first aid.
I acknowledge that HSC does not provide, sell, or serve alcoholic beverages abord its vessels. HSC, its owners, operators, employees, and agents are not responsible or liable for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
Should I consume alcohol on the property owned or operated by HSC, I acknowledge that I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
Should I provide alcohol to family, friends, guests, or third parties on property owned by HSC, I acknowledge that I am solely responsible for any and all damages suffered by myself or third parties as a result of providing alcohol to others to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I further acknowledge that should anyone under the age of twenty-one (21) consume alcohol on the property owned or operated by HSC, I am solely responsible for the safety and well-being of that individual. That I am solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming alcohol to include, but not limited to, property damage, personal injury, death, or disfigurement to themselves, as well as property damage, personal injury, death, disfigurement, or loss of consortium to third parties.
I acknowledge that HSC may terminate the charter at anytime if HSC believes for any reason that I or a member of my party are acting in a manner that is deemed to be unsafe, or that could cause an injury to a person or damage to property. If a charter is terminated due to such cause, I understand there will be no refunds.
IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
I agree to be financially responsible for any rental equipment I lose or break.
I HAVE READ AND UNDERSTAND THE FOREGOING IN ITS ENTIRETY AND I AGREE TO THE TERMS AND CONDITIONS. I HEREBY FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ANYONE ELSE WHO MIGHT MAKE A CLAIM ON MY BEHALF, COVENANT NOT TO SUE, WAIVE, RELEASE, AND DISCHARGE HONOLULU SAILING COMPANY, LLC, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS FROM ANY AND ALL LIABILITY, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, DISFIGUREMENT, OR LOSS OF CONSORTIUM. THIS WAIVER EXTENDS TO ANY AND ALL CLAIMS OF EVERY KIND OR NATURE WHATSOEVER, FORESEEN OR UNFORESEEN, KNOWN OR UNKNOWN. I FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY HONOLULU SAILING COMPANY, LLC, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS FOR ANY AND ALL CAUSES OF ACTION, CLAIMS, OR LAWSUITS. I REALIZE THAT THIS DOCUMENT IS A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.
Date signed: December 2, 2021