Customer Booking Waiver
Sign to confirm your understanding and agreement
Waiver Agreement
Waiver Text
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I wish to participate on the recreational charter boat excursion or guided beach adventure being operated by a third party company booking through Shore Excursions Group, and I acknowledge that my participation is completely voluntary. ## PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK *By electronically signing this Agreement, I am acknowledging that I have read it in full, that I understand it, and that I agree to be legally bound by all of its terms.* **READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.** --- ## 1. ACTIVITIES COVERED BY THIS AGREEMENT I wish to participate in one or more of the following recreational, educational, training, or charter activities operated, guided, taught, hosted, or facilitated by Hilo Ocean Adventures, LLC ("HOA"), and I acknowledge that my participation is entirely voluntary. This Agreement applies to all of the following activities, whether conducted from a vessel, from shore, in a pool, on a river, in the ocean, or on land: - Recreational SCUBA diving (shore dives, boat dives, night dives, single- and multi-tank dives) - SCUBA instruction and certification programs (Try Scuba, Discover Scuba Diving, Refresher, ReActivate, Open Water, Advanced Open Water, Rescue Diver, specialty courses including Night, Deep, Naturalist, Peak Performance, Dive Against Debris, and Avelo certifications) - Snorkeling tours (shore-based and boat-based) - Boat charters, cruises, and excursions (including sunset, whale watching, waterfall, fishing, private charters, and snorkel/dive vessels) - Big game and near-shore fishing charters - Kayak tours and rentals (ocean bay, river, and coastal) - Stand-up paddleboard (SUP) tours, lessons, and rentals - Surfboard and bodyboard rentals - Whale watching tours - Swim school and pool programs (including infant/keiki classes, beginner through advanced, stroke clinics, ocean lessons, triathlete training, and private pool sessions) - Lifeguard training and certification courses - Summer camp and youth programs - Land-based components of tours, including but not limited to ʻAkaka Falls State Park, the Onomea / Hamakua coast, Mana's Aloha Farms fruit stand, beach approaches and shore-entry sites (including Wai'olena, Richardson's, Reed's Bay, Coconut Island, Hilo Bay, and the Wailoa River) - Equipment rentals (snorkel, SCUBA, kayak, SUP, surfboard, beach chairs and umbrellas) used on or off HOA premises - Transportation provided by HOA to and from any activity site - Any related activity on HOA premises, docks, beaches, or vehicles, including gearing up, briefings, debriefings, and informal social time before, during, and after activities Collectively, these are referred to as the "Activities." This Agreement applies to every Activity I participate in with HOA, whether on the date I sign or in the future, unless and until I sign a new agreement that expressly supersedes this one. --- ## 2. EXPRESS ASSUMPTION OF RISK **I UNDERSTAND THAT BOATING, SNORKELING, SCUBA DIVING, FREE DIVING, BREATH-HOLD SWIMMING, KAYAKING, STAND-UP PADDLEBOARDING, SURFING, SWIMMING, FISHING, WHALE WATCHING, AND ALL RELATED OCEAN, RIVER, BEACH, AND LAND ACTIVITIES ARE INHERENTLY DANGEROUS AND CARRY A REAL RISK OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH.** I am voluntarily participating with full knowledge of these risks. I acknowledge that the risks I assume include, but are not limited to, the following: ### Marine and Ocean Environment Risks - Drowning, near-drowning, secondary drowning, and aspiration of water - Strong, sudden, or unexpected currents, rip currents, undertow, and surge - Large, sudden, or breaking surf, swell, and wave action, including rogue waves - Cold water, thermal shock, hypothermia, and rapid temperature changes between surface and depth - Sunburn, sun poisoning, heat exhaustion, heat stroke, dehydration, and prolonged exposure to wind and salt water - Encounters with marine life, including but not limited to sharks, eels, octopuses, jellyfish, Portuguese man-o-war, sea urchins, cone shells, scorpionfish, lionfish, stingrays, fire coral, sharp coral, and other stinging, biting, venomous, or toxic organisms - Cuts, scrapes, punctures, abrasions, and infections from coral, rock, lava, sea urchin spines, marine animals, or equipment - Slips, trips, and falls on wet decks, swim steps, ladders, docks, lava