RELEASE AND WAIVER OF LIABILITY (READ BEFORE SIGNING)
 

In consideration of my participation in DUKE’S KAHANAMOKU OCEANFEST 2026 event and/or activities, including transportation to and from activities (hereinafter referred to as the “Event”), the undersigned acknowledges, appreciates, and willingly agrees to the following:

1.     Assumption of Risk. I understand and acknowledge that all activities included in the Event, including swimming, surfing, running, boating, playing volleyball, and other water and land activities are inherently dangerous activity involving significant risk of injury, including the potential for permanent paralysis and death.

I further understand and acknowledge the physical and mental rigors associated with the Event and realize thatswimming, surfing, running, boating, playing volleyball, and other water and land activities surfing, and other portions ofthe Event are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understandthat participation in the Event involves risk and dangers that including dangerous tides, currents, waves, and wind;adverse weather conditions, including temperature extremes, thunder and lightning, severe and varied wind; dangeroussurf conditions; water quality hazards; sand hazards and debris, dog bites; contact or collision with participants,spectators, dogs, personal rescue water craft (“PRWC”), boats, marine vehicles, surfboards, foil boards, volleyballs, waterpolo balls, or other man-made or natural objects; imperfect course conditions; equipment failure and/or malfunction ormisuse of equipment; inadequate safety measures; participants of various skill levels; marine hazards (animate and inanimate) of all types; viruses, including but not limited to Covid-19; situations beyond the immediate control of EventOrganizers; and other undefined harm or damage which may not be readily foreseeable (“Risks”).

The risk of injury from the activities involved in this Event are significant, including the potential for permanent paralysis, serious injury, property loss, or death. The risks include, but are not limited to, minor injuries (such as cuts, bruises, muscle strains and sprains, fatigue, exhaustion, chill, dizziness, and sun burn) to major injuries (such as, knee injuries, ankle and foot injuries, broken bones, heat exhaustion, heat stroke, hypothermia, dehydration, dog bites, and concussions) to catastrophic injuries (such as, drowning, heart attacks, serious injuries to the head, neck, and/or back, and other injuries that may cause permanent damage, paralysis, or even death). I acknowledge that I am voluntarily participating in the Event and understand the risks involved. I hereby assume full responsibility for all Risks arising out of, related to, or connected with my participation in the Event, both known and unknown, EVEN IFARISING FROM THE NEGLIGENCE OF THE EVENT DIRECTOR, OUTRIGGER DUKE KAHANAMOKU FOUNDATION, OUTRIGGER DUKE KAHANAMOKU FOUNDATION SUPPORT, INC. AND/OR ANY OTHERRELEASED PERSONS LISTED OR DESCRIBED BELOW.

2.     Release. Acceptance of my entry and participation in the Event is without assumption of liability or responsibility of any kind by, owners and lessors of the premises used to conduct the Event, the City and County of Honolulu THEEVENT DIRECTOR, OUTRIGGER DUKE KAHANAMOKU FOUNDATION, OUTRIGGER DUKEKAHANAMOKU FOUNDATION SUPPORT, INC. and/or The State of Hawaii, OUTRIGGER DUKE KAHANAMOKUFOUNDATION and/or OUTRIGGER DUKE KAHANAMOKU

FOUNDATION SUPPORT, INC.’s directors, officers, employees, volunteers, representatives, and agents, event sponsors, event PRWC operators, event lifeguards, and event safety officers and directors and/or event volunteers.In consideration of acceptance of my entry and participation in the Event, I do hereby for and on behalf of myself and my heirs and legal representatives, release, waive and forever discharge THE EVENT DIRECTOR, OUTRIGGERDUKE KAHANAMOKU FOUNDATION, OUTRIGGER DUKE KAHANAMOKU FOUNDATION SUPPORT, INC.owners and lessors

of the premises used to conduct the Event, the City and County of Honolulu and/or The State of Hawaii,OUTRIGGER DUKE KAHANAMOKU FOUNDATION and/or OUTRIGGER DUKE KAHANAMOKU

