HUI O WAʻA KAULUA PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
Please read carefully. This is a legal document that affects your rights. In consideration of being permitted to participate in any activity, event, program, service, training, educational experience, cultural activity, voyage, excursion, volunteer service, or operation sponsored, organized, managed, or conducted by Hui O Waʻa Kaulua (“Hui”), I voluntarily agree to the following:
1. Activities Covered
This Agreement applies to participation in all Hui O Waʻa Kaulua activities including, but not limited to: voyaging canoe activities, canoe tours, sailing, paddling, crewing, navigation, educational, cultural, environmental and community service programs, Native Hawaiian cultural practices, youth and family programs, volunteer activities, leadership development and training programs, mālama ʻāina and restoration projects, transportation to and from activities, fundraisers, special events, and all future participation in Hui-sponsored activities. This Agreement applies to all lands, facilities, program sites, launch areas, beaches, harbors, educational sites, partner locations, vessels, equipment, and any other locations or properties utilized by Hui O Waʻa Kaulua.
2. Release of Liability
I release, waive, discharge, and covenant not to sue Hui O Waʻa Kaulua, including its officers, directors, board members, employees, contractors, volunteers, instructors, captains, crew members, agents, representatives, cultural practitioners, partners, affiliates, sponsors, successors, and assigns from any and all claims, demands, liabilities, damages, losses, expenses, attorney's fees, or injuries arising from my participation in any Hui activity.
3. Assumption of Risk
I understand that participation may involve risks including drowning, immersion, capsizing, exposure to ocean conditions and marine life, slips and falls, equipment failure, physical exertion, transportation-related accidents, serious bodily injury, illness, disability, property loss, emotional distress, or death. I knowingly and voluntarily assume all known and unknown risks associated with participation.
4. Medical Treatment and Emergency Care
I authorize Hui O Waʻa Kaulua and its representatives to provide or obtain emergency medical treatment, including first aid, CPR, AED use, emergency transportation, and communication with medical personnel. I understand that I am solely responsible for any medical expenses incurred.
5. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, costs, expenses, or attorney's fees arising out of my participation or my actions or omissions.
6. Responsibility for Property and Equipment
I agree to exercise reasonable care while using any vessels, canoes, equipment, tools, facilities, and property owned, borrowed, leased, or otherwise utilized by Hui O Waʻa Kaulua. I may be financially responsible for damages resulting from intentional misconduct, recklessness, or gross negligence.
7. Photo, Video, and Media Release
Unless I indicate otherwise in writing, I grant Hui O Waʻa Kaulua permission to photograph, record, and use my image, voice, and likeness for educational, cultural, historical, promotional, fundraising, and archival purposes.
8. Participant Code of Conduct and Cultural Protocols
I agree to follow all instructions and safety directives, treat all people, cultural sites, natural resources, vessels, and equipment with respect, refrain from behavior that endangers myself or others, and not participate while under the influence of alcohol or illegal drugs.Failure to comply may result in removal from activities.
9. Health and Swimming Ability Disclosure
I certify that I have disclosed any medical conditions, allergies, medications, physical limitations, or emergency considerations that may affect my participation.
10. Transportation and Ocean Conditions Acknowledgment
I understand that activities may occur in remote locations and changing environmental conditions and that ocean and weather conditions can change rapidly. I voluntarily assume all associated risks.
11. Annual Release Authorization
This Agreement remains in effect for my initial participation and all subsequent participation in Hui O Waʻa Kaulua activities during the calendar year in which this Agreement is signed, unless revoked in writing and accepted by Hui O Waʻa Kaulua.
12. Governing Law and Severability
This Agreement shall be governed by the laws of the State of Hawaiʻi. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.