rock ledges, volcanic shorelines, tide pools, slippery shore-entry points, and natural terrain at sites such as Wai'olena Beach and Richardson's - Entry and exit from the water in dynamic shoreline conditions, including loss of balance during the transition from rock to ocean - Inability to fight sustained currents, including at the Richardson's surf channel and similar locations - Changing weather, including squalls, lightning, high winds, fog, and reduced visibility - Turbid or low-visibility water, including from heavy rainfall, river runoff, or sediment - Volcanic activity, including vog (volcanic smog), laze, ash, ground instability, and sudden eruptive events on the Big Island - Tsunami, earthquake, flash flood, and other natural disasters ### Vessel and Watercraft Risks - Collision with other vessels, fixed objects, the shore, the dock, or marine debris - Capsizing, sinking, swamping, taking on water, fire, or other vessel emergency - Equipment failure, mechanical failure, or loss of propulsion, navigation, or communication equipment - Falls overboard or being struck by the vessel, propeller, anchor, line, or rigging - Injury from sliding seat covers, shifting gear, falling objects, swinging booms, lines under load, or other moving equipment - Injury while boarding or disembarking the vessel, including from the dock, from the water, or from the swim ladder - Climbing a vertical swim ladder while wearing weighted SCUBA gear, with the risk of falling backward onto divers or equipment in the water below - Walking, kneeling, or maneuvering on a moving deck while wearing SCUBA gear or carrying heavy equipment - Crowded conditions in the stern, gear-up area, or other tight spaces aboard the vessel - Seasickness, motion sickness, vomiting, dizziness, dehydration, and resulting incapacitation - Limited or no ability of the captain to return to port quickly, including when offshore - Acts, omissions, or errors of the captain, crew, instructors, divemasters, guides, other passengers, or other vessel operators in the area ### SCUBA-Specific Risks - Decompression sickness ("the bends"), arterial gas embolism, pulmonary over-expansion injuries, and other dive-related barotrauma - Nitrogen narcosis, oxygen toxicity, carbon monoxide contamination, and gas-related impairment - Ear, sinus, dental, lung, and mask squeezes - Equipment malfunction, including regulator free-flow, BCD failure, low-pressure inflator failure, weight system failure, mask flooding, computer failure, and out-of-air emergencies - Buoyancy mismanagement, uncontrolled descents and ascents, and rapid ascents - Loss of contact with a dive buddy or dive guide, separation from the group, becoming lost or disoriented underwater, and entrapment in caves, lava tubes, structures, lines, or kelp/algae - Inability to perform a mask-removal comfort check or other basic dive skills - Air travel after diving within recommended surface-interval guidelines, and the risk of decompression illness if I violate those guidelines - Diving at altitude (e.g., driving to Mauna Kea or Mauna Loa) after diving - Risks specific to night diving (limited visibility, disorientation, separation, equipment dependence) and specialty dives (deep, naturalist, debris removal, etc.) - Risks specific to the Avelo Buoyancy Control System or other proprietary equipment used during certain courses or tours ### Snorkel- and Free-Dive-Specific Risks - Snorkel panic, hyperventilation, shallow-water blackout, breath-hold blackout, and aspiration of water through a snorkel - Forgetting to breathe, holding the breath, or improper snorkel use leading to CO2 buildup and panic - Improper mask, fin, or snorkel fit and resulting impairment - Fatigue, cramps, and inability to return to shore or to the vessel under one's own power ### Paddle Sport, Surf, and Swim Risks - Capsizing, falling, or being struck by a kayak, paddleboard, surfboard, or paddle - Collision with other paddlers, swimmers, vessels, marine life, river or ocean structures, or submerged objects - Entrapment under a watercraft, in submerged vegetation, or against rocks or structures - River-specific hazards including current, strainers, debris, low-head dams, and fluctuating water levels on the Wailoa River and other waterways - Bay, harbor, and open-water hazards at Hilo Bay, Reed's Bay, Coconut Island, and along the Hamakua coast - Ankle, knee, shoulder, neck, and back injuries from paddling, falling, or surf impact ### Fishing-Specific