ATTACHMENT B

PRE-TRIP BRIEFING AND ACKNOWLEDGEMENT FORM

Molokini Shoal Marine Life Conservation District Use Permit

Molokini Islet is the southern rim of an extinct volcanic crater. The shallow inner cove is the craters submerged floor which is covered by sand patches, coral and boulders.  The coral reefs within the crater support abundant marine life which is among the most diverse and impressive in Hawaii.  The waters in and around Molokini are designated as a Marine Life Conservation District (MLCD), which makes it a strictly protected marine reserve.  While enjoying your visit to Molokini, Please help us to protect this precious area by following the rules and guidelines:

1. The taking, injuring or disturbing of any living material, fishes, turtles, eggs, shells, corals, seaweed, etc. or non-living habitat (sand, rocks, coral skeletons etc.) is strictly prohibited.  Sea turtles may not be approached or harassed at any time.
2. Make sure you avoid contacting the bottom at all times and stay out of the shallow water immediately next to shore.  Keep hands and feet well away from any rock or coral, and use a flotation device if you need help swimming or if it is required by your guides.
3. Feeding fish or introducing any material into the water that could attract marine life is strictly prohibited.  Fish feeding can change the type of fish in the reserve, stimulate aggressive behavior, and reduce normal grazing patterns that maintain a healthy reef.
4. Stay away from shore and do not attempt to climb onto the island.  Molokini is a seabird sanctuary and entry is strictly prohibited.
5. Avoid excessive splashing and creating loud noises that can disturb both protected marine life and seabirds.
6. It is illegal to pollute or introduce human waste into the MLCD waters.
7. Listen to your guides, follow their instructions, and do not venture too far away from your tour vessel.  Weather and current conditions at Molokini can change very quickly and this can create dangerous situations if you get separated from your boat.

I Certify that I have read and will comply with all the rules and guidelines listed above.

I acknowledge that all trips to Molokini Crater are weather permitting.

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of this minor being permitted by Classic Charters to participate in its activities and to use Classic Charter’s equipment and facilities, I further agree to indemnify and hold harmless Classic Charters, its agents and employees, from any and all claims, causes of action, damages, losses, and expenses, including, but not limited to attorneys’ fees, which are brought by or on behalf of Minor, and which are in any way connected with Minor’s participation in said activities.

MAUI CLASSIC CHARTERS, INC. 330 Ohukai, Suite 111 Kihei, HI 96753

PARTICIPANT WAIVER, ASSUMPTION OF RISK, and INDEMNITY AGREEMENT

In consideration of the services of MAUI CLASSIC CHARTERS, INC., its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively “Classic Charters”), I hereby agree to release, waive, indemnify and discharge Classic Charters, on behalf of myself, my spouse, children, parents, heirs, assigns, affiliates, personal representative(s), estate and all other similarly situated persons as follows:

1. I acknowledge that my participation in swimming, snorkeling, free diving, boating, SNUBA, and related activities are hazardous activities (individually and collectively “activity”) with inherent, known, and unanticipated risks, hazards, perils and dangers that could result in physical and or emotional injury, paralysis, death, or damage to myself, to property, and or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include but are not limited to: the hazards of entering and exiting watercraft; seasickness; drowning; sustaining scratches, bruises, sprains, lacerations, fractures, concussions or even more severe life threatening injuries; harm due to inclement weather; falling off the boat; sun exposure/ sun burns; death; poor or no access to emergency and or medical services; the negligence of other participants or persons who may be present; allergic and other adverse reaction to food or drink; my own physical condition and the physical exertion associated with this activity.

2. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) expressly agree and promise to accept and assume all of the risks existing in and associated with this activity, now and forever, whether such risks are foreseen or unforeseen. My/ my child’s participation in this activity is purely voluntary, and I elect to participate/ allow my child to participate in spite of the risks.

3. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with my participation/ my child’s participation in this activity or my use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters. Furthermore, should Classic Charters or anyone acting on their 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.

4. I certify that I have adequate insurance to cover any injury or damage I and or my participant child may cause or suffer while participating in the activity, 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 and or my participant child may have.

5. I assert and warrant that I am physically and mentally fit and able to participate in the activity. I further assure that each and all children and other minors in my party are physically and mentally fit and able to participate in the activity.

6. I agree to follow all policies, protocols, and instructions of Classic Charters and adhere to all County, State, and Federal rules and regulations which may govern participation in the activity. I further agree to not consume alcohol on Classic Charter’s vessel(s) at any time until all participants have returned to the vessel from its scheduled snorkeling/ swimming stop and agree to not re-enter water after being supplied and or served with alcohol. I agree to be financially responsible for any rental equipment I or my participant child lose or break.

