MAKENA COAST CHARTERS/UNICORN TOURS OF HAWAII I, wish to be a passenger on the Vessel, “The Getaway” and/or “Winona” and wish to participate in the activities accorded by Makena Coast Charters, Inc. (“Makena”) on the Vessel and activities in the water on this day (the “Vessel Trip”).
I understand and agree that such activities may include swimming in the ocean, snorkeling, diving, scuba diving, driving sea scooters, riding paddle boards, sunset sail cruises, whale watching tours, private charters, and other in water activities that may be provided by Makena.
I understand and agree that the offered activities involve many risks and I assume such risks and I understand the risks which include, but are not limited to, slipping and falling, colliding with moveable objects, rapidly changing adverse weather, water conditions, slippery water craft, exposure to sun and wind, tidal conditions, water shock, and various encounters with insects, marine life and other risks associated with the activities.
I, for myself and for my child/children, hereby release and hold harmless, forgive, discharge and agree to indemnify Makena, its agents, officers and directors from all claims and demands, liabilities, causes of action, judgments, and expenses of whatever nature, they may have, including personal injury, mental anguish, distress, property damage, resulting from, or arising out of, or in connection with, the vessel trip.
I acknowledge that my child/children is/are under the age of eighteen (18) years of age and lack/lacks the legal capacity to enter into an agreement. Accordingly, I am acting as legal guardian of my child/children with the capacity to enter into this Vessel Activities Release on his, her or their behalf.
This Release is governed by the laws of the State of Hawaii.
Any provision of this Release is unenforceable. The other provisions of this Release shall be enforceable to the extent enforceable by law.
I understand and warrant that I have read, understand and agree to the terms and conditions of this Release. Today's Date: December 11, 2024
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