Risks - Injuries from hooks, lures, gaffs, knives, lines under load, rods, reels, fighting chairs, and other fishing tackle - Bites, stings, spines, or other injuries from caught or handled fish and other marine life - Falls or strain caused by fighting large game fish, including back, shoulder, and arm injury - Extended time offshore with limited ability to return quickly to port ### Swim School, Pool, and Youth Program Risks - Drowning, near-drowning, and submersion incidents, including for infants and young children - Slips and falls on wet pool decks and surrounding surfaces - Aspiration of pool water and chemical exposure to chlorine and other pool-treatment chemicals - Risks specific to children participating in summer camp, group programs, and ocean lessons, including interaction with other campers, time spent outdoors, sun and heat exposure, transportation to and from off-site activities, and self-supervised moments such as restroom breaks and meals ### Land Tour and Off-Vessel Risks - Walking, hiking, or standing on uneven, slippery, rocky, muddy, root-covered, or unstable terrain, including at ʻAkaka Falls State Park, the Onomea / Hamakua coastline, and beach approach trails - Falls from elevation, including from cliffs, overlooks, ledges, and viewpoints - Encounters with insects (mosquitoes, centipedes, wasps, fire ants), feral animals, and other wildlife - Exposure to tropical plants, including those causing allergic reactions or skin irritation - Vehicular transportation between sites, including travel along narrow, winding, or unpaved roads such as the Onomea Four Mile Road - Food, beverage, or fruit-stand related illness or allergic reaction ### Medical and Physiological Risks - Aggravation, recurrence, or worsening of any pre-existing physical, cardiovascular, respiratory, neurological, orthopedic, psychological, or other medical condition - Heart attack, stroke, seizure, asthma attack, allergic reaction, anaphylaxis, fainting, dizziness, and panic - Communicable diseases, including but not limited to leptospirosis (from freshwater exposure), staph and other skin infections, COVID-19, influenza, norovirus, and other viral, bacterial, fungal, or parasitic illnesses transmitted on shared equipment, in shared spaces, in pools, or person-to-person - Delayed access to medical care due to remote locations, offshore positioning, or limited communications - Limited medical facilities aboard the vessel and limited medical training of crew ### General **I understand that this list is illustrative and is not exhaustive. There may be other risks, known and unknown, foreseeable and unforeseeable, that arise out of the Activities. I expressly and voluntarily assume ALL such risks, whether or not they are listed here.** --- ## 3. HEALTH AND PHYSICAL REPRESENTATIONS I understand that complete and truthful health disclosure is essential to my safety and to the safety of HOA's crew, instructors, guides, and other participants. By signing this Agreement, I represent and warrant that all of the following are true: ### Physical Ability I have honestly evaluated my own physical condition and have determined that I am in good health and physically able to participate in the Activity I have booked. I do not have any physical limitation, injury, or condition (including, without limitation, hip, knee, back, shoulder, or neck injury) that would prevent me from participating safely. If I do have any such limitation, I have disclosed it to HOA in writing before the Activity and have received confirmation that I may participate. ### Swimming Competency If my Activity involves entry into the ocean, a river, or deep water (including snorkeling, SCUBA, kayaking, SUP, surfing, fishing from a vessel, or any boat-based tour where I may end up in the water), I represent that I am a proficient swimmer and am comfortable in deep, moving water where I cannot touch the bottom. If I cannot truthfully make this representation, I have notified HOA in writing before the Activity. ### Ladder and Boat Boarding If my Activity involves a vessel with a swim ladder, I represent that I am able to climb a vertical boat ladder unassisted, including while wearing up to 40-80 lbs of dive gear if the Activity involves SCUBA. I understand that this requires significant upper- and lower-body strength and balance, and I certify that I have no physical limitation that prevents me from doing so in moving seas. ### Walking and Shore Entry If my Activity involves