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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.

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.


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] 


  


First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
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*
Check to receive information, news, and discounts by e-mail.
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*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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