Anaeho’omalu Splash, Hapuna Rough Water, Kamakahonu Swim Release & Liability Waiver

The undersigned, either being over the age of eighteen (18) years, or having the express permission of my parents and/or guardians, hereby acknowledges that I have inspected the various facilities and programs associated with any combination of the following events: Anaeho’omalu Splash (5/18/24), Hapuna Rough Water (6/9/24), Kamakahonu Swim (7/7/24) (the “EVENT”) and am fully aware of the dangers and risks of injury inherent in my participation in the Event.

Participating in any athletic event may expose participants to inherent dangers and risks including death which are associated with outdoor activities and the natural environment; this includes training for and participating in any combination of the following events: Anaeho’omalu Splash (5/18/24), Hapuna Rough Water (6/9/24), Kamakahonu Swim (7/4/24).

I acknowledge that I am fully knowledgeable of my own physical limitations and I certify that I am physically fit, have sufficiently trained for participation in the Event(s) and have not been advised otherwise by a qualified medical person. I hereby agree to release, indemnify, defend and hold harmless State of Hawaii Department of Land and Natural Resources, County of Hawaii, Kona Aquatics Club, Inc., Waikoloa Development Co., a Hawaii limited partnership (“WDC), Waikoloa Resort Association, a Hawaii non-profit corporation (“WRA”), Waikoloa Beach Association, a Hawaii non-profit corporation (“WBA”), their partners, parent entities, members, shareholders, subsidiaries, and affiliates, and any officer, director, representative, event volunteer, employee and agent of any of them (collectively, the “Releasees”) from and against any and all claims, demands, actions, causes of action, liabilities, suits, costs and expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in the Event, including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any
damage, loss, default, omission, illness, injury or death, during or as a result of participation in the Event.  Without limiting the generality of the foregoing, I hereby release Releasees from any and all liability for my death, disability, personal injury, illness, property damage or property theft as a result of my participation in the Event. This Release and Waiver is binding upon my heirs, executors, administrators and assigns.

I understand that the Releasees will make no evaluation or recommendation with respect to whether I am sufficiently physically fit for this Event. I acknowledge that I have read this Release and Waiver and understand its contents.

I GIVE PERMISSION for the free use of my name, voice or picture in any broadcast, telecast, advertising promotion or other account of this event.

Cancellation and Refund Policy: I understand the policy of NO REFUNDS for the event being canceled or if I elect to not participate.

I AGREE that electronic submission of this application constitutes agreement to all the terms of this waiver and release statement.