WING FOIL MAUI WAIVER AND RELEASE OF LIABILITY

I, being an adult (or a minor on whose behalf a parent or legal guardian is signing this document) (hereafter “I” or “me”), acknowledge that:

1) I Know How to Swim and Maintain Buoyancy in Open Water, and I Am in Good Health
My swimming skills are above those of a novice, and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time. Likewise, I am in good physical and mental health. I am not under the influence of any drugs, alcohol, medications, or other substances that may impair my swimming skills or my ability to take and follow instructions. I am not pregnant, nor am I suffering from any spinal or skeletal defect, hearing, vision, or balance impairment, or other physical impairment. I understand that the foregoing representations about my physical condition are being relied upon by **Wing Foil Maui**. I hereby agree to follow all rules, regulations, and instructions of **Wing Foil Maui** while participating in this class, lesson, or while renting equipment from **Wing Foil Maui**.

2) I Acknowledge That Wing Foiling May Be Dangerous and I Accept and Assume Such Risk
I am aware that open water activities in general, and wing foiling specifically, involve inherent risks. I may damage my belongings, get hurt, become injured, become ill, drown, or even die.
I further acknowledge that I have voluntarily chosen to rent equipment or take lessons from **Wing Foil Maui**, or if the individual taking such lessons or renting equipment is a minor, I have, as the minor’s parent or legal guardian, voluntarily consented to such minor’s participation.
I know and fully understand that water sports in and around wing foiling are dangerous ocean activities in an uncontrolled natural environment with inherent risks and hazards, where serious accidents can occur, participants can sustain property damage, injuries, illness, and even die. I acknowledge and willingly and voluntarily assume all risks and hazards in wing foiling and beach-related activities from the training sessions to the conclusion of the class, lesson, or rental period, including, but not limited to:
(a) loss of control of the board or other equipment, malfunction of the board or other equipment, falls from the board or other equipment, collision with other participants, equipment, other boards, rocks, and any other man-made or natural obstacles, whether obvious or not;
(b) judgment, decision-making, and conduct of the instructors;
(c) submersion in water, drowning;
(d) encounters with animals, marine life, plant life, rocks, and insects;
(e) exposure to the outdoor ocean environment, bacteria or microbes, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle related to this activity;
(f) assistance in lifting and/or carrying wing foiling equipment;
(g) rescue-related injuries; and
(h) unavailability of immediate and appropriate medical attention in case of injury.
I understand and acknowledge that the above list is not exhaustive; that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, disease, or death.

3) I Waive My Right to Sue Wing Foil Maui
In consideration for **Wing Foil Maui** agreeing to provide me with equipment rental or wing foiling instructions and/or allowing me to participate in this class or lesson, I agree that I shall not make a claim, bring any action, or sue **Wing Foil Maui**, its owners (including Ali Moradi), officers, agents, employees, associates, sub contractors or representatives (referred to collectively as “Wing Foil Maui”) for any damages. I voluntarily agree to release, discharge, and hold harmless **Wing Foil Maui** from and against any and all claims of liability, even those arising out of their negligence, fault, recklessness, or any other act or omission which causes me damages, property damage, illness, personal injury, disease, or death. I also expressly agree to release and discharge **Wing Foil Maui** from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency, or medical services.

 4) Permission to Obtain Medical Assistance
In the event of injury, illness, or other harm sustained by me (or by the minor on whose behalf I am signing), I hereby give **Wing Foil Maui** permission to obtain medical assistance. I release **Wing Foil Maui** from any claims related to the medical assistance sought or not sought. All expenses for such emergencies shall be my sole responsibility.

5) Responsibility for Equipment
I agree that I am fully responsible for all the equipment I use for lessons or rentals.

6) Damage to Equipment
The participant agrees to return all rented wing foil equipment (the "Equipment") in the same condition as provided, barring normal wear and tear. The participant will be responsible for any loss, theft, or damage to the Equipment during the rental period, regardless of whether the damage was accidental or intentional. In the event of damage, the participant agrees to pay for the full cost of repair or replacement as determined by **Wing Foil Maui**. The cost will be based on the current market value of the damaged Equipment. **Wing Foil Maui** will provide an itemized invoice, and the participant agrees to pay all charges immediately after the lesson. **Wing Foil Maui** reserves the right to charge the participant's credit card or other payment method on file for any damages or losses.

7) Right to Refuse Service
**Wing Foil Maui** reserves the right to refuse service to anyone for any reason, including safety concerns, failure to follow instructions, inappropriate or unlawful behavior, or any actions deemed disruptive or harmful to others or the environment. This right may be exercised at any time, even after the equipment has been provided, without refund or recourse.

8) Indemnity
I further agree to hold harmless, defend, and indemnify **Wing Foil Maui** from all defense costs, including attorney’s fees, incurred in connection with any claims arising from the activities anticipated herein, including but not limited to those for bodily injury, wrongful death, or property damage. This applies whether caused by or sustained by any minor under 18 years of age on whose behalf I am signing, or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity. Any actions shall be filed in the State Court of Hawai’i. If filed elsewhere, it shall be moved to the State Court of Hawai’i, Maui, on motion and at the option of **Wing Foil Maui**.

9) Mediation Clause
In the event of any dispute, controversy, or claim arising out of or relating to this agreement, the parties agree to attempt to resolve the matter through good faith negotiations. If these negotiations fail, the parties agree to submit the matter to mediation before pursuing any other legal remedies.
Mediation shall be conducted by a mutually agreed-upon neutral mediator located in the State of Hawaii. If the parties cannot agree on a mediator, one shall be appointed by the American Arbitration Association (AAA). The costs of mediation shall be shared equally, except that each party is responsible for their own attorney’s fees. Mediation shall be completed before any legal action, except in cases requiring immediate injunctive relief.

10) Agreement and Understanding
I have read this document in its entirety, and it is my intention that it be broadly construed in favor of **Wing Foil Maui**. I understand that I am assuming all the risks inherent in this wing foiling activity, and that I may be injured, become ill, or even die as a result of wing foiling. I understand this is a release of any and all claims and is the entire agreement between me and **Wing Foil Maui**. No representations outside of this agreement have been made to me. I voluntarily sign my name as evidence of my acceptance of all the provisions in this release and my agreement to be bound by them.