shore entry, beach approach, or land touring, I represent that I am able to walk unassisted for at least 30 minutes on uneven, slippery, or rocky terrain, and that I am able to enter and exit the ocean from slippery volcanic rock ledges and shore-entry points. ### Medical Conditions I have disclosed to HOA, in writing and before the Activity, any of the following conditions that apply to me: heart disease, heart attack, heart surgery, high or uncontrolled blood pressure, stroke or TIA, asthma, COPD, or other lung or breathing condition, pneumothorax (collapsed lung) or chest surgery, seizures or epilepsy, fainting episodes, diabetes, ear or sinus problems including prior ear surgery, current or possible pregnancy, recent surgery within the last 12 months, recent illness, hospitalization, or significant injury, and any condition requiring prescription medication that may affect my participation. I have also disclosed any known allergies (food, insect sting, medication, latex, environmental, or marine life), and I have informed HOA if I carry an EpiPen, inhaler, glucose, nitroglycerin, or other emergency medication, including its location during the Activity. I have also disclosed any known behavioral or emotional triggers (loud noises, crowds, physical touch, unexpected changes, confined spaces), effective coping strategies, and any communication needs (nonverbal cues, assistive devices, extra processing time, language preferences) that staff should be aware of. ### SCUBA-Specific Representations If I am participating in any SCUBA Activity (including Try Scuba, Discover Scuba, Refresher, certification, or guided dives), I further represent and warrant: - I have completed and truthfully answered any RSTC/PADI/Divers Alert Network (DAN) medical questionnaire required for my Activity. - If I answered "yes" to any item on that medical questionnaire, I have obtained the required medical clearance from a licensed physician and provided it to HOA. - If I am a certified diver, I will present my certification card and, on request, my logbook. - If I have not dived recently (typically within the last 12 months), I will complete a Scuba Refresher course or equivalent before participating in a guided dive. - I will not consume alcohol or recreational drugs before or during any dive Activity, and I understand that diving while impaired by medication may be unsafe. - I will follow all surface-interval and no-fly time recommendations communicated by HOA staff and by my dive computer. ### Motion Sickness If I am prone to motion sickness, I understand that HOA recommends taking over-the-counter motion-sickness medication (e.g., Dramamine, Bonine) at least two hours before any boat-based Activity. I understand and accept that seasickness is not, by itself, a valid reason for the vessel to turn around or return to port early, and is not grounds for a refund. ### Truthfulness and Updates I understand that HOA is relying on my representations in this section to make decisions about my safety. If any of my circumstances change between the time I sign this Agreement and the time I arrive for the Activity (for example, a new injury, illness, surgery, or pregnancy), I will inform HOA before participating. ### Parent and Guardian Representations for Minors If the participant is a minor, I as the parent or legal guardian represent that I have personally evaluated the minor's readiness and ability for the Activity, that all health, medical, behavioral, and skill representations in this Section 3 are true with respect to the minor, and that the minor meets the swimming and physical-readiness requirements stated by HOA for the specific Activity booked. --- ## 4. CAPTAIN'S, INSTRUCTOR'S, AND GUIDE'S DISCRETION **I understand and agree that the captain, lead instructor, lead guide, and lead lifeguard on duty have the FINAL AUTHORITY to deny boarding, deny entry to the water, modify the Activity, shorten the Activity, change locations, or end the Activity at any time if, in their professional judgment, my physical condition, mental state, skill level, behavior, the weather, the sea state, or any other circumstance poses a risk to me, the crew, instructors, guides, other participants, or the public.