Trail Waiver for Guests
Use of Property and Facilities Agreement For Participants
Release of Liability, Acceptance of Responsibility
and Acknowledgement of Risk

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
YOU MUST READ AND UNDERSTAND IT BEFORE DIGITALLY CHECKING OFF AND SIGNING IT.

In exchange for participation in activities and use of property and facilities at Anaina Hou Community Park (AHCP) and Wai Koa Plantation (WKP), inclusive of Kauai Miniature Golf, of 5-2723 Kuhio Hwy, Kilauea, HI 96754, I acknowledge and agree, promise and covenant with AHCP, WKP and all other persons or entities and release and discharge Anaina Hou Community Park and Wai Koa, its agents, employees and/or persons or entities on behalf of my heirs assigns, personal representative and estate as follows:


ACKNOWLEDGEMENT OF RISKS
I understand and acknowledge that the activity I am about to voluntarily engage in bears both known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property or to spectators or other third parties. I understand and acknowledge that these risks may result in personal claims against Anaina Hou Community Park (AHCP) and/or Wai Koa (WKP) and/or claims against me by spectators or other third parties. Among these risks are the following:
(1) The nature of the activity – skateboarding, in-line skating, roller skating, biking, walking, hiking, jogging, climbing, swinging, jumping and/or any other similar activity, (2) acts or omissions, negligence in any degree of Anaina Hou Community Park (AHCP) and Wai Koa (WKP), its agents, employees and/or persons or entities; (3) latent or apparent defects or conditions in equipment or property supplied by AHCP and WKP, or other persons or entities; (4) use or operation, by myself or others of equipment or property supplied by AHCP and WKP or other persons or entities; (5) acts or omissions of other participants in this activity, employees and agents of AHCP and WKP or other persons or entities; (6) weather conditions; (7) contact with plants or animals; (8) my own physical
condition, or my own acts or omissions; (9) condition of the property, trails, skate facilities, playground structures, sidewalks and surrounding grounds and terrain and accidents connected with their use; (10) first-aid, emergency treatment or other services rendered; (11) consumption of food or drink.

I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, illness or disease, or damage to myself, to my property, or to spectators or other third parties. I expressly accept those risks not specifically listed above as well.

ACCEPTANCE OF RISK AND RESPONSIBILITY
Being aware that this activity entails risk of injury to myself and risks of injury to spectators or other third parties as a result of my actions, I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, to spectators or third parties and their property arising from my participation in this activity. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of the risks.

RELEASE

I hereby voluntarily release and forever discharge Anaina Hou Community Park (AHCP) and Wai Koa Plantation (WKP), its agents, employees and/or persons or entities, from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including, but not limited to, the negligent acts or omissions in any degree of Anaina Hou Community Park (AHCP), Wai Koa Plantation, its agents, employees and/or persons or entities, for any and all injury, death, illness or disease, and damage to myself or to my property. I further agree, promise and covenant to hold harmless and indemnify Anaina Hou Community Park (AHCP), Wai Koa Plantation, its agents, employees and/or persons or entities from all defense costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which I may negligently or intentionally cause to myself, to spectators and/or other third parties in the course of my use of Anaina Hou Community Park and/or Wai Koa Plantation property and facilities. I further agree, promise and covenant not to sue, assert or otherwise maintain or assert any claim against Anaina Hou Community Park, Wai Koa Plantation, its agents, employees and/or persons or entities for any injury death, illness or disease, or damage to myself or property, arising from or connected with my use of Anaina Hou Community Park or Wai Koa Plantation property and facilities or from any claim asserted against me by spectators or other third parties.


In signing this document, I fully recognize that if I am hurt, or if anyone in my care is hurt, or property is damaged while I am engaged in activities or events using Anaina Hou Community Park or Wai Koa facilities, I will have no right to make a claim or file a lawsuit against Anaina Hou Community Park or Wai Koa plantation or its officers, agents or employees, even if any of them negligently caused the bodily injury or property damage.


ACKNOWLEDGEMENT OF THE EFFECT OF THIS RELEASE AGREEMENT
I understand and acknowledge that by initializing and/or signing this document, I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against Anaina Hou Community Park and Wai Koa Plantation, it’s agents, employees and/or persons or entities, including specifically, but not limited to, rights arising from or claims for the acts or omissions, negligent in any degree, of Anaina Hou Community Park, Wai Koa Plantation, its agents, employees and/or persons or entities.

I understand and acknowledge that by initializing and/or signing this document, I have assumed responsibility and legal liability for the claims or other legal demands, including the defense costs, which may be asserted by spectators or other third parties against me as a result of my use of Anaina Hou Community Park and Wai Koa Plantation property and facilities. I understand and acknowledge that no other insurance is provided to me for this activity. I certify that I have sufficient health, accident and liability insurance to cover any bodily injury or property damage I may incur while participating in this activity, and to cover bodily injury or property damage caused to a third party as a result of my use of Anaina Hou Community Park and Wai Koa facilities. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability.

ENTIRE AGREEMENT
I understand that this is the entire Agreement between myself and Anaina Hou Community Park, Wai Koa Plantation, its agents, employees and/or persons or entities, and it cannot be modified or changed in any way by the representatives or statements of any employee or agent of Anaina Hou Community Park, or Wai Koa Plantation, or by me.

I agree that all disagreements, mediations and/or problem resolution shall be governed by the law prevailing in the County of Kauai, State of Hawaii, USA and that any legal or equitable claim that may arise shall be resolved in the County of Kauai, under Hawaii State law.

My digital signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms.

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