READ BEFORE SIGNING Event Host: Sand Ohana co/ Joseph & Sunshine Lambert; Empact co/ Jeff Samuels; Kauai Beach Volleyball Na Opio co/ Aubrey Fox Waiver, In consideration of being allowed to participate in any way, today and on all future dates, I hereby assume all of the risks of participating in any & all activities at Sand Ohana, Empact, and Kauai Beach Volleyball Na Opio Clinic at Kalapaki Beach. The undersigned acknowledges, appreciates, and agrees that: The risk of injury from the activities involved at property is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, 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; and, I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, HOLD HARMLESS and covenant not to sue Joseph & Sunshine Lambert, Jeff Samuels, Aubrey Fox, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, contractors, representatives, volunteers, successors and if applicable, owners and lessors of premises used to conduct any event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, ILLNESS, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. (A) I WAIVE, RELEASE, AND DISCHARGE the Host from any and all liability, including but not limited to, liability arising from the negligence of the Host, for my death, disability, personal injury, property damage, property theft, or any other damage or actions of any kind which may affect or impact me in any way arising from, but not limited to, individual use and/or participation in activities, classes, observation, and use of facilities, premises or equipment under the direction and control of a lessee of the Hosts. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. |