** In any such case, a refund is not guaranteed. I understand that HOA's refund and credit policies are administered separately by the front-desk and management team and that on-water staff do not have authority to issue refunds. I will direct any refund or credit inquiries to the HOA shop and management. I further understand that the captain or guide may instruct me to remain on the vessel, to exit the water, to switch equipment, to abort a dive, to return to shore, or to receive medical attention, and I agree to comply promptly with all such instructions. --- ## 5. MEDICAL CARE, RESCUE, AND CONSENT TO TREATMENT I fully understand that: - HOA's vessels carry limited medical equipment and supplies, and HOA's crew, instructors, and guides have limited medical and rescue training (which may include CPR, first aid, EFR, lifeguard certification, or rescue diver certification, but is not the equivalent of paramedic, nurse, or physician training). - In the event of illness or injury, appropriate medical care must be summoned by radio, cellular phone, or other means, and treatment may be significantly delayed until I can be transported to a proper medical facility. - In remote, offshore, or back-country locations, evacuation may require Coast Guard, helicopter, or other emergency assistance, which may take a substantial amount of time. No representation has been made to me, expressly or impliedly, that any person associated with HOA can or will successfully perform a rescue or render first aid. In the event I show signs of distress or call for aid, I would like assistance, and I will not hold any person or entity responsible for their actions, inactions, or judgment in attempting to perform a rescue, evacuation, or first aid. **Consent to Treatment:** I authorize HOA, its employees, contractors, and any emergency responders to administer basic first aid (including bandaging, application of ice or heat, irrigation, and stabilization), to use an AED if available and appropriate, to administer emergency oxygen, and, in a life-threatening emergency, to arrange for emergency medical transport and care on my behalf (or on behalf of the minor for whom I am responsible). I agree to be financially responsible for any medical care I receive, including transport costs. --- ## 6. ALCOHOL, DRUGS, AND CONDUCT I agree that: - I will not consume alcohol or recreational drugs before or during any SCUBA, snorkel, paddle sport, swim, or operator-instructed Activity, and I will not consume alcohol or recreational drugs while using any HOA rental equipment. - I will inform HOA staff of any medication I am taking that may affect my judgment, balance, breathing, or cardiovascular function. - On Activities where alcohol is provided or permitted (such as certain sunset cruises), I will consume responsibly and follow crew instructions; HOA reserves the right to limit or refuse service. - I will follow all rules, briefings, posted notices, and verbal instructions from the captain, crew, instructors, guides, and lifeguards, including any directions concerning entry and exit from the water, use of equipment, conduct on the vessel, and conduct on land. - Disruptive, unsafe, threatening, or intoxicated behavior may result in the immediate termination of my Activity without refund and, where appropriate, in being removed from the vessel or premises. --- ## 7. EQUIPMENT USE, RENTAL, AND DAMAGE If I use any equipment provided or rented from HOA (including but not limited to SCUBA gear, snorkel gear, wetsuits, weights, kayaks, SUPs, surfboards, paddles, PFDs, fishing tackle, beach chairs, umbrellas, and vehicle mount systems), I agree to the following: - I will inspect the equipment at the time of issue and report any defect or concern immediately. - I will use the equipment only for its intended purpose and in accordance with HOA's instructions and any briefings provided. - I am responsible for the safe and proper use of equipment, including ensuring that straps, fasteners, valves, and inflators are correctly adjusted before entering the water. - I am responsible for the cost of repair or replacement of equipment that is lost, stolen, or damaged beyond ordinary wear and tear while in my possession or use, including equipment used off HOA premises. - I understand that HOA may charge my payment method on file for damaged, lost, or unreturned equipment. - I will not modify, disassemble, or repair HOA equipment myself. - **I will not hold the Released Parties responsible for my failure to inspect equipment before use, or for any defect I could have identified by reasonable inspection.