Statement of Understanding - Warranty of Ability – I understand that each person who signs up for a BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP(MDS), 3090 INCORPORATED (Alii Nui), NO KA OI CHARTERS, INC. (Maka Koa & Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and RED MAKA KOA VESSEL, LLC, training class or activity warrants that he or she is physically and mentally capable of participating successfully in that recreational activity. I further understand and agree that there will be no refunds for seasickness or any other reason that prevents an individual from participating fully.
- Minors – I understand that a parent or guardian must sign all minors’ forms and that children under 12 must be accompanied by a parent or guardian at all times, whether on the boat or in the waters.
- Possible Changes – I understand that the scheduled charter destinations are subject to weather and conditions, and BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP(MDS), 3090 INCORPORATED (Alii Nui), NO KA OI CHARTERS, INC. (Maka Koa & Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and RED MAKA KOA VESSEL, LLC reserve the right to cancel charters or change destination at any time. I further understand that some charters or activities may be cancelled at any time due to lack of sufficient participation.
Date: July 26, 2024 Waiver and Release of Liability Assumption of Risk and Indemnity Agreement
THIS FORM IS TO BE USED FOR ALL DIVING ACTIVITIES OTHER THAN OPEN WATER DIVER TRAINING THIS IS A WAIVER OF YOUR RIGHTS TO SUE 1. I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE , BOB’S MAUI DIVE SHOP, INC, dba MAUI DIVE SHOP(MDS), 3090 INCORPORATED (Alii Nui), NO KA OI CHARTERS, INC. (Maka Koa & Koa Kai), RED MARINE KEY WEST, LLC, RED ALII NUI VESSEL LLC, and RED MAKA KOA VESSEL, LLC and ITS EMPLOYEES, AGENTS AND DIVE BOATS, WHETHER OWNED, OPERATED, LEASED OR CHARTERED AND TO HOLD THESE ENTITIES THE “RELEASED PARTIES” HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING, BUT NOT LIMITED TO, ACTIVE OR PASSIVE NEGLIGENCE. 2. I understand that swimming, wading, snorkeling, solo diving, unsupervised solo diving, free diving, and unsupervised free diving (hereby referred to as RECREATIONAL ACTIVITIES) are hazardous activities with inherent risks and those dangers associated including, but not limited to, risks associated with equipment failure, perils of the sea and acts of fellow divers which could result in my serious injury or death. BY WAY OF MY SIGNATURE I EXPRESSLY ASSUME THESE RISKS. I assert that I am physically fit to participate in the sports of swimming, wading, snorkeling, Huka diving, Scuba diving, solo diving, unsupervised solo diving, free diving, unsupervised free diving, and unsupervised Scuba diving and I agree by way of my signature that I will not hold any of the above named individuals, persons, or entities responsible if I am injured as a result of any medical conditions while participating in any of these activities. I do not have in my possession any illegal drugs, nor am I taking, nor have I recently taken any drugs or medications which could cause an adverse reaction as a result of combining such drugs and/or medication with participating in any of these activities. I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether foreseen or unforeseen and whether caused by the negligence of the Releasee or otherwise, I HEREBY SEPARATELY agree to INDEMNIFY and SAVE and HOLD HARMLESS the Releasee from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to participation and/or instruction in said course, activities, or any other related diving operations, whether caused by the negligence of the Releasee or otherwise. I HEREBY acknowledge that SWIMMING, WADING, SNORKELING, SOLO DIVING, UNSUPERVISED SOLO DIVING, FREE DIVING, AND UNSUPERVISED FREE DIVING, ARE POTENTIALLY DANGEROUS ACTIVITIES and involves the risk of serious injury and/or death and/or property damage. I FURTHER ACKNOWLEDGE that diving with compressed air involves certain risks and injuries that can occur which require treatment in a recompression chamber or other facility which may require a great distance of travel. I UNDERSTAND that the open water diving trips which are necessary for training and certification or for other diving activities may be conducted at a site that is remote, either by time or distance or both, from a recompression chamber or medical facilities. Nevertheless I expressly wish to proceed with this trip. 3. Prior to leaving the dock, beach, or store I will inspect all of my equipment to be used and I will notify the dive vessel, instructor or store of any equipment which I find to not be functioning properly. I will not hold the dive store or any of its employees, agents or dive boats, nor the vessel responsible for my failure to inspect my equipment prior to entering the water. 4. I will be present and attentive to the safety briefings given by the Divemasters or Instructors and Captains. I understand that I have to be responsible for my own safety. 5. I will immediately cease and abort my RECREATIONAL ACTIVITIES if: (1) I feel uncomfortable with my abilities to participate in these activities and/or;
