WAIVER, RELEASE, AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY AND SIGN BELOW TO INDICATE YOUR ACCEPTANCE OF ITS TERMS
In consideration of being permitted to board and ride upon the vessels operated by Hawaii Nautical/Port Waikiki Cruises, and being permitted to participate in water activities therewith, I, the undersigned, understand and acknowledge there are inherent risks, dangers and hazards associated with boating, snorkeling and/or any other on-water or in-water activities. I further understand and acknowledge that these risks could result in personal injury and/or death, as well as damage or loss to personal property, and that no amount of care, caution, instruction or expertise can eliminate all of these risks. These risks include but are not limited to: frequently changing weather, wind and ocean conditions that may cause the seas to become rough and unpredictable; high winds; pitching and rolling of vessels; wet and/or slippery surfaces, decks, ladders, stairs, steps and/or railings; uneven surfaces, shifting/moving surfaces, fall/tip hazards; currents/surges/waves; mooring lines/equipment encountered while boarding and/or exiting vessels ashore, or on the open ocean; and vessel traffic that can cause collisions and wakes, all of which can cause bodily contact with harmful and/or moving objects and surfaces. I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur that could result in serious injury, paralysis or death and I specifically assume such risks.
I also understand that in-water activities, such as swimming, snorkeling, and other water sports (“water activities”), expose me to the risks of drowning, choking, water ingestion, hypothermia, and/or injuries from marine life and environments, injury due to the power of tidal waters, waves, wind, currents, rip tides, freak waves, breaking waves, unseen/buried coral, sea shells with sharp edges, marine animals, rocks and unseen/buried objects (such as abandoned moorings). I understand the description of these risks is not complete and that other unknown or unanticipated risks may occur that could result in serious injury, paralysis or death and I specifically assume such risks.
Having read and understood the information provided herein, and in consideration of my being allowed to board and ride upon Hawaii Nautical/Port Waikiki Cruises vessels and participate in the water activities, I, on behalf of myself, my spouse, children, heirs and executors, hereby release and forever discharge Hawaii Nautical/Port Waikiki Cruises, their vessels, corporate affiliates, owners, subsidiaries, directors, officers, employees, agents, operators and/or crew, and any activity resellers, hotels, partners, transportation providers, voucher providers or other persons directly or indirectly involved with them, (“Releasees”) from any and all loss, damage, liability, expense, cost, demands and claims arising from any bodily or personal injury, property damage and/or death which may occur as a result of the inherent risks associated with the water activities, the negligence of the Releasees, and/or the unseaworthiness of their vessel(s).
I understand that boating and water activities carry these inherent risks and I understand that I am endeavoring upon them at my own sole risk. I also understand the need to follow and abide by the rules set forth by Hawaii Nautical/Port Waikiki Cruises and/or the activity guide, including any additional on-board instruction. I further understand the need to remain alert at all times while participating in the water activities to minimize the risk of injury to myself and others. I understand the need to always use at least one hand to hold on to the vessel while boarding/disembarking/on board and/or moving about the vessel.
I understand that persons with pre-existing medical conditions, such as heart problems, breathing problems, ear problems, back/knee problems, head injuries, diabetes, high blood pressure, viral conditions, recent surgery, pregnancy, auto-immune diseases, compromised immune systems, etc. should consult their physician before engaging in boating and/or water activities. I certify that I am fully capable of, and have not been instructed by my doctor to avoid participating in boating and/or water activities.
I further acknowledge and agree that this agreement shall be governed and construed pursuant to the federal maritime law of the United States without regard to its conflict of laws principles. I hereby consent and agree to pursue any and all claims against the Releasees, arising out of or related to the Ocean Activities, in the United States District Court for the District of Hawaii (“USDC”), to the exclusion of all other courts, and that I am subject to the USDC’s personal jurisdiction. I agree that before I am permitted to file litigation against any of the Releasees in connection with the Ocean Activities, I must first submit written notice of my claim to 87-1988 Pakeke Stree, #4, Waianae, HI 96797, within six (6) months of my signing this agreement. Under no circumstances may I file litigation against the Releasees after twelve (12) months of my signing this agreement. If I fail to meet either of the foregoing requirements, my claim and/or lawsuit shall be void and invalid.
I affirm that I and my party are participating in the booked tour excursion noted on the Activity Date on the form and I approve credit card charges or cash purchases made with Hawaii Nautical/Port Waikiki Cruises for the booked excursion. I understand that canceling any less than 24 hours in advance of the trip will be nonrefundable.
By boarding and riding on the vessels, participating in or attending the water activities, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and I expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
I authorize the company to contact me about this trip and future offers and can opt-out of future-offer contacts at any time.
If one or more provisions of this agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this agreement and the balance of this agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its remaining terms.
AS EVIDENCED BY MY SIGNATURE BELOW, I AGREE THAT I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS TERMS, AND THAT I AM VOLUNTARILY RELINQUISING SUBSTANTIAL RIGHTS BY SIGNING IT. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT ON MY OWN FREE WILL.
Passenger Signature/Signature of Minor Passenger’s Legal Guardian *