WAI KAI PRIVACY POLICY

Last modified: December 3, 2020

TABLE OF CONTENTS

  1. Introduction
  2. Children Under the Age of 13
  3. Information We Collect About You and How We Collect It
  4. personal information collected within the past 12 months
  5. Third-Party Use of Cookies and Other Tracking Technologies
  6. How We Use Your Information
  7. Disclosure of Your Information
  8. YOUR Choices About How We Use and Disclose Your Information
  9. Accessing and Correcting Your Information
  10. California Consumers’ Rights
  11. Other California Privacy Rights
  12. Data Security
  13. Changes to Our Privacy Policy
  14. Contact Information



1. Introduction

This website, experiencewaikai.com (the “Website”), is owned by Wai Kai Commercial Development, LLC (“Company”). As used herein, the terms “we,” “our,” and “us” also refer to the Company. We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Privacy Policy” or “Policy”).

This Policy describes the types of information we may collect from you when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

  • On our Website.
  • Through email, text, and other electronic messages between you and the Company.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • Offline, including through events, contests, and promotional sweepstakes.

This Policy does not apply to information collected by:

  • Any other website operated by the Company or any third party including our affiliates and subsidiaries; or
  • Any third party including our affiliates and subsidiaries, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Website, you agree to this Privacy Policy and the TERMS OF USE agreement, which is expressly incorporated herein. If you do not agree with our policies and practices, do not access or use the Website. This Policy may change from time to time. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

2. Children Under the Age of 13

Our Website is not intended for children under thirteen (13) years of age. No one under age thirteen (13) may provide any personal information through the Website. We do not knowingly collect personal information from children under age thirteen (13). If you are under age thirteen (13), do not use or provide any information on the Website or through any of its features, use any of the interactive features of the Website, or provide any information about yourself to us, including without limitation your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under age thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have collected any information from or about a child under age thirteen (13) without the consent of the child’s legal guardian, please contact us at aloha@waikaiexperience.com.

3. Information We Collect About You and How We Collect It

Information You Provide to Us


The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time you subscribe for informational updates or request further services. We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with our Website.
  • Records and copies of correspondence from you (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies

As you access, view, navigate through, and interact with our Website, we may use automatic data collection technologies to collect certain information about your computer equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).  We do not comply with to “do not track” browser settings and similar mechanisms.  

The information we collect automatically contains primarily statistical data, but we may maintain this data or associate it with personal information about you that we collect in other ways or receive from third parties.  It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unlike “do not track” browser settings which we do not comply with, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
  • Flash Cookies. Certain features of our Website may use local stored objects (or “Flash cookies”) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION below.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

4. Personal information collected within the past 12 months

Some of the information we collect is “personal information” that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996.
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Examples

Personal Information Category

A: Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

C: Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

We obtain the categories of personal information listed above from the following categories of sources:

  • – Directly from you, for example, from forms you complete.
  • – Indirectly from you, for example, from observing your actions on our Website through the use of cookies. For more on this, see YOUR CHOICES ABOUT HOW WE USE AND COLLECT YOUR INFORMATION below.

5. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on or used by the Website are provided by third parties, including advertisers, advertising networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION below.

6. How We Use Your Information

We may use or disclose the personal information we collect from you for one or more of the following purposes:


  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information about our products or services, we will use that personal information to respond to your inquiry.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your experience with our Website and to deliver content and product and service offerings relevant to your interests, including targeted offers and advertisements through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products, services, business, databases, and other technology assets.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • In any other way we may describe when you provide the information.
  • To fulfill any other purpose for which you provide it.
  • For any other purpose with your consent.

Our current practice is to securely store data indefinitely unless and until we are required to delete it or no longer have a business reason for retaining it. We will not collect additional categories of personal information or use the personal information we have collected for materially different, unrelated, or incompatible purposes without providing you notice by updating this Privacy Policy accordingly.

7. Disclosure of Your Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

Examples

Personal Information Category

A: Identifiers.

We may share this information with subsidiary organizations, affiliates, and advertising networks to offer you information on our goods and services at your request.

B: California Customer Records personal information categories.

We may share this information with subsidiary organizations, affiliates, and advertising networks to offer you information on our goods and services at your request.

C: Internet or other similar network activity.