FOUNDATION SUPPORT, INC.’s directors, officers, employees, volunteers, representatives, and agents, event sponsors, event PRWC operators, event lifeguards, and event safety officers and

directors and/or event volunteers, and their respective officers, directors, committees, employees, volunteers,representatives, successors and assigns (collectively, the “Released Persons”), of and from any and all loss liability,claims and damages of any kind or nature whatsoever (“Claims”), including, but not limited to, Claims forbodily injury, death, drowning, illness caused by a virus, or loss of personal property, whether caused by negligenceof the Released Persons or otherwise, arising out of or related to, or in connected with my participation in theEvent, including travel to and from the Event. I further agree not to sue or bring any legal action or assert any Claimagainst the Released Persons arising out of or relating to my participation in the Event.

3.     Medical Consent and Certification of Fitness. I understand that the Event is an extreme test of a person’s physical andmental limits, and I certify that I am physically fit, have sufficiently trained for participation in the Event, have significantexperience with big wave surfing, and have not been advised not to participate in the Event by a medical provider. Iunderstand and acknowledge that it is my responsibility (in consultation with my physician if necessary) to determinewhether any medical conditions exist which may pose a threat to the health or safety of myself or others while participating in the Event. I certify that I am not currently positive for Covid-19. I understand that there may be noqualified medical care provided by the Released Persons. However, if medical care in relation to the Event isrendered, I hereby consent to the rendering of emergency first aid and other medical procedures that at the time of injuryor illness seem reasonable, appropriate, or necessary and release all Released Persons from any and all Claims on accountof any such first aid or medical procedures rendered. I further understand that I will be responsible for payment for anysuch medical procedures if charges are incurred.

4.     Publicity Consent. I hereby grant to EVENT DIRECTOR, OUTRIGGER DUKE KAHANAMOKUFOUNDATION, OUTRIGGER DUKE KAHANAMOKU FOUNDATION SUPPORT, INC., event holders,

producers, sponsors, organizers, and media, their successors and assigns, the right to record, use, publish, sell anddistribute my photograph, image, appearance, voice, video, actions, and other likeness of me, whether taken, developedor otherwise acquired by them in connection with the Event, without compensation, for any purpose and through anymedium.

5.     Notification. I understand that the Event may be canceled with no refunds if weather, water, pandemic, orenvironmental conditions are deemed hazardous to participants.

6.     Binding Effect. This Release shall be binding upon the parties hereto and their heirs, administrators, representatives,executors, successors, and assigns. This Release shall be governed and construed in accordance with the laws of the Stateof Hawaii.

7.     Indemnification. I further agree that if despite this Agreement, I, or anyone on my behalf, makes a claim forLiability against any of the Released Persons, I will indemnify, defend, and hold harmless each of the Released Persons from any such liability which may be incurred as the result of such claim.

This Agreement represents the complete understanding between the parties regarding these issues and no oral representations,statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to beunlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shallnot affect the validity and enforceability of any remaining provisions.

I further declare that I understand the English language or that this document has been explained to me in my language, and by signing this document, I declare that I fully understand its content and fully approve of it.

BY SIGNING BELOW, I CERTIFY THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS RELEASE AND I HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO

INDEMNIFY THE RELEASED PERSONS. I confirm that I am indeed the person, or guardian, signing this agreement which is legally binding.

Participant Name:
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Participant Signature:

Date:                                                                

Parental/Guardian Consent for minor participants:

I, the parent/guardian, assert that I have explained to my child/ward: the risks of the activity, his/her responsibilities foradhering to the rules and regulations, and that my child/ward understands this agreement.

I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE READ THIS LIABILITY WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of Child/Ward:

Name of Parent/Guardian:

Parent/Guardian Signature:

Date Signed: