Terms and Conditions
SURF CONTEST RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
In consideration of myself and/or my minor child(ren) (the “Participant”) being permitted to participate in any way in programs, events, contests, or activities (“Events”) organized, sponsored, or hosted by HSA Big Island, Inc. (the “Organization”), the undersigned, on behalf of myself, my participating minor child(ren), and our heirs, executors, administrators, successors, and assigns (collectively, the “Releasors”), hereby agree as follows:
1. Assumption of Risk
I acknowledge, fully understand, and voluntarily assume that participation in surfing competitions and related activities involves inherent and significant risks, including but not limited to: drowning, injury from surfboards or other equipment, collision with other participants, unpredictable ocean conditions, marine life encounters, weather conditions, negligence of others, and the risk of serious injury, illness, permanent disability, or death. I voluntarily accept and assume all such risks, whether or not foreseeable, even if arising from the negligence (active or passive) of the Organization or any Releasees (as defined below).
2. Release and Waiver of Liability
The Releasors hereby release, waive, discharge, and covenant not to sue the Organization, its directors, officers, employees, volunteers, agents, sponsors, sanctioning bodies, host cities, the State of Hawaii, property owners, Surf Signup, and any affiliated entities or individuals (collectively, the “Releasees”), from any and all liability, claims, demands, actions, or causes of action of any kind, including but not limited to those for injury, illness, disability, death, property damage, or economic loss, whether caused by the negligence (active or passive) of the Releasees or otherwise, arising directly or indirectly from participation in or attendance at the Events.
3. Indemnification
The undersigned agrees to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, damages, costs, losses, or expenses (including attorneys’ fees) arising out of or related to the Participant’s participation in the Events, whether caused by negligence (active or passive) of the Releasees or otherwise, including but not limited to claims brought by third parties, other participants, spectators, or family members.
4. Medical Authorization
I authorize the Organization and its representatives to obtain emergency medical treatment for myself or my minor child(ren) in the event of injury or illness during the Events. I understand and agree that I am solely responsible for all costs associated with such medical care and that the Organization has no duty to provide medical coverage.
5. Insurance
I understand and agree that the Organization is not required to provide insurance covering the Participant for illness, injury, death, theft, or property damage. I am solely responsible for obtaining and maintaining any such insurance.
6. COVID-19 and Communicable Diseases
I acknowledge that participation may expose the Participant to contagious illnesses (including COVID-19). I voluntarily assume all such risks, including the risk of illness, quarantine requirements, or death, and release the Releasees from any liability related thereto.
7. Media Release
I grant the Organization and its sponsors the unrestricted right to photograph, film, or otherwise record me or my minor child(ren) during the Events and to use such likenesses in any and all media, now or hereafter known, for promotional, commercial, or other lawful purposes, without compensation.
8. Compliance with Rules
I agree to abide by all rules, regulations, and instructions of the Organization, event officials, and governing bodies. I understand that failure to comply may result in disqualification or removal without refund.
9. Severability
This Agreement is intended to be as broad and inclusive as permitted by applicable law. If any portion is held invalid, the remainder shall continue in full force and effect.
10. Binding Effect
I represent that I am the parent or legal guardian of the minor child(ren) listed below and that I have full authority to execute this Agreement on their behalf. This Agreement shall be binding upon me, the minor Participant(s), and our heirs, executors, administrators, and assigns.
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I HAVE READ THIS DOCUMENT, UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT BY SIGNING, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
SURF CONTEST RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
In consideration of myself and/or my minor child(ren) (the “Participant”) being permitted to participate in any way in programs, events, contests, or activities (“Events”) organized, sponsored, or hosted by HSA Big Island, Inc. (the “Organization”), the undersigned, on behalf of myself, my participating minor child(ren), and our heirs, executors, administrators, successors, and assigns (collectively, the “Releasors”), hereby agree as follows:
1. Assumption of Risk
I acknowledge, fully understand, and voluntarily assume that participation in surfing competitions and related activities involves inherent and significant risks, including but not limited to: drowning, injury from surfboards or other equipment, collision with other participants, unpredictable ocean conditions, marine life encounters, weather conditions, negligence of others, and the risk of serious injury, illness, permanent disability, or death. I voluntarily accept and assume all such risks, whether or not foreseeable, even if arising from the negligence (active or passive) of the Organization or any Releasees (as defined below).
2. Release and Waiver of Liability
The Releasors hereby release, waive, discharge, and covenant not to sue the Organization, its directors, officers, employees, volunteers, agents, sponsors, sanctioning bodies, host cities, the State of Hawaii, property owners, Surf Signup, and any affiliated entities or individuals (collectively, the “Releasees”), from any and all liability, claims, demands, actions, or causes of action of any kind, including but not limited to those for injury, illness, disability, death, property damage, or economic loss, whether caused by the negligence (active or passive) of the Releasees or otherwise, arising directly or indirectly from participation in or attendance at the Events.
3. Indemnification
The undersigned agrees to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, damages, costs, losses, or expenses (including attorneys’ fees) arising out of or related to the Participant’s participation in the Events, whether caused by negligence (active or passive) of the Releasees or otherwise, including but not limited to claims brought by third parties, other participants, spectators, or family members.
4. Medical Authorization
I authorize the Organization and its representatives to obtain emergency medical treatment for myself or my minor child(ren) in the event of injury or illness during the Events. I understand and agree that I am solely responsible for all costs associated with such medical care and that the Organization has no duty to provide medical coverage.
5. Insurance
I understand and agree that the Organization is not required to provide insurance covering the Participant for illness, injury, death, theft, or property damage. I am solely responsible for obtaining and maintaining any such insurance.
6. COVID-19 and Communicable Diseases
I acknowledge that participation may expose the Participant to contagious illnesses (including COVID-19). I voluntarily assume all such risks, including the risk of illness, quarantine requirements, or death, and release the Releasees from any liability related thereto.
7. Media Release
I grant the Organization and its sponsors the unrestricted right to photograph, film, or otherwise record me or my minor child(ren) during the Events and to use such likenesses in any and all media, now or hereafter known, for promotional, commercial, or other lawful purposes, without compensation.
8. Compliance with Rules
I agree to abide by all rules, regulations, and instructions of the Organization, event officials, and governing bodies. I understand that failure to comply may result in disqualification or removal without refund.
9. Severability
This Agreement is intended to be as broad and inclusive as permitted by applicable law. If any portion is held invalid, the remainder shall continue in full force and effect.
10. Binding Effect
I represent that I am the parent or legal guardian of the minor child(ren) listed below and that I have full authority to execute this Agreement on their behalf. This Agreement shall be binding upon me, the minor Participant(s), and our heirs, executors, administrators, and assigns.
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I HAVE READ THIS DOCUMENT, UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT BY SIGNING, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
