The participation in efoil lessons is a fun recreational activity that inherently poses some dangers associated with the ocean, mechanized propulsion, and movement at high speeds. Hawaii Efoil Experience LLC has taken precautions to reduce the risk of harm that may result from this activity. Precautions include the mandatory wearing of a helmet, life vest, and whistle, and a safety brief that provides guidance on how to safely operate the efoil, how to respond to common problems that may arise, and a safety plan in the event of a situation. However, it is understood that these precautions cannot guarantee that any participant in this activity will not be harmed.
By signing this agreement, I (Parent/Guardian), on behalf of myself and my minor child(ren) identified below, acknowledge the inherent danger of participating in efoil lessons, and voluntarily assume the risk that my child(ren) and/or I may be exposed to by attending or participating in efoil lessons and associated activities provided by Hawaii Efoil Experience LLC, their instructors and representatives and that such exposure may result in personal injury and disability. Notwithstanding the risks, my minor child(ren) and I wish to voluntarily participate in efoil lessons offered by Hawaii Efoil Experience LLC, their instructors and representatives.
Further, I, and on behalf of my minor child(ren) identified below, state and agree as follows:
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury or harm to myself or my minor child(ren) including, but not limited to, personal injury, and disability; and any damage, loss, claim, liability, or expense, of any kind, that I may experience or incur, arising out of, caused by, or in any way related to efoil lessons with Hawaii Efoil Experience LLC.I hereby release, waive, covenant not to sue, discharge, and hold harmless Hawaii Efoil Experience LLC, their respective instructors and representatives of and from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of, caused by or relating or in any way related to participation in any of the efoil lessons and activities (the “Released Claims”).
- I understand and agree that this release and waiver of claims includes any claims based on the actions, omissions, or negligence of Hawaii Efoil Experience LLC and their respective instructors and representatives, whether an incident occurs before, during, or after participation in any of the efoil lessons and activities.
- I agree to protect, defend, indemnify and hold harmless Hawaii Efoil Experience LLC and their respective instructors and representatives regarding any of the Released Claims, and shall be liable to pay attorneys’ fees and costs incurred by Hawaii Efoil Experience LLC or any of the foregoing persons mentioned in this paragraph, in the event that I pursue, or any person claiming to act on my behalf or on behalf of my minor child(ren) pursues, any demand, claim or legal action based upon or in away related to the Released Claims.
Dated: February 1, 2023