(2) If conditions are worse than those for which I have been trained or for which I am comfortable. 6. I hereby acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures and agree that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as permitted by the laws of the Province or State in which the activities are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 7. I understand that certain physical conditions are absolute contraindications to RECREATIONAL ACTIVITIES. I affirm that I do not have any of the following conditions: Heart Condition, Seizures, Pregnancy, Insulin-Dependent Diabetes, Recurrent Back Problems, Ear or Sinus Conditions, Circulatory, Lungs, or Respiratory Conditions, Head Injury, Mental or Behavioral Problems, or Drug or Alcohol Abuse. I am physically and mentally fit. I will not hold any of the above entities and individuals responsible for my failure to disclose these conditions. 8. I am aware that Alcoholic Beverages may be served on the vessel during some part of the charter. I understand that I must be at least 21 years of age to drink alcoholic beverages; that proper identification is required, and I will not allow anyone under the age of 21 to drink. I agree that it is my responsibility to drink responsible. I will not drink excessively during the charter, and I will use a designated driver if I feel I have had too much to drink. I understand that the above entities have the right to refuse service to anyone. I will not hold the above entities or individuals responsible for my failure to follow the requirements. 9. By way of my signature on this document it is my express intention by way of this instrument to voluntarily give up my right to sue all individuals, or entities or vessels referred to herein, whether specifically named or not and it is also my intention to exempt and relieve the vessel, its employees, agents and dive boats whether owned, operated, leased or chartered from all liability arising as a consequence of any act or omission including, but not limited to, active or passive negligence. By way of my signature on this document I fully agree to indemnify and hold these entities named within this document harmless from any and all liability for personal injury of any sort property damage or wrongful death by myself, heirs and assigns, and I assume expressly all risks in connection with the activities of swimming, wading, snorkeling, solo diving, unsupervised solo diving, free diving, and unsupervised free diving. 10. IF I HAVE ANY QUESTIONS WITH RESPECT TO THE CONTENTS OF THIS DOCUMENT I CERTIFY THAT I HAVE FULLY INFORMED MYSELF BEFORE SIGNING MY NAME BELOW. I FULLY AGREE TO THE TERMS AND CONDITIONS HEREIN AND REALIZE THEY ARE GIVEN IN EXCHANGE FOR THE DIVE STORE AND/OR THE VESSEL ALLOWING ME TO PARTICIPATE IN THIS ACTIVITY. I UNDERSTAND THAT THIS IS A CONTRACT.
Date: July 26, 2024 ATTACHMENT B PRE-TRIP BRIEFING AND ACKNOWLEDGEMENT FORM
Molokini Shoal Marine Life Conservation District use permit* Molokini Islet is the southern rim of an extinct volcanic crater. The shallow inner cove is the crater's submerged floor which is covered by sand patches, coral and boulders. The coral reefs within the crater support abundant marine life which is among the most diverse and impressive in Hawaii. The water in and around Molokini are designated as a Marine Life Conservation District (MLCD), which makes it a strictly protected marine reserve. While enjoying your visit to Molokini, Please help us to protect this precious area by following these rules and guidelines: - The taking, injuring or disturbing of any living material (fishes, turtles, eggs, shells, corals, seaweed, etc.) or non-living habitat (sand, rocks, coral skeletons, etc.) is strictly prohibited. Sea turtles may not be approached or harassed at any time.
- Make sure you avoid contacting the bottom at all times and stay out of the shallow water immediately next to shore. Keep hands and feet well away from any rock or coral, and use a flotation device if you need help swimming or if it is required by your guides.
- Feeding fish or introducing any material into the water that could attract marine life is strictly prohibited. Fish feeding can change the type of fish in the reserve, stimulate aggressive behavior, and reduce normal grazing patterns that maintain a healthy reef.
- Stay away from shore and do not attempt to climb onto the island. Molokini is a seabird sanctuary and entry is strictly prohibited.
- Avoid excessive splashing and creating loud noises that can disturb both protected marine life and seabirds.
- It is illegal to pollute or introduce human waste into the MLCD waters.
- Listen to your guides, Follow their instructions, and do not venture too far away from your tour vessel. Weather and current conditions at Molokini can change very quickly, and this can create dangerous situations if you get separated from your boat.
I certify that I have read and will comply with all the rules and guidelines listed above.
Date: July 26, 2024 (*Operators: Please have each passenger sign a copy of this form prior to each commercial trip to Molokini Shoal MLCD, and retain signed all signed copies for no less than one year following each trip.) |