** --- ## 8. RENTAL AGREEMENT AND DAMAGE SCHEDULE This Section 8 applies in addition to Section 7 if I am renting equipment from HOA for use without an HOA guide present. ### Acknowledgment of Condition I acknowledge that I have received the rental equipment in good working condition, except as specifically noted in writing at the time of rental. I agree to return the equipment in the same good working condition, except for ordinary wear and tear. If the equipment is damaged while in my possession, I will be responsible for the cost of repair, up to the full replacement value of the equipment. If the equipment is lost or not returned, I will pay its full replacement value. ### Geographic Restrictions — SUPs and Kayaks For safety reasons, Stand-Up Paddleboards (SUPs) and kayaks rented from HOA must only be used within the calm waters of Reed's Bay, inside the breakwall. Going outside of the breakwall with any SUP or kayak is prohibited. I understand that doing so violates the terms of my rental, voids any safety assurance from HOA, and may result in additional charges or termination of my rental. ### Flotation Vest (PFD) Policy A flotation vest (PFD) is included with every SUP and kayak rental at no additional cost. I agree that: - I will wear a PFD at all times while using the rental equipment if I am not a proficient swimmer. - Any minor under the age of 13 will wear a properly fitted PFD at all times while using the rental equipment, without exception. - I will not transfer or lend the rental equipment to anyone who does not meet the swimming and PFD requirements above. ### SCUBA Tank Return Standard Per SCUBA tank safety standards and to ensure the reliability of HOA's rental tanks, any tank returned with less than 300 psi of remaining air must undergo a visual inspection before being returned to service. I agree to pay a $50 Visual Inspection Fee for any rental tank I return below 300 psi. ### Damage and Replacement Schedule If I damage, lose, or fail to return any HOA rental equipment, I agree to pay the following amounts. I authorize HOA to charge my payment method on file for the applicable amount. **Stand-Up Paddleboards, Surfboards, and Bodyboards** | Item | Cost | |---|---| | SUP Board (full replacement) | $1,000 | | Surfboard | $250 | | Boogie Board | $80 | | Paddle (full replacement) | $150 | | Paddle Damage (repairable) | $75 | | Leash | $40 | | Vehicle Mount System | $45 | | Fin (full replacement) | $50 | | Fin Damage (repairable) | $40 | | Handle Damage | $50 | | Pad | $100 | | Carrying Strap | $35 | | SUP Trolley | $100 | | Ding or Surface Mark (each) | $30, up to a maximum of $100 in ding charges per board | | Major Ding (larger than 2 inches or affecting watertightness) | starting at $75 | **Kayaks** | Item | Cost | |---|---| | Kayak (full replacement) | $500 | | Damage to Kayak (scratch or hole allowing water inside) | $30+ depending on size | | Kayak Paddle | $100 | | Kayak Trolley | $120 | **Snorkel Gear** | Item | Cost | |---|---| | Mask | $45 | | Snorkel | $30 | | Snorkel Fin (per pair) | $65 | | Bag | $20 | **Beach Accessories** | Item | Cost | |---|---| | Beach Chair | $50 | | Cooler | $15 | | Beach Umbrella | $35 | | Life Jacket | $45 | **Cameras** | Item | Cost | |---|---| | GoPro Camera and Accessories (waterproof case, handle, and wrist strap) | $300 | **SCUBA Gear** | Item | Cost | |---|---| | BCD | $450 | | Weight Pocket (per pocket) | $50 | | Low Pressure Inflator | $60 | | Regulator | $500 | | Octo | $230 | | Computer and Gauge | $350 | | Tank | $200 | | Tank Valve | $50 | | Tank Visual Inspection Fee (for tanks returned below 300 psi) | $50 | | Full Wetsuit | $200 | | Booties (per pair) | $50 | | Scuba Fin (per pair) | $150 | | Weights (per lb) | $10 | | Dive Flag | $30 | | Dive Light | $75 | --- ## 9. PERSONAL PROPERTY I understand that HOA is not responsible for any personal property I bring to any Activity or onto HOA premises, including cameras, phones, watches, jewelry, prescription eyewear, prescription medication, wallets, keys, vehicles, and clothing. Personal property is brought at my own risk and may be lost, stolen, damaged by salt water, sun, sand, or other conditions, or rendered unusable. I will not hold HOA responsible for any such loss or damage. --- ## 10. PHOTOGRAPHY, VIDEO, AND MEDIA RELEASE HOA and its staff frequently photograph and video Activities for safety review, training, marketing, and social media purposes. I grant HOA and its affiliates, successors, and assigns the irrevocable, royalty-free, worldwide right to photograph and record me (and any minor for whom I am responsible) and to