Assumption of Risk. I understand that participating in the Activity entails inherent risks of physical injury. I am fully aware of the risks and hazards associated with the Activity, and hereby elect to voluntarily participate in the Activity. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of participating in the Activity, unless caused by the gross negligence or willful misconduct of HILT, its officers, agents, employees or volunteers (collectively referred to as “HILT”).
Liability Release. In consideration for HILT allowing me to participate in the Activity, I agree I will not sue HILT and I release HILT from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the Activity or while upon the premises where the Activity is being conducted, excepting those claims arising from the gross negligence or willful misconduct of HILT.
Indemnification. I agree to indemnify and hold harmless HILT from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that HILT may incur arising from my involvement in the Activity, excepting those claims arising from the gross negligence or willful misconduct of HILT.
Warranty of Physical Fitness. I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activity. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I understand HILT has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and HILT is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activity.
Emergency Medical Treatment. I grant HILT permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by HILT shall be subject to the terms of this Agreement. I understand and agree that HILT assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
Intent: It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws provision.
By checking the “I agree” box above, I acknowledge that I have read the Release Agreement, understand it, and agree to be bound by by its terms. I further acknowledge that I sign this Release Agreement voluntarily and I am at least eighteen years of age.