Today's DATE: February 6, 2023
In consideration of being permitted to board and ride upon the vessels operated by MERRILL, INC. dba DOLPHIN DISCOVERIES and/or HOKU KAI CHARTERS, LLC (hereinafter collectively “DOLPHIN DISCOVERIES”), and being permitted to participate in water activities associated therewith (“Ocean Activities”), including but not limited boating, swimming, snorkeling, sightseeing, whale or dolphin watching, I understand and acknowledge that there are inherent risks, dangers and hazards associated with the Ocean Activities that I am about to embark upon. I further understand and acknowledge that these risks could result in personal injury and/or death, as well as damage or loss to personal property, and that no amount of care, caution, instruction or expertise can eliminate all of these risks.
The risks associated with the Ocean Activities include but are not limited to: frequently changing weather, wind and ocean conditions that may cause the seas to become rough and unpredictable; high winds; pitching and rolling of vessels or other marine recreation equipment; wet and/or slippery surfaces, decks, ladders, stairs, steps and/or railings; uneven surfaces encountered while boarding and/or exiting vessels ashore or on the open ocean; and vessel traffic that can cause collisions, wakes, and bodily contact with harmful and/or moving objects. I also understand that in-water activities, such as swimming, snorkeling, SNUBA diving, scuba diving and other water sports, expose me to the risk of drowning, choking, water ingestion, hypothermia, lacerations, blunt force trauma, anaphylactic reaction to stings, coral cuts, or injury to my head, limbs or spinal column if I happen to be tossed or pulled under by a wave or if I am struck by an object. I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur that could result in serious injury, paralysis or death and I specifically assume such risks.
Acknowledging that the Ocean Activities carry these inherent risks, I understand that I am endeavoring upon them at my own sole risk. I also understand the need for me to comply with all crewmember and staff safety instructions given before and during the Ocean Activities, and to remain alert at all times while participating in the Ocean Activities to minimize the risk of injury to myself and others. I understand the need to always use one hand to hold on to the vessel while on board and/or moving about the vessel. I understand that persons with pre-existing medical conditions, such as heart problems, ear problems, back/knee problems, recent surgery, pregnancy, auto-immune diseases, compromised immune systems, those with conditions which could be aggravated by sudden movement of the vessel, etc. should consult their physician before engaging in these Ocean Activities and certify that I am fully capable of participating in these Ocean Activities and specifically assert that I am free of such conditions.
I acknowledge that I can swim and that if I need flotation device I will ask for one. If I use a flotation devise I will not remove my flotation device at any time while in the water. If I cannot swim I agree to remain on the vessel at all times and I do not expect DOLPHIN DISCOVERIES to teach me how to swim.
I acknowledge that I am physically fit to swim and/or snorkel and I will not hold DOLPHIN DISCOVEREIS responsible if I am injured as a result of heart problems, lung problems, or other illnesses or medical problems which may occur while snorkeling/swimming.
I acknowledge and understand the vessel has limited medical facilities and equipment 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 medical facility.
Having read and understood the above, and in consideration of my being allowed to participate in the these Ocean Activities, I, on behalf of myself, my spouse, children, heirs and executors, hereby release and forever discharge the vessel(s), its owners, operators and/or crew, including but not limited to DOLPHIN DISCOVERIES, their corporate affiliates, owners, subsidiaries, directors, officers, employees and agents, and each of them (“Releasees”) from any and all loss, damage, liability, expense, cost, demands and claims arising from any bodily or personal injury, property damage and/or death which may occur as a result of the inherent risks associated with the Ocean Activities, the negligence of the Releasees, and/or the seaworthiness of their vessel(s).
I further acknowledge and agree that this agreement shall be governed and construed pursuant to the federal maritime law of the United States without regard to its conflict of laws principles. I hereby consent and agree to pursue any and all claims against the Releasees, arising out of or related to the Ocean Activities, in the United States District Court for the District of Hawaii (“USDC”), to the exclusion of all other courts, and that I am subject to the USDC’s personal jurisdiction. I agree that before I am permitted to file litigation against any of the Releasees in connection with the Ocean Activities, I must first submit written notice of my claim to firstname.lastname@example.org within six (6) months of my signing this agreement. Under no circumstances may I file litigation against the Releasees after twelve (12) months of my signing this agreement. If I fail to meet either of the foregoing requirements, my claim and/or lawsuit shall be void and invalid.
By participating in or attending the Ocean Activities, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and I expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
If one or more provisions of this agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this agreement and the balance of this agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its remaining terms.
By signing below as parent or guardian I acknowledge that I am signing on behalf of my minor child and on behalf of the child’s parents/guardians.