use, reproduce, edit, publish, and distribute such photographs and recordings in any medium, including HOA's website, social media accounts, advertising, and printed materials, without further notice, consent, or compensation. I waive any right to inspect or approve any finished version of such photographs or recordings, and I release HOA from any claim arising out of their use, including claims based on right of publicity, defamation, or invasion of privacy. If I do not wish to have my image used, I will notify HOA in writing at reservations@hilooceanadventures.com before the Activity begins. --- ## 11. COMMUNICABLE DISEASE ACKNOWLEDGMENT I acknowledge that the Activities are conducted in close-contact environments, including on small vessels, in pools, in shared rental gear, and in shared transportation, and that no precautions can fully eliminate the risk of exposure to or transmission of communicable diseases, including but not limited to COVID-19, influenza, norovirus, leptospirosis, staph, and other viral, bacterial, fungal, and parasitic illnesses. I voluntarily assume the risk of exposure to and contraction of any such illness and agree not to hold HOA responsible. I agree not to participate in any Activity if I am currently experiencing fever, cough, vomiting, diarrhea, open wounds, or any symptom of a contagious illness, and I will notify HOA promptly if I develop any such symptom after participating. --- ## 12. CANCELLATION, REFUND, AND "NO REFUND" POLICY I acknowledge that HOA reserves the right to cancel, postpone, modify, or substitute any Activity due to weather, sea conditions, vessel availability, staffing, regulatory action, or any other circumstance affecting safety or operations. In such cases, HOA will, at its discretion, offer a reschedule, credit, or refund in accordance with its then-current published policy. Once the Activity has departed or commenced, refunds are not provided for seasickness, change of mind, early return at participant request, or denial of participation by the captain or lead guide on safety grounds. Refund and credit requests must be submitted to HOA's management team and are evaluated case-by-case. Front-line crew do not have authority to grant refunds or credits. --- ## 13. RELEASE OF LIABILITY, WAIVER, AND INDEMNIFICATION **In consideration of being permitted to participate in the Activities, and intending to be legally bound, I, on behalf of myself, my spouse, my children, my heirs, my personal representatives, my assigns, my estate, and anyone else who could claim through me, agree as follows:** ### Release **I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Hilo Ocean Adventures, LLC, together with its respective officers, directors, employees, owners, members, managers, affiliates, parent and subsidiary entities, agents, representatives, independent contractors, instructors, divemasters, guides, captains, crew, lifeguards, swim instructors, volunteers, attorneys, insurers, heirs, personal representatives, successors, and assigns, all associated individuals, and all individuals and entities having any ownership, lease, or operating interest in the vessels, vehicles, equipment, facilities, or sites used in the Activities (collectively, the "Released Parties"), from ANY AND ALL liability, claims, demands, actions, causes of action, costs, expenses, damages (including consequential and punitive damages), losses, and equitable relief of any kind or nature, whether known or unknown, foreseen or unforeseen, that arise out of or relate in any way to my participation in the Activities, INCLUDING THOSE CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, FORESEEN OR UNFORESEEN.** ### Indemnification I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, judgments, costs, attorneys' fees, and expenses brought by anyone (including by me, by a member of my family, by a minor for whom I am responsible, or by any other third party) that arise out of or relate in any way to my participation in the Activities. ### Scope This release is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii. If any part of it is held to be invalid or unenforceable, the remainder shall continue in full force and effect, and the invalid or unenforceable portion shall be reformed to the maximum extent permitted by law to give effect to the parties' intent. ### Limits This release does not apply to liability for gross negligence, recklessness, or willful or wanton misconduct, to the extent that such a waiver