Agreement
CORAL SUP YOGA LLC
Assumption of Risk, Waiver of Claims, Release and Indemnification Agreement
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
IT IS AGREED AS FOLLOWS:
- Undersigned recognizes that participation in the Paddleboard Yoga Class with CORAL SUP YOGA at Waikiki Beach (the “Paddleboard Yoga Class”) may involve some inherent risks that cannot be totally eliminated. Undersigned assumes all risk, known and unknown, of injury to person, including death, and damage to property resulting from Undersigned’s participation. Participation in the Paddleboard Yoga Class will include activities that occur in Waikiki beach on Oahu, Hawai`i, including the ocean and/or shoreline, and involve inherent risks| and dangers including but not limited to: death, illness or injury resulting from activities in or near the ocean and/or shoreline; drowning, accessing, and traveling on or near rough and uneven terrain , slick, sandy and rocky topography, descents or inclines; participating under various conditions such as direct sunlight, wind, rain, fog, glare, and other weather-related conditions; unpredictable ocean or tidal conditions, physical exertion, bending, squatting, lifting, stretching, balancing, fatigue, dehydration, effects of ocean exposure, effects of excessive sunlight, sunburn and other physical or mental conditions; encounters with ocean animals and/or insects; encounters with other participants, visitors or members of the public, or any inherent danger related to participation in activities at or near the ocean and/or shoreline.
- Undersigned expressly agrees to waive all claims and rights of subrogation and agrees to release, indemnify, defend, and forever hold harmless CORAL SUP YOGA from any loss, liability, joint liability, several liability, or joint and several liability resulting from any and all claims, demands, or actions against CORAL SUP YOGA by Undersigned or any person or entity holding by or through Undersigned or any insurance carrier or organization or person for payment or reimbursement of any debts, obligations, liens, joint tortfeasor claims, or claims for contribution or indemnity relating in any way to the matters covered by this Agreement, including any actions of the Undersigned referenced above that cause injury or death or property damage to any person or entity, including themselves.
- The terms of this Agreement shall be enforceable to the greatest extent allowed by law with respect to Undersigned. CORAL SUP YOGA shall include, but not necessarily be limited to: the Hawai`i limited liability corporation (“LLC”) named CORAL SUP YOGA as well as its successors, assigns, trustees, receivers, agents, employees, officers, directors, stockholders, general or limited partners, joint ventures, parent or subsidiary corporations, related or affiliate entities, and all persons, entities, or parties claiming by, through or under the named parties, the object of this Agreement being to extinguish utterly the possibility of any and all claims of any nature against CORAL SUP YOGA and referenced explicitly or implicitly herein and to give full right to CORAL SUP YOGA for any all indemnification from Undersigned
(including, but not limited to legal fees incurred) for claim made against CORAL SUP YOGA by any party relating to the activity explicitly or implicitly referenced herein.
- Undersigned, personally or on behalf of their minor child, acknowledges that all expenses associated with non-scheduled or emergency evacuations, rescue or first aid will be the responsibility of the Undersigned and will not be covered by CORAL SUP YOGA.
- Undersigned, personally or on behalf of their minor child, acknowledges that they are voluntarily choosing to participate or allow their minor child to participate in the Paddleboard Yoga Class with CORAL SUP YOGA and is not required to do so by CORAL SUP YOGA.
- Undersigned, personally or on behalf of their minor child, agrees to comply with all applicable requirements, policies, rules and regulations and laws of government entities, authorized licensees, and instructions or directives of CORAL SUP YOGA while participating in the Paddleboard Yoga Class. The undersigned agrees to practice safety, caution and courtesy when participating in the Paddleboard Yoga Class by CORAL SUP YOGA.
- Undersigned, personally or on behalf of their minor child, acknowledges that they are responsible for ensuring physical and mental capability of the Undersigned to participate in the Paddleboard Yoga Class by CORAL SUP YOGA and certifies that they are capable of full participation and will stop participation if the Participant believes that they are unable to continue participation.
The following signatures indicate that Undersigned understand and agree to comply with all the terms of the Assumption of Risk, Waiver of Claims, Release and Indemnification Agreement and with full understanding of, and agreement with, its subject matter and binding nature. The Undersigned also acknowledge and agree that it is responsible for ensuring that the minor intern complies with the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of the last signature.