In consideration for being allowed to participate in the Paddling Program, the undersigned PARTICIPANT:
1. Acknowledges and agrees that outrigger canoeing is an inherently dangerous activity that exposes participants to risks of harm and serious injury, including but not limited to permanent injury and death, and severe social and economic loss, which might result not only from his/her own action, inaction or negligence, but the action, inaction or negligence of others, wind and ocean conditions, or the condition of any equipment used, and that there may be other risks not known to us or not reasonably foreseeable at this time.
2. Without limitation to the foregoing, acknowledges and agrees that said risks include, but are not limited to, the condition of canoes, swamping and turning over of canoes, the transport of canoes to/from the ocean, currents, waves, winds, and canoe distance from shore that may limit the ability of paddlers and medical/emergency personnel to timely respond to a canoe paddling accident or personal health condition.
3. Represents that s/he is a competent swimmer, in good physical condition and able to take care of herself /himself in the ocean in the event of an incident arising out of the above risks.
4. Agrees that prior to participating in canoe activities, s/he will inspect the canoe and equipment to be used, and if s/he has reason to believe that anything is unsafe, including but not limited to wind and ocean conditions, s/he will immediately advise the steersperson of such condition and refuse to participate.
5. Agrees that if, while participating in the paddling program, s/he has reason to believe that s/he is exposed to risk of harm beyond her/his tolerance, s/he will immediately inform the steersperson and, to the extent possible, remove herself/himself from that activity.
6. Will not participate while under the influence of alcohol or drugs, or if s/he has any physical or mental condition that may impair his/her ability to understand instructions or to participate without creating risk to himself/herself or others.
7. Assumes all the foregoing risks and accepts personal responsibility for the harm, damages and loss following such injury, permanent disability or death.
WAIVER AND RELEASE.
PARTICIPANT hereby waives any and all past, present and future claims against, and releases and agrees not to sue, Kawaihae Canoe Club, Kupuna Division, Paddlesport Risk Management, LlC, its insurers, members, directors, agents, and other participants, the County of Hawaii, and any other persons or entities associated therewith (all herein referred to as “Releasees”), from all demands, claims, losses and damages on account of injury, including but not limited to death or damage to property, caused or alleged to be caused, in whole or in part, by the negligence of any of the Releasees to the extent permitted by law.
INDEMNIFICATION.
PARTICIPANT agrees to indemnify, defend and hold harmless the Releasees from and against all claims, losses, damages, causes of action, judgments, costs and expenses, including but not limited to attorneys’ fees, and all other liabilities arising out of or relating to PARTICIPANT’S participation in the paddling program and the use of the canoes and other property of Kawaihae Canoe Club, Kupuna Division, even if caused by the ordinary negligence of any or all of the Releasees.
SEVERABILITY, JURISDICTION AND LAW.
This agreement is intended to be as broad and inclusive as permitted by law. If any part of this agreement is held to be invalid, the balance thereof shall remain valid and in full force and effect; and, if necessary, shall be modified to further its intent to waive rights against, and release and indemnify the Releasees, against all claims and liabilities as may be permitted by law.
This agreement shall be interpreted and enforced under the laws of Hawaii County and the State of Hawaii. The courts located therein shall have exclusive jurisdiction over all claims, controversies and lawsuits relating to this agreement, and PARTICIPANT’S participation in the paddling program or use of any property of the Kawaihae Canoe Club, Kupuna Division.
BY SIGNING THIS AGREEMENT, I, the undersigned PARTICIPANT, state and affirm that I was given the opportunity to read this Waiver, Release and Indemnification in full; I have done so; I understand its terms; I understand that by signing it I may be giving up legal rights that I otherwise have; I sign it freely, voluntarily, and without any other representations made to me.