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Kayaking in Kauai

(808) 278-7326 

kayakinginkauai.com


Liability Release Waiver

Liability Release Waiver 

In consideration of being permitted to participate in any way in any activity with Kayaking in Kauai LLC, known as Kayaking in Kauai (hereafter referred to as KIK) along with 82 12 Hawaii LLC where KIK is located, I, for myself, my personal representatives, assigns, heirs, children, and next of kin, in the present and future:

1. Acknowledgement and Assumption of Risk

Acknowledge, agree, and represent that I understand the nature of kayaking and outdoor adventures (hereafter referred 'as Activities') and that I am qualified, in good health, in proper physical, and mental condition to participate in such Activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions to be unsafe I will immediately discontinue further participation in the Activity. 

Fully understand and agree that: a) kayaking, hiking, outdoor adventure, and swimming , including permanent disability, paralsis, and death (all hereafter referred as 'Risks'). b) These Risks and dangers include but are not limited to risks that may be caused by my own actions, inactions, or decisions, the actions, inactions or decisions of other participants in the Activity including, but not limited to: foreseeable or unforeseeable causes such as terrain, weather, route, location, waves, wind, swell, equipment, physical abilities and inabilities of the participants, separation from the group, being lost at sea, attacks from wild and domesticated marine and terrestrial animals and other creatures including sharks, bees, Man-o-war, jellyfish, submerged hazards and reef, hazards of long ocean swims, contact with equipment and other participants, diseases from contaminated water, allergies from cleaning reagents, hazards of hiking and walking including slippery surfaces, sharp surfaces, broken glass, disease, strains and sprains, fractures, partial and/or total paralysis, death, accidents, drowning, loss or damage to personal property, illness or injuries in remote places without medical facilities, failure or lack of communication equipment, failure or lack of safety equipment, injuries occurring in rescue operations, falls from manmade or natural cliffs, hazards of using equipment, hazards associated with the Activity including seasickness, hazards of loading or unloading people materials and equipment from vehicles, hazards or problems related to provided food, hazards and problems related to travel by automobile, bus, motorboat, equipment, helicopter, or other conveyances, hazards of the forces of nature such as lightning, tsunamis, waves, wind, heat or sun related injuries, cold related injuries including hypothermia, variances and extremes of weather and temperature, falling limbs, coconuts, and trees, problems or hazards related to the consumption of alcoholic beverages, drugs of any kind, by anyone associated or not associated with the activity, collision, capsizing and sinking of any and all equipment, operator error and misinterpretation of safety information, hazards of traveling on or near roadways, staff offering partial, incomplete warnings and instruction, etc.

c) KIK does not purport to provide rescue services, cannot as a practical matter provide such services, and that I assume all risks that could result in such a situation (requiring rescue), and acknowledge that neither KIK nor its personnel are under any duty, contractual or otherwise, to provide such services. And KIK will not meet participants at the Wailua River Boat Launch as it is not allowed. 

d) Activities take place in a public area in which only minimal security may be provided; the same precautions against crime should be exercised here as anywhere else. Do not leave valuables in your vehicle. We recommend that you keep them to yourself. Equipment is being transported and used on public property not within reasonable possession, custody or control of KIK.

Assumption of Risks and Release of Liability:

I. the undersigned participant, hereby acknowledge that I have voluntarily chosen to participate in kayaking activities organized and conducted by Kayaking in Kauai. I understand that kayaking involves certain risks and hazards, including but not limited to:

  1. The risk of capsizing or falling off the kayak, which may result in injury, drowning, or death.
  2. The risk of encountering rough or unpredictable water conditions, strong currents, or waves, which may cause the kayak to become unstable or difficult to control.
  3. The risk of collisions with other kayaks, boats, or objects in the water.
  4. The risk of injury or harm due to environmental factors such as inclement weather, rocks, reefs, or marine life.
  5. The risk of physical exertion and fatigue associated with kayaking activities.
  6. The risk of injury or illness arising from accidents, falls, or natural occurrences while on land during kayak-related activities.
  7. The risk of equipment failure or malfunction, including but not limited to the kayak, paddle, or safety gear.

In consideration of being permitted to participate in kayaking activities organized by Kayaking in Kauai, I hereby assume all risks associated with the activity and release Kayaking in Kauai, its owners, employees, contractors, agents, and representatives from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me or to any property belonging to me, whether caused by negligence or otherwise.

Indemnification:

I agree to indemnify and hold harmless Kayaking in Kauai, 82 12 Hawaii LLC, its owners, employees, contractors, Lessors, agents, and representatives from any and all claims, liabilities, losses, damages, costs, or expenses, including but not limited to reasonable attorney fees, arising from or related to my participation in kayaking activities along with those participating with me in these activities. 

Medical Authorization:

I understand that in the event of an accident or injury, Kayaking in Kauai may not have medical professionals on-site and that immediate medical care may be required. I authorize Kayaking in Kauai and its representatives to administer or arrange for any necessary medical treatment in case of emergency. I also agree to assume all costs associated with such treatment.

Knowing and Voluntary Waiver

Hereby knowingly and voluntarily release, discharge, and covenant not to sue or hold accountable, presently or in the future, KIK, its owner, employees, volunteers, other participants in anyway associated with the activity including the municipal and/or governmental agency (each considered one of the 'Releasees' hereafter) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account resulting from risks acknowledged and assumed herein

3. Will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of anyone on my behalf making a claim against any of the releasees.

4. Assume full responsibility for myself and any of my minor children, or other children for who I am responsible and sign for.

5. Certify that I will not hold KIK or any of its Releasees, for any harm occurring wholly or partially as a result of any existing health problems including, but not limited to: reactions to bee stings, marine stings, or the constriction of airways due to cold water or asthma, broken bones due to osteoporosis, hemophilia, heart disease, high blood pressure, pregnancy, loss of stamina or coherency due to diabetes. I agree to offer all information to the owner and staff of any and all medical problems (including, but not limited to), ailments, conditions, concerns, recent surgeries, pregnancies, allergies, diabetes, heart disease, and medicinal needs before the departure of any activity. 

6. Understand that KIK does not carry medical insurance for its guests.

7. Agree to follow all instructions and guidance of KIK staff members at all times.

8. Agree I will wear the provided U.S. Coast Guard Approved type 3 PFD (Personal Flotation Device) at all times for all kayaking activities. I agree to personally inspect the PFD, kayak and other equipment for defects before participating.

9. Understand that basic swimming ability is required to participate in watersports.

10. Agree that the venue of any dispute that may arise out of this agreement or otherwise between parties to which KIK or its Releases as a party shall be in Kauai, HI. If any portion of this contract and release is found to be invalid, the remainder of the contract will remain in full force.

Binding Effect:

This liability release waiver shall be binding upon me, my heirs, executors, administrators, legal representatives, and assigns.

I have carefully read this Liability Release Waiver and fully understand its contents. I acknowledge that by signing below, I am giving up substantial legal rights, including the right to sue Kayaking in Kauai for any injury or damages. I voluntarily agree to the terms and conditions stated herein.

Date: October 6, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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Additional Information

Emergency Contact Information:

Emergency Contact Name: *

Relationship to Participant: *

Phone Number: *
Participant's Address
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Address Line 2:
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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