In consideration of being permitted to participate in Kaua’i Hoe Wa’a Association (“KHWA”), canoe or other watercraft races and participate or attend social activities sponsored by KHWA (“Activities”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree and represent that I understand the nature of the Activities and requirements to participate in such Activities, that I am in good health and in proper physical condition, can tread water or float for at least 30 minutes non‐stop without a flotation device and swim 100 yards in open water conditions. I further agree and warrant that if at any time I believe my abilities cannot meet these requirements or I believe paddling conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. I FULLY UNDERSTAND that: (a) CANOE OR OTHER WATERCRAFT PADDLING and RACING INVOLVE RISKS AND DANGERS OF SERIOUS INJURY, INCLUDING DROWNING, PERMANENT DISABILITY, PARALYSIS, AND DEATH (“Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities takes place, or THE NEGLIGENCE OF THE RELEASES NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSES either not known to me or not readily
foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activities.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE OR HOLD LIABLE KHWA, as well as the officers, directors, agents, employees and assigns of the KHWA including its officials, administrators, members, volunteers, participants, sponsors, advertisers, and if applicable owners and lessors of premises on which the Activities takes place, and any other party indemnified and held harmless by KHWA (each considered one of the ‘RELEASES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL OPERATIONS AND ACTIVITIES; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the
Release’s, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
AGREEMENT TO PARTICIPATE
I understand that I should have a current, active, personal injury insurance policy in force, which covers my participation. Under any condition, I am responsible for all medical expenses arising from my participation, both in races, related events, and while travelling to and from these events. I have the right and responsibility to inspect equipment and facilities prior to any Activities and, if I believe that anything may be unsafe, I will advise the coach or supervisor of the condition and may refuse to participate. Participation assumes consent.
I UNDERSTAND THAT KHWA REQUIRES THAT EACH RACE PARTICIPANT HAS A LEASH AND A SECOND PADDLE SECURED TO THEIR CANOE OR WATERCRAFT AND AGREE TO ABIDE BY THIS REQUIREMENT. I also understand that KHWA recommends the use a U.S.C.G. approved personal flotation device (“PFD”) while participating in races or other paddling activities. The decision to use a PFD is solely at my discretion and responsibility.
I hereby authorize KHWA to allow the reproduction, dissemination and/or publication of my name and likeness for media coverage, public relations, or any other purpose which may involve the use of photographs, films, and/or video tape recording. This is to be done in conjunction with my participating in Activities and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in the Activities, nor will I receive any payment for the possible commercial use of my name or likeness.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS
AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE
MINOR RELEASE: AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF PADDLING ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DISPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULTS OF ANY SUCH CLAIM.