ACCESSURF HAWAII, INC. WAIVER & RELEASE OF LIABILITY
This Release Affects Important Rights – Please Read It Carefully
I, the undersigned, will be a volunteer or participant in events (the “Events”) presented by AccesSurf Hawaii, Inc., a Hawaii nonprofit corporation (“AccesSurf”), or am the parent or legal guardian of the child named above. As an inducement for and in consideration of AccesSurf allowing me or my child to participate in the Events and all related activities, I willingly execute and deliver this Waiver and Release of Liability (this “Release”) in favor of the parties being released. The parties being released are AccesSurf and all of its affiliated entities, and their respective directors, officers, managers, employees, agents, shareholders, members, volunteers, the owners or lessors of the premises and equipment used at the Event, and others rendering service at the Events.
The undersigned Releasor, personally (and on behalf of my child, as applicable) and on behalf of my heirs, representatives and assigns, hereby irrevocably releases, acquits and forever discharges the parties being released, their family members and their heirs and estates from any and all claims or demands for any and all loss, injury, death or damage arising out of or related to my or my child’s involvement in the Events. This Release applies whether damages are caused by the negligence or any other unintentional wrongdoing of the parties being released. Accordingly, in consideration of my or my child’s opportunity to participate in the Events, I hereby make the following promises in connection with this Release:
I understand and acknowledge that surfing and other ocean-related activities involve significant risk of bodily injury, death, and property damage, and while AccesSurf’s rules, certain safety equipment, and my or my child’s personal discipline may reduce these risks, the risks of serious injury or death exist regardless of my or my child’s experience or familiarity with surfing and the ocean. I understand that surfing can lead to injuries or death from a combination of factors including but not limited to use or failure of equipment (boards, leashes, and other assistive devices); rough falls and forceful contact with equipment, water, other surfers, reef, rocks, or sand; other surfers or water users; the conditions of the ocean (waves, reefs, currents, undertows, wildlife, limited visibility, etc.); errors by individuals who may be assisting me or my child; errors by volunteers; drowning; delays, errors, or the occasional use of force by rescuers; prolonged sun exposure; or other causes. In addition, large social gatherings like the Events involve risks of illness, medical complications, injury, or death, associated with epidemic or pandemic diseases such as COVID-19. Notwithstanding these risks and other hazards of surfing, ocean related activities, and large gatherings, which may be foreseeable but not specifically identified herein, I understand and acknowledge that I will expressly and voluntarily assume all risks and full responsibility for any bodily injury, death or property damages pertaining to, or involving, myself or my child and arising out of or related to the Events whether or not due to any negligence or other unintentional wrongdoing of any of the parties being released.
I understand and acknowledge that AccesSurf’s staff, organizers, and volunteers have difficult jobs to perform. In some cases, AccesSurf’s staff, organizers, and volunteers may not be aware of a volunteer or participant’s fitness limitations, abilities, familiarity with the ocean and surfing, and/or health conditions.
I understand and acknowledge the risks referred to above and do not wish to expose the parties being released to liability even if they are negligent or commit unintentional wrongful acts.
I understand and acknowledge that AccesSurf makes no representation or warranties regarding the safety of the Events, the qualifications or ability of AccesSurf’s staff or other volunteers, the suitability or safety of equipment and assistive devices, the adequacy and safety of ocean conditions, and all other considerations of safety.
I understand and acknowledge that by signing this Release I am giving the parties being released a continuous and ongoing release that includes all future Events presented by AccesSurf.
I understand and acknowledge that my decision to participate, or to allow my child to participate, in the Events is a voluntary decision and that it has not been coerced in any way. I have been given this document in advance. I am under no pressure to make an immediate decision to participate, or to allow my child to participate, in the Events. I know it is my right to elect not to sign this Release and to refrain from participation
I understand and acknowledge that this Release is a full and complete agreement. No other documents or other information can be used to modify or alter the terms of this Release. If any provision of this Release is declared invalid, the remaining provisions remain enforceable.
I understand that this Release is intended to be a complete and irrevocable release of all possible claims for damages caused by negligence or other unintentional wrongdoing. A general release may not extend to claims which a party does not know or suspect to exist in his favor at the time of executing the release which, if know by him, might have materially affected his decision. However, by this complete Waiver and Release of Liability, I understand and acknowledge that this Release shall encompass not only all known and foreseeable claims but also unknown and unforeseen claims against any of the parties being released arising out of the Events.
I understand and acknowledge that by signing this Release I have not only agreed to personally waive any liability claim, or waive any liability claim on behalf of myself or my child, but to also assume all risk of injury, death or damage pertaining to, or involving, myself or my child as a result of the Events. I also agree that by signing this Release, I promise that my heirs, assigns, executor or administrator shall not file any claim or lawsuit against the parties being released, or their heirs, or their estate.
I understand and acknowledge that I may seek advice from legal counsel if I have any doubt before signing this Release. By signing this Release, I acknowledge that either I have sought the advice of legal counsel or wish to now waive the opportunity to talk to a lawyer before signing this agreement. I further understand and acknowledge that by signing this Release I am representing that I understand the language used in this Release. I represent that if there is any word or phrase that I did not understand that I have sought the advice of an attorney or other person for an explanation. I represent that in the event of injury, death or property damage pertaining to, or involving, myself or my child, neither me nor my child’s heirs nor representatives shall have a right to claim that I did not understand the agreements contained in this Release.
I agree that regardless of where this document is executed, this Release is deemed a private contract entered into in Hawaii. I also agree that regardless of where this document is executed or where an injury occurs, that any occurrence or claim which raises an issue regarding the enforceability of this Release shall be governed by Hawaii law. I also agree that if any lawsuit is filed against the parties being released, in connection with the Events, that it shall be filed in a court of competent jurisdiction in the state of Hawaii.
In my individual capacity, and in my capacity as the parent or legal guardian of my child, as applicable, in connection with the Events, I hereby authorize any duly authorized employee or agent of AccesSurf to consent to any kind of medical care that said employee or agent may deem necessary or appropriate, including, but not limited to treatment for near drowning including CPR, fracture, burns, cuts, or abrasions; surgery; blood transfusions; and the administration of drugs. In order to assure that I or my child receives prompt medical care and treatment when necessary, I hereby release any healthcare provider who provides such services to myself or my child in reliance on the power of attorney provided by this paragraph from any and all claims, suits, or liabilities arising out of or with respect to said treatment. The power of attorney contained herein shall be valid for one year from the date of this Release.
This Release may be electronically signed, and any electronic signature, mark, or assent appearing on or recorded electronically with this Release is the same as handwritten signatures for the purposes of validity, enforceability, and admissibility of this Release.
MEDIA RELEASE: I hereby authorize and grant full permission to AccesSurf Hawaii, Inc. to take photograph(s), film, and recorded interview(s), to be used for publication that AccesSurf Hawaii, Inc. may consider to be of benefit to the organization, and/or to further educate the public on accessible recreational opportunities in Hawaii. Please check the box above if you do not wish to give media consent to AccesSurf Hawaii, Inc.
FOR PARENTS/GUARDIAN OF A VOLUNTEER WHO IS A MINOR UNDER 18 YEARS OF AGE: By signing above, this certifies that, as the parent or guardian with legal responsibility for this participant, I hereby consent and agree to the named minor’s release as provided above of all the parties being released, including AccesSurf, and, for myself, my heirs, assigns, and next of kin, I hereby release and agree to indemnify and hold harmless the parties to be released, including AccesSurf, from any and all liability incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE PARTIES BEING RELEASED, to the fullest extent permitted by law.