is prohibited by Hawaii law. ### Estoppel of Heirs I further represent that I have the authority to bind my heirs, assigns, and beneficiaries to this Agreement, and that they will be estopped from claiming otherwise because of my representations to the Released Parties. I understand and agree that I am not only giving up my own right to sue the Released Parties, but also any right that my heirs, assigns, or beneficiaries may have to sue the Released Parties on my behalf or as a result of my death or injury. --- ## 14. MINOR PARTICIPANTS If the Participant is under the age of 18, I, as parent or legal guardian, acknowledge and agree: - I am signing this Agreement on my own behalf AND on behalf of the minor. - The minor shall be bound by all of the terms of this Agreement to the maximum extent permitted by law. - I am waiving certain rights that the minor may otherwise have, including the right to bring claims against the Released Parties. - I agree that, but for this Agreement, the minor would not be permitted to participate, and I sign out of a desire to have the minor participate. - I represent that I am the legal parent or guardian of the minor and have full authority to sign on the minor's behalf. - I have personally evaluated the minor's readiness and ability for the Activity and have made all health, medical, behavioral, and skill representations in Section 3 truthfully with respect to the minor. - I consent on the minor's behalf to the administration of basic first aid and to emergency medical care as described in Section 5. --- ## 15. GENERAL PROVISIONS **Governing Law and Venue:** This Agreement is governed by the laws of the State of Hawaii, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in the County of Hawaii (Big Island), and I consent to personal jurisdiction and venue in those courts. **Maritime Law:** I understand that for Activities involving navigable waters, federal maritime law may apply in addition to Hawaii law. **Shortened Limitations Period:** I agree that any claim arising out of the Activities must be brought within one (1) year of the date of the Activity, regardless of any longer period that may otherwise be permitted by law. Any claim not brought within that period is forever waived. **No Reliance on Representations:** By entering into this Agreement, I am not relying on any oral or written representation or statement made by HOA or the Released Parties other than what is set forth in this Agreement. I understand that statements made in marketing materials, on HOA's website, on social media, by booking agents, or by HOA staff before or during the Activity are not warranties or guarantees of any specific condition, outcome, or safety level. **Severability:** If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. **Entire Agreement:** This Agreement constitutes the entire agreement between me and HOA regarding the Activities and supersedes any prior oral or written understanding on the subject matter. No modification is effective unless in writing and signed by HOA. **No Waiver:** HOA's failure to enforce any provision shall not constitute a waiver of that provision or of any other provision. **Binding Effect:** This Agreement binds my heirs, executors, administrators, personal representatives, and assigns. **Electronic Signature:** I agree that my electronic signature, including my acceptance of this Agreement through the FareHarbor booking platform, has the same legal effect as a handwritten signature and constitutes my acceptance of all terms of this Agreement. --- ## 16. ACKNOWLEDGMENT **BY ELECTRONICALLY SIGNING THIS AGREEMENT, I CERTIFY THAT I HAVE READ THIS ENTIRE AGREEMENT, THAT I UNDERSTAND ITS TERMS, THAT I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND HAVE THEM ANSWERED, THAT I AM SIGNING IT VOLUNTARILY, AND THAT I AGREE TO BE BOUND BY ALL OF ITS PROVISIONS.** **I UNDERSTAND THAT BY SIGNING, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR INJURY OR DEATH ARISING OUT OF THE ACTIVITIES, EVEN IF CAUSED BY THEIR ORDINARY NEGLIGENCE, WHETHER PASSIVE OR ACTIVE.** **IF I AM SIGNING ON BEHALF OF A MINOR, I FURTHER CERTIFY THAT I AM THE LEGAL PARENT OR GUARDIAN OF THE MINOR AND THAT I HAVE FULL AUTHORITY TO BIND THE MINOR TO THIS AGREEMENT.**
By signing below, you acknowledge that you have read and understood the waiver and agree to its terms and conditions. Please enter your full name as it appears on your booking.
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