We may share this information with data analytic providers, subsidiary organizations, affiliates, and advertising networks to offer you information on our goods and services based on your interactions with our Website.

We may disclose aggregated information about our users, and information that does not identify any individual, household, or device, without restriction.

We do not sell any personal information to any third parties and have not done so in the preceding twelve (12) months.

8. YOUR Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created the following mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website here. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by clicking the unsubscribe link, found at the bottom of every email, or by sending your request to aloha@waikaiexperience.com.
  • Targeted Advertising. If you do not want us to use information that We collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to aloha@waikaiexperience.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

9. Accessing and Correcting Your Information

You may contact us at aloha@waikaiexperience.com or 4475 Mission Blvd., Suite 228, San Diego, CA 92109 to correct or request access to or deletion of any personal information that you have provided to us. We reserve the right to deny a request to change information if we believe the change would cause the information to be incorrect or violate any law or legal requirement.

10. California Consumers’ Rights

The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. This section of the Policy applies only to California residents. If you are a California resident, this section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose and make available certain information to you about our collection and use of your personal information over the past twelve (12) months. This information includes the following:

  • The categories of personal information we have collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting your personal information.
  • The categories of third parties with whom we have shared your personal information.
  • If we shared your personal information with a third party for a business purpose, identifying the personal information categories that we shared with each category of third-party recipients.
  • The specific pieces of personal information we collected about you (also called a “data portability” request).

Upon receipt of such a request from you pursuant to the CCPA Request Instructions below and our verification of your identity, we will comply with your request and provide the requested information pursuant to the CCPA.

We do not provide a right to know or data portability disclosure for information provided on a business-to-business basis.

Right to Erasure

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Upon receipt of such a request from you pursuant to the CCPA Request Instructions below and our verification of your identity, we will comply with your request and delete the requested information and direct our service providers to take similar action pursuant to the CCPA unless there is an applicable exception allowing us to retain the information. Pursuant to the CCPA, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for information provided on a business-to-business basis.

Exercising Your Right to Know or Right to Erasure

In order to submit a request in exercise of your right to know or right to erasure under the CCPA (“CCPA Request”), please use the following CCPA Request Instructions.

Send us a written request to Aloha@AtTheLineUp.com or 4475 Mission Blvd., Suite 228, San Diego, CA 92109. In order for us to properly understand, evaluate, and respond to your request, you must include:

  • Your full name and any contact information (e.g., phone number, email address) that you provided to us through a form on the Website or separate correspondence.
  • Your physical address.
  • The nature of your request (i.e., disclosure of information, erasure of information, or both).
  • The specific types of information (from the list in the Right to Know and Data Portability section above) that you are asking us to disclose and/or erase.

Although not required, your request is more likely to be verified if you also provide your IP address.

Only you, or someone legally authorized to act on your behalf, may make a CCPA Request. We cannot respond to a CCPA Request or provide you with the information requested if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will rely only on the contents of the written request to verify the requestor’s identity and authority to make such a request.

You may not submit a CCPA Request to the Company more than twice within a twelve (12) month period, and we are not required to comply with or respond to any request that violates this provision.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please send your written request again, including reference to the date of your original written request. We suggest you send such a follow-up request by both mail and email using the contact information above. We endeavor to substantively respond to a verifiable CCPA Request within forty-five (45) days of its receipt. If we require more time, we will inform you in writing of the reason and the extension period, which will not exceed an additional forty-five (45) days.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of your request. If we cannot or are not required to comply with your request in whole or in part, we will explain the reasons why. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We will not charge a fee to process or respond to your verifiable CCPA Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will advise you of the cost and will complete your request once payment has been received.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you or suggest that you may receive different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with or suggest that you may receive a different level or quality of services as a result of your exercise of your CCPA rights.

11. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us a written request to Aloha@AtTheLineUp.com or 4475 Mission Blvd., Suite 228, San Diego, CA 92109.

12. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers. The safety and security of your information also depends on you. We urge you to be careful about giving out information in public areas, both online and offline. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

13. Changes to Our Privacy Policy

It is our policy to post any changes and updates we make to the Privacy Policy on this page. The date this Policy was last revised is identified at the top of the page.

