Oceaina Surfing School Waiver

THIS IS A PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR Oceaina Surfing school. (“AGREEMENT”) 

PLEASE READ BEFORE SIGNING OR REGISTERING. 

IN CONSIDERATION of being allowed to participate in any way in one or more of Oceaina Surfing School (“OSS”) surf lessons, SUP lessons, or any other classes, events, programs, and related activities (referred to herein as “Activity” or “Activities”), I, for myself and on behalf of my heirs, assigns, personal representatives, executors, administrators, persons under my guardianship, next of kin, and whomever else may have an interest either at common law or by operation of statute: 

ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS AND DANGERS associated with the Activities, including but not limited to injury, illness, loss of damage to person or property, permanent paralysis, disability, and death, as well as any other risks and social and economic losses not known or readily foreseeable this time (“Risks”). 

I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES INCURRED as a result of my or my child/ward’s participation in the Activities. I ensure that myself or my child/ward are qualified, in good health, mentally able, and in proper physical condition to participate in any such Activity, including but not limited to swimming and surfing in the ocean. 

HERBY RELEASE, WAIVE, DISCHARGE, RELINQUISH, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO SUE Micah Tynanes, Oceaina Surf School LLC, the city of Honolulu, the state of Hawaii, and the U.S. Government and city and county governments concerned, transportation services, their officers, instructors, officials, members, agents, volunteers, and employees, other participants, sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place (referred to herein as “Releasees”) FROM ALL LIABILITY, INJURY, DISABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR PART BY NEGLIGENCE OR OTHERWISE OF THE RELEASEES OR OTHERS, INCLUDING NEGLIGENT RESCUE OPERATIONS AND DURING TRANSPORTATION TO AND FROM THE ACTIVITIES. 

VOLUNTARILY PARTICIPATE in this hazardous sport and KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR ALL INJURIES AND MEDICAL EXPENSES incurred during my participation or the participation of my child/ward in any Activity associated with OSS, including but not limited to its surf lessons, SUP lessons, surf lesson programs,, and the use of any other equipment provided by, borrowed or purchased from OSS. 

ACKNOWLEDGE THAT OSS RESERVES THE UNRESTRICTED RIGHT TO DISMISS PARTICIPANTS WITH NO REFUND, including but not limited to anyone whose conduct or influence is deemed harmful or hostile, and anyone in violation of rules set forth by “Rules of the Beach.” I further acknowledge that any deposit and/or tuitions are NOT REFUNDABLE FOR ANY REASON, and that being late for a scheduled lesson, class, camp, or orientation may result in my or my child/ward waiting for the next scheduled lesson, class, camp, or orientation. 

GIVE PERMISSION FOR INSTRUCTORS, STAFF, AND EMPLOYEES TO START PRELIMINARY TREATMENT AND CARE, or to arrange transportation for me or my child/ward to a local Emergency Room, in the event that I or my child/ward become ill or injured. In instances when this Agreement is being executed by a parent or guardian, the signor acknowledges that he/she has the right and legal authority to do so on the behalf of your child/ward. 

HEREBY UNDERSTAND AND AGREE PHOTOS AND VIDEOS OF MYSELF OR CHILD/WARD MAY BE TAKEN AND USED FOR WEBSITES, COMMUNICATIONS, PROMOTIONAL MATERIALS, ADVERTISING, AND SOCIAL MEDIA, including but not limited to being shared on Facebook, Instagram and Twitter, and via email, related to OSS and its associated programs, events, and businesses. I waive and release the use of my photograph, name, and likeness, or the photograph, name, or likeness of my child/ward, for use in any media now known or not known including in video format, for any reason or purpose without compensation to me or others. 

VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19, AND TAKE SOLE RESPONSIBILITY FOR ANY INJURY, EXPENSE, DISABILITY, ILLNESS, DAMAGE, LOSS, DEATH, OR OTHERWISE RELATED TO COVID-19, INCLUDING WHETHER INFECTION OCCURS BEFORE, DURING, OR AFTER THE ACTIVITIES. OSS has taken preventative safety measures to reduce the spread of COVID-19. However, an inherent risk of exposure to COVID-19 exists in any public place. I acknowledge and consent that by visiting Oceaina surf school and participating in Activities there is an inherent risk of exposure to COVID-19, and that OSS and the Releasees listed above cannot guarantee that I or my child/ward will not become infected with COVID-19. I further acknowledge exposure or infection to COVID-19 may result from the actions, omissions, or negligence of myself, my child/ward, SSA, their employees, staff, and volunteers, as well as participants and their families. 

My signature and/or assent (as notated when purchasing or registering for Activities) indicates I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE WHILE PROVIDING INFORMATION THAT IS TRUE TO THE BEST OF MY KNOWLEDGE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.