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Disclosure, Acknowledgement and Assumption of Risks, Release and Waiver of Liability and Indemnity Agreement


Lucas & Chantel Incorporated, DBA Clear Kayaks Maui


Participation in a ocean sport and/or ocean activity may result in serious bodily Injury and or death. Hazardous conditions of the ocean can arise without warning. They include but are not limited to strong currents, undertows, changing tides, high surf, reef and shore break, waves breaking in shallow water, adverse weather conditions, sharp coral, slippery rocks, sharks, fish, stinging jelly fish, man-o-war, and other marine life. Injuries resulting from or relating to the use of recreation equipment on a beach or in the ocean and/or participation in a water sport and/or water recreation activity includes but are not limited to, bruises, bites, cuts, contusions, burns, strains, sprains, fractures, concussions, paralysis and drowning. Other risks associated with use of recreational equipment in the ocean include but are not limited to, heat and weather exposure, dehydration, motion sickness, capsizing, equipment failure, water inhalation, contact with marine life, collision with buoys, rocks, debris, shores, equipment, other swimmers and/or users of recreation equipment. I understand that my use of recreational equipment on a beach or in the ocean may result in serious bodily injury and/or death. I understand that the description of risks in the Release of Liability, Waiver of Claims & Assumption of Risk (hereafter referred To as “document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated, may result in serious bodily injury and/or death. My use of recreational equipment and/or participation in a water sport and/or water recreational activity is purely voluntary. I have chose (elect) to participate having full knowledge of the risks associated with my participation. In consideration for being provided with recreational equipment and/or being permitted to participate in a water sport and/or water recreational activity, I agree on my own behalf and on behalf of my children and all others in my care, custody, or control (hereafter included in “I” or “my”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Lucas & Chantel Incorporated, Clear Kayaks Maui, related entities, and all respective officers, directors, employees, agents, principals and representatives (hereafter collectively referred to as “Releasees”). I voluntarily agree to fully and forever release and discharge Releasees from liability for damages for injuries resulting from, arising out of, or related in any way to the risks identified herein and those risks not specifically identified. I voluntarily waive my right to sue Releasees for any injuries or damages, including property damage, that may result from, arise out of, or be related in any way to the use of recreational equipment and/or participation in a water sport and/ or water recreational activity. If I choose to sue the Releasees, I will be responsible for all legal fees that occur. I knowingly and freely assume all such risks, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation in any ocean recreation activity, to the fullest extent of the law. 

I Agree


I agree to follow all the rules, guidelines, policies, regulations and recommendations made by Releasees

I certify that I am in good physical health and I am physically able to participate in activities safely

I understand that my use of recreation equipment will not be supervised

On behalf of myself, and anyone who may lay claim to me, I understand, represent, acknowledge and agree:

  1. That the above risks pose dangers that I and other reasonable persons understand to be associated with ocean activity by their very nature
  2. That the above risks pose dangers that a reasonable person would understand to exist despite caution taken to to eliminate or minimize the dangers
  3. That I am voluntarily assuming all of the above risks, and will be responsible for injuries and damages in any way connected with my participation in the ocean activity
  4. That in the event that injuries and or damages result from my participation in the ocean activity, I will not sue or make claim against Releasees
  5. That in the event search and rescue is required as a result of my participation in the ocean activity, I understand that I may be liable for the costs associated with this service and I will not sue or make claim against Releasees for this cost
  6. That should I, or anyone claiming by or through me, make claim released herein against any Releasees, I agree to pay such Releasees reasonable attorney fees and cost in defending against such claims

I Agree

If any portion of this Document shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the document and the remainder of the document shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.

I Agree







First Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email
A signed copy of this waiver will be sent to the email address you provide.
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*

Last Name*
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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