We reserve the right to update or modify this Privacy Policy and the TERMS OF USE any time, at our sole discretion and without prior notice, by posting the revised versions to the designated pages on the Website for the Privacy Policy and TERMS OF USE. Any such changes will be effective immediately once we post the revised version on this Website, and you may access the current version of Privacy Policy and the TERMS OF USE at any time by clicking on the links marked “Privacy Policy” and “Terms of Use,” respectively, at the bottom of each page of this Website.

Your continued use of this Website after we have posted the revised Privacy Policy and TERMS OF USE constitutes your agreement to be bound by the revised Privacy Policy and TERMS OF USE. You are responsible for periodically visiting our Website, this Policy, and the TERMS OF USE so you are aware of any changes, as such changes will be binding upon you. We will update the “effective date” at the top of this page and on the TERMS OF USE page to reflect the date of the most recent revisions.

14. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:


aloha@waikaiexperience.com or 4475 Mission Blvd., Suite 228, San Diego, CA 92109.

Your continued use of this Website after we have posted the revised Privacy Policy and TERMS OF USE constitutes your agreement to be bound by the revised Privacy Policy and TERMS OF USE. You are responsible for periodically visiting our Website, this Policy, and the TERMS OF USE so you are aware of any changes, as such changes will be binding upon you. We will update the “effective date” at the top of this page and on the TERMS OF USE page to reflect the date of the most recent revisions.

Appendix a

This Appendix only applies to you if you are an individual residing in the European Economic Area (“EEA”). This Appendix outlines certain additional information that the Company is obligated to provide to you, as well as certain rights you have with respect to the processing of your personal information, pursuant to applicable local laws. This Appendix will control to the extent it conflicts with any provision in the main body of this privacy policy.

Data Controller: The entities that make decisions about how your data are used are Wai Kai Commercial Development, LLC, Wai Kai Wave LLC, and Surf Park Management, Inc.

Purposes and Legal Basis for Processing: The Company processes your personal information for the purposes set forth in the HOW WE USE YOUR INFORMATION and DISCLOSURE OF YOUR INFORMATION sections of the main body of this Privacy Policy.

The legal bases for the Company’s processing activities include processing such information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, guests, and others, for our legitimate business interests described below, and pursuant to your consent.

The particular legal basis for the processing of your personal information varies depending on the purpose for which such information was provided or collected as follows:

Forms: Completion of fillable form pages on the Website is voluntary. We process the information obtained from the Website forms on the basis of your consent and in furtherance of our business interests, including marketing, service improvements, and analytics.

Social Media: Participation in Company-sponsored social media activities and offerings is voluntary. We process information obtained from social media participation on the basis of your consent and in furtherance of our related business interests, including for marketing, service improvements, and analytics and service personalization.

Direct Marketing: We use your personal information to send you marketing messages on the basis of your consent. You may withdraw your consent for direct marketing communications at any time by contacting us at info@waikaiexperience.com or by following the unsubscribe instructions in the marketing message.

Retention: We retain personal information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship and for any period thereafter as legally required or permitted by applicable law. Our retention policies reflect applicable statute of limitation periods and legal requirements.

Data Subject Rights: Residents of the EEA have the following rights:

Access, Correction and Erasure Requests

You have the right to:

  • ask us to confirm whether we are processing your personal information
  • receive information on how your data is processed
  • obtain a copy of your personal information
  • request that we update or correct your personal information
  • request that we delete personal information in certain circumstances

Right to Object to Processing

You have the right to request that the Company cease processing of your personal information:

  • for marketing activities, including profiling for statistical purposes
  • where such processing is based on our legitimate business interests, unless we are able to demonstrate a compelling legitimate basis for such processing or we need to process your personal information for the establishment, exercise, or defense of a legal claim

Right to Restrict Processing

You have the right to request that the Company limit the processing of your personal information:

  • while the Company is evaluating or in the process of responding to a request by you to update or correct your personal information where such processing is unlawful and you do not want the Company to delete your data
  • where the Company no longer requires such data, but you want us to retain the data for the establishment, exercise, or defense of a legal claim
  • – where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request

Where we limit the processing of your personal information pursuant to your request, we will inform you prior to re-engaging in such processing.

Data Portability Requests

You have the right to request that we provide you or a third party that you designate with certain of your personal information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.

