Terms and Conditions:
NĀ KOA KAI CANOE CLUB, INC. SAN DIEGO SHAKA FEST & SPRINTS/RACE WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK In consideration for participation in activities organized by Nā Koa Kai Outrigger Canoe Club, Inc, its members, their agents, owners, officers, volunteers, participants, employees, by Nā Koa Kai Outrigger Canoe Club, Inc., City of San Diego, a and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “NĀ KOA KAI CANOE CLUB "), and/or in consideration of use NĀ KOA KAI CANOE CLUB equipment, I hereby freely agree to and make the following contractual representations and agreements.
1. I acknowledge that my participation in paddling an outrigger canoe entails risks that are known, unknown, anticipated, and unanticipated that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental qualities of the activity. The risks include, but are not limited to the following: boat capsize; tidal conditions and currents; travel in remote areas; collision with objects or other watercraft; hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools; lightening; marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while getting in and out of the canoe; infectious bacteria; waterborne organisms; rapidly changing adverse weather and water conditions. I also understand that the equipment being used might malfunction and may contain hidden damage or defects, may not have been properly maintained, repaired or assembled, or may not be suited for the use intended I further acknowledge that NĀ KOA KAI CANOE CLUB is not in the chain of distribution for any product and I agree to waive any claims against NĀ KOA KAI CANOE CLUB relating to products liability including product defects. I expressly agree and promise to accept and assume all of the risks existing in this activity including but not limited to those listed and do hereby release NĀ KOA KAI CANOE CLUB of liability resulting from those risks. I understand that I am hereby relinquishing certain legal rights. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
2. I acknowledge, agree, and represent that I understand the nature of outrigger canoe paddling and that I am qualified, in good health, can swim and am in proper physical condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
3. I hereby waive, release discharge for myself, my heirs, executors, administrators, legal representatives, assigns and successors in interest (hereinafter collectively “Successors”) any and all rights and claims, including but not limited to claims for negligence, which I have or which may hereafter accrue to me against the officers and members of NĀ KOA KAI CANOE CLUB, for any and all damages which may be sustained by me directly or indirectly in connection with or arising out of, my participation in or association with paddling or steering and outrigger canoe, training, racing, use of NĀ KOA KAI CANOE CLUB’s equipment or facilities: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NĀ KOA KAI CANOE CLUB from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of NĀ KOA KAI CANOE CLUB equipment, including any claims which allege negligent acts or omissions by NĀ KOA KAI CANOE CLUB.
4. Should NĀ KOA KAI CANOE CLUB or any of it affiliated organization or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. I agree to my name and likeness (photographs and/or video) being posted on NĀ KOA KAI CANOE CLUB’s website.
7. I have read and understand the San Diego Shaka Fest Vendor Rules and agree to adhere to them. If I do not adhere to the policies set forth, I understand that I may be asked to leave the event and will do so accordingly.
