Sign your waiver

1. Full disclosure of inherent risks

Hawaii Revised Statutes section 663-1.54 requires a recreational activity provider to fully disclose the inherent risks of the activity. Inherent risks are dangers that come with the Activity and the ocean itself, that exist even when the provider uses reasonable care, and that are generally beyond the provider's control. I understand that the inherent risks of the Activity include, but are not limited to:

1. Waves and surf: falling and wiping out; being pushed, rolled or held underwater; swallowing or inhaling water; sudden larger sets; and conditions that change quickly and without warning.
2. Currents: rip currents and other currents that can carry me away from shore or my instructor and cause exhaustion.
3. Reef, rocks and ocean floor: shallow coral reef, rocks and uneven bottom, which can cause cuts, scrapes, punctures, bruises, broken bones, and head, neck or spinal injuries, including paralysis. Coral cuts can become infected.
4. Equipment: being struck by my own or another person's surfboard, fins or paddle, or by a recoiling leash; leash tangling or breaking; losing my board; and equipment failure, including equipment supplied by a third-party rental shop.
5. Other ocean users: collisions with other surfers, paddlers, canoes, swimmers, boats and their equipment in crowded Waikiki waters, and other people who do not follow surf etiquette.
6. Marine life: stings, bites and allergic reactions from box jellyfish (common on south shores about 8 to 10 days after a full moon), Portuguese man-of-war and other jellyfish, sea urchins, eels and other marine animals. Sharks are rare but present in Hawaii waters. Sea turtles and monk seals are protected by law and must not be touched or approached.
7. Water quality: bacteria and other contaminants, especially after heavy rain or brown-water advisories, which can cause skin, ear, eye, wound and stomach infections and illnesses such as leptospirosis.
8. Weather and sun: sunburn, heat exhaustion, heat stroke, dehydration, wind, rain squalls, lightning, and chill from time in the water.
9. Physical exertion: muscle strains, sprains, dislocations, back, neck and shoulder injuries, exhaustion, and heart attack, stroke, seizure, asthma attack or other medical events, especially with an existing condition.
10. Drowning: drowning and near-drowning, which can cause brain injury, permanent disability or death.
11. Limits of instruction and rescue: an instructor cannot control the ocean, cannot prevent every fall, and cannot watch every student every second, especially in shared lessons. Help in the water, lifeguard response and emergency medical care may not be immediately available.
12. Getting to and from the water: carrying a board between the meeting point and the beach, hot or uneven sand and pavement, sidewalks and street crossings.
13. My own condition and choices: my swimming ability, fitness, health, fatigue, medications, alcohol or drug use, and whether I follow instructions.

I understand these risks can cause minor injury, serious injury, permanent disability, paralysis, illness, death, and loss of or damage to property, and that this list is not complete: other risks exist, and some cannot be foreseen.

2. Safety instruction, age and swimming requirements

Before entering the water, I will receive an on-sand safety briefing covering, at a minimum, surf etiquette, how to paddle, stand, fall and protect my head, leash use, staying away from reef and other people, what to do in a current or if separated from my board, and how to signal for help. I agree to tell the instructor if I do not understand any part of it.

I understand the Hella Surf participation requirements: every participant must be at least 5 years old; participants aged 5 to 11 take private (one-on-one) lessons only; and every participant must be able to swim at least 25 yards (about 23 meters) without help or a flotation device and be comfortable in ocean water over their head and with their face in the water. A surf lesson is not a swimming lesson. The instructor may refuse, stop, move or end my participation at any time for safety reasons, including ocean or weather conditions, my health, swimming ability, age or behavior.

3. My statements about swimming and health

Mark one box for swimming:

• Yes: I (and each minor I sign for) can swim at least 25 yards without help and stay afloat in ocean water over my head without a flotation device.
• Not sure, or no: I have told, or will tell, my instructor before the lesson, and I will follow the instructor's decision about whether and how I (or the minor) take part.

I confirm that:

• I am physically able to take part in a two-hour surf or paddle session, or I have told my instructor about any limitation.
• I have told my instructor about any medical condition, injury, pregnancy, allergy (including to stings) or medication that could affect safe participation, for example heart or lung conditions, asthma, seizures, diabetes, recent surgery, or back, neck or shoulder problems. I have asked my doctor if I am unsure whether the Activity is safe for me.
• I am not under the influence of alcohol or drugs that affect my judgment, balance or alertness.
• I will follow my instructor's directions, stay within the area shown, wear my leash, keep control of my board, cover my head when I fall, keep away from reef, marine animals and other people, and tell my instructor straight away if I feel tired, unwell, cold, hurt or frightened.

I understand that Hella Surf relies on these statements, and that they are true for me (or, for a parent or guardian, for each minor I sign for).

4. Assumption of risk

I HAVE READ THE RISKS IN SECTION 1. I UNDERSTAND THEM, AND I VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY AND TO ACCEPT AND ASSUME ALL INHERENT RISKS OF THE ACTIVITY, WHETHER OR NOT THEY ARE LISTED ABOVE.

I take part because I want to, and I can stop at any time.

Initials

5. Release and waiver of liability

TO THE FULLEST EXTENT PERMITTED BY HAWAII LAW, INCLUDING HRS §663-1.54, I RELEASE AND WAIVE ALL CLAIMS AGAINST THE RELEASED PARTIES FOR ANY INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY RESULTING FROM THE INHERENT RISKS OF THE ACTIVITY.