Right to Withdraw Consent

You have the right to withdraw your consent to any processing that we conduct solely based on your consent (such as sending direct marketing materials to your personal email account). You may withdraw your consent to marketing activities by following the instructions on any marketing emails, or contacting aloha@waikaiexperience.com.

Submitting Requests: Your requests may be submitted to aloha@waikaiexperience.com.

We will respond to all such requests within thirty (30) days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to sixty (60) days to respond. We will inform you if we expect our response to take longer than thirty (30) days. Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of data that you request.

If you have concerns about our data practices or the exercise of your rights, you may either contact the Company at aloha@waikaiexperience.com or the supervisory authority in the Member State of your residence.

International Data Transfers: We may transfer the personal information we collect about you pursuant to the purposes described in this privacy policy to countries that have not been found by the European Commission to provide adequate protection. In particular, we transfer your personal information to the United States. We use appropriate safeguards for the transfer of personal information among our affiliates in various jurisdictions.

European Commission Standard Contractual Clauses

We use Standard Contractual Clauses (also known as Model Contractual Clauses) as the legal basis for transferring personal data to countries outside the EEA, including the United States. We protect your personal data and have put appropriate technical and organizational safeguards in place to meet these standards.

Privacy Shield Principles

On July 16, 2020, the Court of Justice of the European Union invalidated the EU-US Privacy Shield. We no longer use the Privacy Shield Frameworks as the legal basis for transferring personal data to the United States. However, we continue to apply these principles for additional protection.


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THE LINEUP AT WAI KAI

Voluntary Acknowledgement of Risks, Release of Liability, Waiver of Claims and Indemnification, and Image Release Agreement.

Notice: This document affects your legal rights. By signing this document, you are waiving certain legal rights, including the right to sue. By signing below, you acknowledge that you have read and understood the disclosures of risks, voluntarily accept those risks, and agree to be bound by all terms of this Voluntary Acknowledgement of Risks, Release of Liability, Waiver of Claims and Indemnification, and Image Release Agreement (the “Release” or “Agreement”). You also understood that you may seek advice from legal counsel if you had any doubt before signing this Release and by not doing so, you are representing that you understand the language used in this Release.


Review Privacy Policy

In consideration of being allowed entry onto the Wai Kai Lagoon, the surrounding waterfront area, and/or the Wai Kai Wave and/or being allowed to enter the real property located on, or about, 91-1621 Keoneula Boulevard, Ewa Beach HI 96706 (collectively, the “Venue”), for any reason, including, but not limited to, swimming, surfing, surf lessons, body surfing, boogie boarding, kayaking, outrigger canoe paddling, stand up paddle boarding, participating in an obstacle course, and all other types of recreational paddling, electric boards, boat tours and excursions, pedal boats, all other forms of boats, using bikes (manual or electric), skateboarding, inline skating, roller-skating, sliding, floating, tubing, submerging, walking, running, crawling, racing, riding in any moving vehicle, participating in water-based activities, and/or lounging or spectating anywhere on the Venue and/or on the Wai Kai Lagoon waterfront area, (the “Activities”) the Participant, and the Participant’s parent(s) or legal guardian(s) or supervising companion, if the Participant is a minor (the “minor”) (collectively Participant and Participant’s parent(s) or legal guardian(s) or supervising companion are referred to as “Participant,” “Releasor,” and/or “I”), agree to the terms of the Release, and to the fullest extent permitted by law, do hereby AGREE, as follows:

1)      I FOR MYSELF AND/OR THE MINOR(S) understand and agree that this Agreement benefits, and is in favor of, all owners, operators, and specific named vendors of the Venue and their affiliates including, but not limited to, Wai Kai Wave, LLC, Wai Kai Recreations, LLC, Wai Kai Commercial Development, LLC, Haseko (Hawaii), Inc., Haseko (Ewa), Inc., Hoakalei Corporation, Hoakalei Development, LLC, Haseko Development, Inc., Wai Kai Lagoon, Inc., Surfline\Wavetrak, Inc., and Cazimero Surf LLC dba Kekoa Cazimero Surf Experience and any and all of each of their respective parents, subsidiaries, affiliates, officers, directors, shareholders, members, managers, principals, agents, employees, representatives, successors, and assigns (collectively, the "Releasees").

