Aloha Maui Diving
130 Kupuohi Street D4
Lahaina, HI 96761 Please read carefully and fill in all blanks before signing.
THIS AGREEMENT is entered into between I, the undersigned, and AVERA LLC DBA ALOHA MAUI DIVING, its employees, owners, officers, contractor, assigns, or agents (hereinafter referred to as ALOHA MAUI DIVING) for the rental of scuba, snorkeling, and/or skin diving equipment. This AGREEMENT is a release of my rights and the rights of my heirs, assigns or beneficiaries to sue for injuries or death resulting from the rental and/or use of equipment rented from ALOHA MAUI DIVING. I agree that I have received the items listed on the receipt(s) issued by ALOHA MAUI DIVING, and will return them by the equipment due date(s) listed on the receipt(s) issued by the same.
I agree to reimburse ALOHA MAUI DIVING for the loss or damage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned. I authorize ALOHA MAUI DIVING to charge my credit card the daily rate if equipment is not returned by due date, a replacement or repair fee if the equipment is damaged or lost, an inspection fee of $20 if cylinders are drained empty, and a cleaning fee of $20 if the equipment is not returned clean.
I personally assume all risks of snorkeling, skin and/or scuba diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment. I understand and agree that ALOHA MAUI DIVING shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including ALOHA MAUI DIVING, whether passive or active. I hereby acknowledge receipt of the equipment listed in the sales receipt, and if any of this equipment is to be used for scuba diving, I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor. I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold ALOHA MAUI DIVING responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly. I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold ALOHA MAUI DIVING responsible for the same.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein. I understand and agree that I am not only giving up my right to sue ALOHA MAUI DIVING but also any rights my heirs, assigns, and beneficiaries may have to sue ALOHA MAUI DIVING resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be stopped from claiming otherwise because of my representations to ALOHA MAUI DIVING. I agree to exempt and release, indemnity, and hold harmless ALOHA MAUI DIVING and all related entities as defined above, from all liability or responsibility whatsoever for personal injury, property damage, or wrongful death as a result of renting and/or using the equipment, however caused, including, but not limited to product liability or the negligence of ALOHA MAUI DIVING, whether passive or active. I have fully informed myself and my heirs of the contents of this agreement by reading both before signing below on behalf of myself and my heirs. Date: April 20, 2025 |