To the extent applicable law permits, this release also covers any other claim arising out of my participation in the Activity. It does not apply to any claim that Hawaii law does not allow to be released. I understand that Hawaii law currently does not allow a recreational activity provider to be released from liability for its own negligence, gross negligence or intentional misconduct, and that this waiver does not take away those claims. This release binds me and my heirs, family members, personal representatives, estate and anyone who may claim on my behalf.

Initials

6. Covenant not to sue

I PROMISE NOT TO SUE, OR TO BRING ANY CLAIM, ARBITRATION OR OTHER PROCEEDING AGAINST, ANY RELEASED PARTY FOR ANY CLAIM I HAVE RELEASED IN SECTION 5.

If I break this promise, I will pay the reasonable attorneys' fees and costs the Released Parties incur in defending that released claim, to the extent the law allows. This promise does not stop me from bringing a claim that Hawaii law does not allow to be released.

Initials

7. Indemnity

To the extent permitted by law, I agree to defend, indemnify and hold harmless the Released Parties against claims, losses and reasonable costs, including attorneys' fees, brought by other people that arise from my own conduct during the Activity, from my failure to follow instructions or safety rules, or from any untrue statement in this waiver.

Initials

8. Medical treatment and transport

I authorize the Released Parties, if they believe it is needed, to give or arrange first aid, CPR and the use of an AED, to call 911 and other emergency services, and to arrange emergency medical treatment and transport (including by ambulance) to a hospital or other medical facility for me, or for the minor I sign for, when I cannot be reached or cannot consent in time. I consent to that treatment by emergency responders and medical providers. I am responsible for the full cost of any medical care, treatment and transport. I understand the Released Parties are not medical providers, and I agree that a good-faith decision to call or not to call for help, or to provide or arrange care, is made to protect me, to the extent the law allows.

Initials

9. Belongings and equipment

The Released Parties do not hold or guard personal belongings, and I bring valuables at my own risk to the extent the law allows. I will check my board and leash and report any problem. Equipment from a third-party rental shop is also subject to that shop's terms.

10. Photos and video (optional)

Mark one. Saying no does not affect the lesson.

• Yes: Hella Surf may use photos or video of me (or the minor I sign for) from the lesson on its website and social media, without payment.
• No: please do not use photos or video of me (or the minor I sign for) publicly.

11. Participants under 18

A participant under 18 may take part only if a parent or legal guardian reads and signs this waiver. By signing for a minor, I confirm that I am the minor's parent or legal guardian with authority to sign for the minor; that I have explained these risks and rules to the minor in a way the minor understands; that the statements in section 3 are true for the minor; and that I consent to the minor's participation. I sign for the minor and for myself, and I give the assumption of risk, release, covenant not to sue, indemnity and medical authorization in this waiver, for the minor and for myself, to the fullest extent the law allows.

TO THE EXTENT PERMITTED BY LAW, I ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR, INCLUDING AFTER THE MINOR TURNS 18, THAT ARISES FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE MINOR'S OWN CONDUCT, AND THAT THIS WAIVER RELEASES OR WOULD RELEASE IF SIGNED BY AN ADULT.

A parent or guardian must stay on the beach, in view, for the whole lesson of any participant under 13, and must check in any participant aged 13 to 17 and stay reachable by phone. The instructor may require a parent or guardian to stay on the beach for an older minor too.

Initials (parent or guardian only)

12. My acknowledgments

I confirm that: I have read this entire waiver and I understand it; I have had a fair chance to ask questions about it and about the Activity, and any questions I asked were answered to my satisfaction; I am not relying on any oral or written statement, promise or advertising that is not in this waiver; nobody pressured me to sign; I am at least 18 years old and legally able to sign; and I am signing voluntarily, knowing that I give up certain legal rights.

13. Electronic signature and records

Under Hawaii's Uniform Electronic Transactions Act (HRS chapter 489E), I agree to sign this waiver electronically. My drawn signature, my typed name and my initials are my signature and have the same legal effect as signing a paper copy by hand. I agree to receive my copy of the signed waiver by email. I understand that, to show who signed and when, the signed record stores the date and time of signing, the internet (IP) address and browser or device information used to sign, and a digital fingerprint (SHA-256 hash) of the exact version of this waiver text I signed. I can keep a copy by saving or printing the email, and I may ask Hella Surf for a paper copy at no charge. If I do not want to sign electronically, I can sign a paper copy instead before the lesson.

14. General terms

This waiver is governed by the laws of the State of Hawaii, without regard to conflict-of-law rules. Any dispute will be brought individually in the state or federal courts located in Honolulu, Hawaii, or in small claims court, and I consent to those courts' jurisdiction. If any part of this waiver is found invalid or unenforceable, that part will be limited or removed only as much as necessary, and the rest stays in full force. The assumption of risk, release, covenant not to sue, indemnity and medical authorization continue after the Activity ends. This waiver applies to the lesson I am booking and to every Hella Surf lesson or session I (or the minor I sign for) take part in during the 12 months after I sign it, including rescheduled and follow-up lessons. It works together with the Hella Surf Terms; if they differ, this signed waiver controls. A paper, scanned or electronic signature and a copy of this waiver are as valid as the original.