2)      I FOR MYSELF AND/OR THE MINOR(S) understand and agree that Haseko (Hawaii), Inc., Haseko (Ewa), Inc., Hoakalei Corporation, Hoakalei Development, LLC, Haseko Development, Inc., Wai Kai Lagoon, Inc., and their respective parents, subsidiaries, affiliates, officers, directors, shareholders, members, managers, principals, agents, employees, representatives, successors, and assigns are not the owners or operators of a business providing recreational activities to the public, but instead are the owners or managers of the Lagoon, or their affiliates, who are allowing me and the minors to access and use the Lagoon for recreational purposes without charge.

3)      I FOR MYSELF AND/OR THE MINOR(S) hereby assume full responsibility for any and all risk of bodily injury, psychological injury, death, or property damage I may suffer as a result of my entry into and presence at and around the Venue and/or my or participation in the Activities. Without limitation, this includes serious bodily injury, emotional distress, mental suffering, paralysis, drowning, near drowning, death, or property damage resulting from the negligence or carelessness of Releasees, and/or that I may suffer as a result of inherently dangerous activities and conditions at the Venue.

I understand and acknowledge that my presence and participation in the Activities at the Venue are inherently dangerous and involve significant risk of bodily injury, death, and property damage, and while the Venue’s rules, certain safety equipment, and my or the minor’s personal discipline may reduce these risks, the risks of property damage, serious injury or death exist regardless of my or the minor’s experience or familiarity with such Activities. I understand that my presence and participation in Activities at the Venue can lead to injuries, death, and/or property damage from a combination of factors including but not limited to use or failure of equipment (boards, leashes, and other assistive devices); rough falls and forceful contact with equipment, water, other participants and persons, walkways, the decks surrounding the water activities; other surfers or water users; the conditions of the Venue, including deep water, high, steep and/or slippery slopes, ramps, walls or embankments, grounds and grassy areas, sand and sandy areas, high elevations, loose rocks and boulders, the lack of places to exit the deep waters of the Wai Kai Lagoon other than at certain designated entry and exit points, and the activities of other persons at the Venue, wildlife, and/or weather; installation, maintenance and operation of technology, equipment and machinery; errors by individuals who may be assisting me or the minor; drowning; delays, errors, or the occasional use of force by rescuers; prolonged sun exposure; and/or other causes. In addition, areas where people gather socially involve risks of illness, medical complications, injury, or death, associated with epidemic or pandemic diseases. Notwithstanding these risks and other hazards of my and/or the minor’s presence and participation in Activities at the Venue, and large gatherings, which may be foreseeable but not specifically identified herein, I understand and acknowledge that I expressly and voluntarily assume all risks and full responsibility for any bodily injury, death or property damages pertaining to, or involving, myself or the minor, and arising out of or related to the Venue and Activities at the Venue, whether or not due to any negligence or other unintentional wrongdoing of any of the parties being released. 


4)      I FOR MYSELF AND/OR THE MINOR(S) understand and acknowledge that Releasees may not be aware of my or the minor’s fitness limitations, abilities, familiarity with the water and surfing, and/or health conditions. I hereby represent that for myself and/or the minor(s) (i) I/we are in good health and in proper physical and mental condition to participate in the Activities; and (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities, and will not be under such influence at any time I/we participate in the Activities. I agree that it is my sole responsibility to determine whether I and/or the minor are sufficiently fit and healthy enough to participate in the Activities. 


5)      I FOR MYSELF AND/OR THE MINOR(S) waive, release and discharge, and agree not to sue Releasees all claims and liabilities, resulting from: (1) the Releasees': (a) negligence, including failing to maintain the Venue in a safe condition; (b) failure to provide adequate or adequately trained lifeguards or safety personnel or patrols at the Venue; (c) failure to maintain adequate emergency, medical, and safety procedures and protocols; (d) failure to warn me about or protect me from dangerous equipment, machinery, operations, or conditions at the Venue; (e) ownership or management of the Venue; (f) operation of services, technology or equipment at the Venue or otherwise made available by the Releasees; and/or (g) failure to maintain or create places to exit the deep waters of the Wai Kai Lagoon other than at certain designated entry/exit points; and/or (2) the conduct of vendors, emergency personnel, rescue personnel and all other third parties at the Venue including, without limitation, conduct that is negligent, grossly negligent, or intentional.

