In consideration of the services of Hawaiian Outrigger Canoe Voyaging Society, their agents, owners, officers, volunteers, participants,employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "HOCVS"), I hereby agree to release, indemnify, and discharge HOCVS., on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows: 1. I acknowledge that my participation in paddling an outrigger canoe, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: boat capsize and entrapment; travel in remote areas; collision with objects or other watercraft and rapidly changing adverse weather and water conditions. Canoes are slippery when wet and accidents can occur getting in or out. I can slip or fall during a paddle, resulting in damage to equipment or personal injury. Exposure to the natural elements can be uncomfortable and/or harmful. I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke and heat cramps. Also, exposure to cold water can result in cold shock, hypothermia· and, in extreme cases, death and accidental drowning is a possibility. Furthermore, HOCVS staff has difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity when applicable. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HOCVS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of HOCVS equipment or facilities, including any such claims which allege negligent acts or omissions of HOCVS. 4. Should HOCVS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against HOCVS, I agree to do so solely in the state of Hawaii, and I further agree that the substantive law of that state hall apply in that action without regard to conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have· waived my right to maintain a lawsuit against HOCVS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and 1 agree to be bound by its terms. |
