Accident Waiver and Release of Liability Form
You must be over the age of 18 to sign this document. David Duarte, Creative Maui and A DAVEY COMPANY, LLC are not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Creative Maui, David Duarte, A DAVEY COMPANY, LLC, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography, from any claims against their person or their business.
I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I also assume and acknowledge that David Duarte, Creative Maui and A DAVEY COMPANY, LLC will not be liable for any and all inherent risks associated with the recreational activity described herein that are characteristic of, intrinsic to, or an integral part of such recreational activity; and that all such inherent risks have been adequately explained to me.
Examples of such inherit risks of these activities include, but are not limited to:
- La Perouse Bay and it's sharp lava rocks and uneven terrain.
- Waterfalls and their hikes to them usually have wet and slippery rocks and uneven terrain.
- Sitting on a bent palm tree in Kihei that sits 4 feet above ground.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby act for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Creative Maui, David Duarte, A DAVEY COMPANY, LLC, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography.
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the corporate entities or persons mentioned in this, and the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Creative Maui, David Duarte, A DAVEY COMPANY, LLC, their directors, officers, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, wildlife, livestock and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns. If I do not want my photos/videos made public, I will still sign this waiver and advise Creative Maui, David Duarte, A DAVEY COMPANY, LLC in writing that I do not want my media made public.
Upon signing this for myself and my party, I acknowledge that I have read the “Accidental Waiver and Release of Liability” document above and agree to the described terms.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law of the State of Hawaii and The United States of America.
A copy of this signed document will be emailed to both parties.