6)      I FOR MYSELF AND/OR THE MINOR(S) agree to indemnify and hold Releasees harmless from any and all losses, liabilities, damages, costs, and attorney's fees Releasees may incur as a result of any bodily injury, psychological injury, paralysis, drowning, near drowning, death, or property damage I suffer at the Venue, or the events that result in my bodily injury, psychological injury, paralysis, drowning, near drowning, death, or property damage.

7)      I FOR MYSELF AND/OR THE MINOR(S) agree that if I make a claim for bodily injury, psychological injury, paralysis, drowning, near drowning, death, or property damage arising from or related to the Venue (hereafter referred to as "My Claim") against a third party and one or more claims, cross-claims or third party complaints (hereafter referred to as "Third Party Claims") are made against Releasees including, without limitation, claims for contribution or indemnification, I will waive, release, reduce or diminish My Claim to the fullest extent necessary to eliminate Releasees' liability with respect to the Third Party Claims.

8)      I FOR MYSELF AND/OR THE MINOR(S) agree that if any provision of this Agreement is determined to be invalid or unenforceable, that determination shall not render this entire Agreement invalid or unenforceable, and the remainder of this Agreement shall continue in full force and effect.

9)      RELEASE OF ALL RIGHTS RELATED TO MY AND/OR THE MINOR(S) AUDIO, VIDEO AND PHOTOGRAPHIC IMAGE: I for myself and/or the minor(s) hereby agree to a blanket release of all rights related to my and/or the minor(s) audio, photographic image, and/or video that may arise out of my participation in the Activities or use of the Venue. I understand that this release includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by Releasees or their licensees. Further, I for myself and/or the minor(s) hereby grant full permission for Releasees, to record any or all of my, or the minor(s)’, participation, in the Activities or use of the Venue and hereby grant the Releasees the irrevocable, sublicensable right and license to use my, or the minor(s)’, name, image, voice and/or likeness, with or without notice, without restriction as to changes or alterations, in the Activities in all forms, media and manners, including for photos, motion pictures, TV, radio, Internet, recordings, videotapes, social media, and other media, known or unknown, and to use them in perpetuity throughout the world, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, and/or any other lawful purposes (whether public or private), without any reimbursement of any kind due to me, or the need to pay me any fee or compensation whatsoever.

10)  FOLLOW ALL RULES: I FOR MYSELF AND/OR THE MINOR(S) have read and understand all rules provided with this Release and agree to follow all rules of the Activities, including all additional written instructions and verbal commands provided by the Venue’s coaches, guides, attendants, other staff, and/or any of the Releasees their agents, employees and/or representatives. I further agree to exercise good judgment for the health and safety of myself and others, and to use common sense. 

[Initialing confirms you have read the rules and agree to follow them].


11)  I agree that regardless of where this document is executed, this Release is deemed a private contract entered into in Hawaii and any issues related to this Release an issue regarding the enforceability of this Release shall be governed by Hawaii law. I also agree and consent to jurisdiction for any and all disputes related to this Release to be in the appropriate State and Federal courts located in Honolulu, Hawaii.

12)  I further agree that my electronic signature(s) included in this document is intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signatures means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record.

I FOR MYSELF AND/OR THE MINOR(S) CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND AGREE TO THE TERMS OF THIS AGREEMENT. I CERTIFY THAT I AM SIGNING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND THAT I AM AWARE THAT THE ONLY CONSIDERATION BEING PROVIDED TO ME IN EXCHANGE FOR MY SIGNING THIS AGREEMENT IS PERMISSION TO ENTER THE VENUE. 


Participant: I represent that I am Eighteen (18) years of age and older  

I Agree


If the Participant is not 18 years of age or older, then the following Parent or Guardian Consent must be read and signed before the participant is allowed to use the Venue and its facilities.


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*

Confirm Email*
Check to receive information, news, and discounts by e-mail.

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 CONSENT

I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate in the Activities the parent or legal guardian of the minor Participant must sign certain legal documents, including but not limited to this Release. I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same. In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify (including attorney’s fees and costs) the Releasees if any litigation is instituted, as a result of any injury or death or property damage claim for damage arising out of, relating to, or in any way connected with, minor’s participation in the Activities or use of the Venue. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this and/or related/separate document. [Initial, if for minor]  [initial]  

Parent or Guardian's Name

First Name*

Last Name*

Relationship*

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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