LIABILITY WAIVER for Aloha Unlimited Productions, LLC in order to participate in Dash for Cache.
I, the undersigned, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Aloha Unlimited Productions, LLC; its officers, agents*, representatives, employees, servicers*, sponsors*, partners*, or guides (*See end of document for a list of exempt affiliates from lawsuits) [hereafter referred to as “Staff”] for any personal injury, death, property damage, theft, or loss sustained by me as a result of my participation in a tour, shuttle, event, service, or experience [hereafter referred to as “experience”] offered by Aloha Unlimited Productions,LLC due to any cause whatsoever, including without limitation, negligence on the part of Aloha Unlimited Productions, LLC; its Staff, partners,sponsors or other participants, or death or injury as a result of ocean conditions, road conditions, vehicle/trailer/boat accidents, nature’s conditions (wind, gusts, high surf, rocks, etc.), ocean and land wildlife. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that the experiences offered, in addition to the usual dangers and risks inherent, have certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed experience and the possibility of personal injury, death or property damage or loss resulting therefrom. I acknowledge that the enjoyment and excitement of the proposed form of experience is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Aloha Unlimited Productions LLC or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Further, I agree at all times during the experience to abide by and comply with any additional instructions given by my guide or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour.
I understand and acknowledge that the experience may involve transportation by various motor vehicles, including, but not limited to a shuttle, van, bus, or boat transportation. I acknowledge and understand the inherent risks associated with these methods of transportation and acknowledge that I do not have any medical condition(s) that would prevent me from using these methods of transportation or result in any injury or harm to me as a result of using these methods of transportation. While I understand and agree that Aloha Unlimited Productions will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the experience, I understand that Aloha Unlimited Productions, LLC assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
In consideration of my participation in the various activities that comprise the experience, I understand and accept the risks associated with participation in these various activities and agrees that neither Aloha Unlimited Productions, LLC; nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated, will be liable for any personal injury, death or damage of any kind whatsoever*.
(*See end of document for a list of exempt affiliates from lawsuits)
I agree and acknowledge that Aloha Unlimited Productions, LLC shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the experience, event by myself, which may occur on or during the tour/event. I hereby expressly waives any claim which myself, my heirs, successors, assigns, spouse, family members, or legal representatives may have against Aloha Unlimited Productions, LLC arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that I bring on the experience is brought at my sole risk and is my sole responsibility.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Aloha Unlimited Productions, LLC or its Staff or any other inducement or coercion to go on the experience. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this experience and Waiver and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators, and successors.
I agree to grant the sponsors of this experience to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes Guest hereby gives full consent to Aloha Unlimited Productions to use and publish my likeness on advertisements, and acknowledges that Aloha Unlimited Productions, LLC does not compensate guests in any manner for the use of images in any of the following: photographs, images, drawings and renderings, and for the use of including but not limited to: Aloha Unlimited Productions, LLC, website, brochures, advertisements, bulletins, media releases, newspaper and magazine articles, and any other form of promotion, information and publication, both print and digital.
COVID PROTOCOL
I agree to follow the County of Hawaii Mayor's COVID-19 Emergency Rule No 14 including: not participating or attending the event if I have COVID-19 symptoms, have tested positive for COVID-19, or have been exposed to anyone with symptoms in the past 14 days, wear a face mask at all time except when on the water, and maintain at least 6 feet social distance at all times. There will be no gathering or pa’ina after the race. Please refer to the Count of Hawaii Mayor’s COVID-19 Emergency Rule at https://records.hawaiicounty.gov/weblink/DocView.aspx?dbid=1&id=110008&cr=1. Failure to do so, will have you disqualified and removed from the event.
As a participant on the experience, I accept full responsibility for my behavior, well being, and health throughout the experience, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, running, paddling, swimming or walking for a longer period than I am used to. I further realize that the experience may involve walking through unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways, rocky terrain, slippery terrain, and driveways. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well being and health during the experience. I agree to hold neither Aloha Unlimited Productions, LLC nor its Staff, or facility liable in any way should any harm come to me. By participating in the experience, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
Name: ___________________________________________________________ Phone:___________________
Signature: _______________________________________________________ Date: ___________________
Emergency Contact: ___________________________________________ Phone number: _______________________
*Aloha Unlimited Productions, LLC, OCIV Hawaii, State of Hawaii, County of Hawaii, DLNR, DOBOR, Hulakai, SJ Surf Productions, Pacific Waste, Waikoloa Land Company, Marriott Waikoloa, Hilton Waikoloa, Lava Lava Beach Club, Hawaii Customs, Bioastin, Waikoloa Canoe Club, Ocean Sports, Kristin Old, Normaniano Balanga, Anelakai Adventures, Pa’aKai Paddles, and other sponsors.
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