7. I agree to supervise and oversee any and all minors in my group, including my own children as well as family members and friends under the age of majority that are not my children whom accompany me on Classic Charter’s vessel(s) during the activity and any related operations. The activity has inherent dangers and I acknowledge that it is not Classic Charter’s duty to supervise the children and other minors I bring with me. I warrant that I have permission from the appropriate parent(s)/guardian(s) to bring any minors that accompany me on Classic Charter’s vessel(s) and to participate in the activity. I hereby indemnify Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with said minor’s or minors’ participation in this activity or use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters.

8. I agree to mediate any claims I or my participant child may have. In the event that I believe, or anyone acting on my behalf believes, I or my participant child have a claim or cause of action against Classic Charters, I/we hereby agree to attempt to mediate said claim(s) in good faith with Classic Charters before filing a lawsuit. In the event mediation is unsuccessful, I/we agree that the Courts of the Second Circuit, State of Hawaii, shall have exclusive jurisdiction and venue over any dispute arising hereunder and I/we further agree that the substantive law of the State of Hawaii shall apply in that action without regard to the conflict of law rules of that state. I/we agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I and or my participant child may be found by a court of law to have waived my right to maintain a lawsuit against Classic Charters on the basis of any claim from which I have released it herein. I further acknowledge that any photos or videos captured of guests today may be used by Classic Charters or Maui Marine Images for advertising or social media purposes. I have had sufficient opportunity to read this entire document; I have read and understood it, and I agree to be bound by its terms.

COVID-19 ADDEMDUM

1. I hereby agree and acknowledge that virus(-es), including SARS-CoV-2 (also known as the “novel corona virus”), the virus which causes the COVID-19 disease, and/or bacteria, may be transferred by touching materials such as Maui Charter’s vessels and equipment. There is no guarantee that Classic Charters’ disinfecting methods or food handling will prevent contraction of illness. I further acknowledge and agree that virus(/es), including SARS-CoV-2, and certain bacteria, may be airborne and I assume the risk of being exposed to said viruses and bacteria when participating in the activities provided by Classic Charters. By using the services, equipment and goods, and consuming the food provided by Classic Charters pursuant to this Agreement, I agree to accept all risks and dangers and waive and hold harmless Classic Charters, it’s officers, directors, employees, volunteers, agents, successors and assigns from any and all claims, actions, liability of action demands, judgments, rights, costs and expenses of whatever nature and kind the I may have or may hereafter acquire, including, but not limited to personal and/or family illness, injury, death.
2. I understand and agree that the Hawaii Department of Land and Natural Resources (DLNR), which regulates the marine activities provided by Classic Charters, currently permits recreational and commercial vessels to carry up to a certain percentage of their rated capacity. This percentage may be subject to change. The DLNR also requires the use of face masks when practical. I understand that the protocols established by the State of Hawaii and implemented by Classic Charters are not a guaranty against exposure to and infection from SARS-CoV-2 virus. Moreover, there is no guaranty the other passengers will continue to wear their face masks or maintain social distancing on Classic Charters’ vessels.
3. I hereby understand and agree that I may be exposed to SARS-CoV-2 and that my participation in the activity is my own free will.

MAUI CLASSIC CHARTERS, INC. 330 Ohukai, Suite 111 Kihei, HI 96753

PARTICIPANT WAIVER, ASSUMPTION OF RISK, and INDEMNITY AGREEMENT

In consideration of the services of MAUI CLASSIC CHARTERS, INC., its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively “Classic Charters”), I hereby agree to release, waive, indemnify and discharge Classic Charters, on behalf of myself, my spouse, children, parents, heirs, assigns, affiliates, personal representative(s), estate and all other similarly situated persons as follows:

1. I acknowledge that my participation in swimming, snorkeling, free diving, boating, SNUBA, and related activities are hazardous activities (individually and collectively “activity”) with inherent, known, and unanticipated risks, hazards, perils and dangers that could result in physical and or emotional injury, paralysis, death, or damage to myself, to property, and or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include but are not limited to: the hazards of entering and exiting watercraft; seasickness; drowning; sustaining scratches, bruises, sprains, lacerations, fractures, concussions or even more severe life threatening injuries; harm due to inclement weather; falling off the boat; sun exposure/ sun burns; death; poor or no access to emergency and or medical services; the negligence of other participants or persons who may be present; allergic and other adverse reaction to food or drink; my own physical condition and the physical exertion associated with this activity.

2. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) expressly agree and promise to accept and assume all of the risks existing in and associated with this activity, now and forever, whether such risks are foreseen or unforeseen. My/ my child’s participation in this activity is purely voluntary, and I elect to participate/ allow my child to participate in spite of the risks.

3. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with my participation/ my child’s participation in this activity or my use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters. Furthermore, should Classic Charters or anyone acting on their 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.

4. I certify that I have adequate insurance to cover any injury or damage I and or my participant child may cause or suffer while participating in the activity, 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 and or my participant child may have.

5. I assert and warrant that I am physically and mentally fit and able to participate in the activity. I further assure that each and all children and other minors in my party are physically and mentally fit and able to participate in the activity.

6. I agree to follow all policies, protocols, and instructions of Classic Charters and adhere to all County, State, and Federal rules and regulations which may govern participation in the activity. I further agree to not consume alcohol on Classic Charter’s vessel(s) at any time until all participants have returned to the vessel from its scheduled snorkeling/ swimming stop and agree to not re-enter water after being supplied and or served with alcohol. I agree to be financially responsible for any rental equipment I or my participant child lose or break.

7. I agree to supervise and oversee any and all minors in my group, including my own children as well as family members and friends under the age of majority that are not my children whom accompany me on Classic Charter’s vessel(s) during the activity and any related operations. The activity has inherent dangers and I acknowledge that it is not Classic Charter’s duty to supervise the children and other minors I bring with me. I warrant that I have permission from the appropriate parent(s)/guardian(s) to bring any minors that accompany me on Classic Charter’s vessel(s) and to participate in the activity. I hereby indemnify Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with said minor’s or minors’ participation in this activity or use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters.

8. I agree to mediate any claims I or my participant child may have. In the event that I believe, or anyone acting on my behalf believes, I or my participant child have a claim or cause of action against Classic Charters, I/we hereby agree to attempt to mediate said claim(s) in good faith with Classic Charters before filing a lawsuit. In the event mediation is unsuccessful, I/we agree that the Courts of the Second Circuit, State of Hawaii, shall have exclusive jurisdiction and venue over any dispute arising hereunder and I/we further agree that the substantive law of the State of Hawaii shall apply in that action without regard to the conflict of law rules of that state. I/we agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I and or my participant child may be found by a court of law to have waived my right to maintain a lawsuit against Classic Charters on the basis of any claim from which I have released it herein. I further acknowledge that any photos or videos captured of guests today may be used by Classic Charters or Maui Marine Images for advertising or social media purposes. I have had sufficient opportunity to read this entire document; I have read and understood it, and I agree to be bound by its terms.

COVID-19 ADDEMDUM

1. I hereby agree and acknowledge that virus(-es), including SARS-CoV-2 (also known as the “novel corona virus”), the virus which causes the COVID-19 disease, and/or bacteria, may be transferred by touching materials such as Maui Charter’s vessels and equipment. There is no guarantee that Classic Charters’ disinfecting methods or food handling will prevent contraction of illness. I further acknowledge and agree that virus(/es), including SARS-CoV-2, and certain bacteria, may be airborne and I assume the risk of being exposed to said viruses and bacteria when participating in the activities provided by Classic Charters. By using the services, equipment and goods, and consuming the food provided by Classic Charters pursuant to this Agreement, I agree to accept all risks and dangers and waive and hold harmless Classic Charters, it’s officers, directors, employees, volunteers, agents, successors and assigns from any and all claims, actions, liability of action demands, judgments, rights, costs and expenses of whatever nature and kind the I may have or may hereafter acquire, including, but not limited to personal and/or family illness, injury, death.
2. I understand and agree that the Hawaii Department of Land and Natural Resources (DLNR), which regulates the marine activities provided by Classic Charters, currently permits recreational and commercial vessels to carry up to a certain percentage of their rated capacity. This percentage may be subject to change. The DLNR also requires the use of face masks when practical. I understand that the protocols established by the State of Hawaii and implemented by Classic Charters are not a guaranty against exposure to and infection from SARS-CoV-2 virus. Moreover, there is no guaranty the other passengers will continue to wear their face masks or maintain social distancing on Classic Charters’ vessels.
3. I hereby understand and agree that I may be exposed to SARS-CoV-2 and that my participation in the activity is my own free will.

MAUI CLASSIC CHARTERS, INC. 330 Ohukai, Suite 111 Kihei, HI 96753

PARTICIPANT WAIVER, ASSUMPTION OF RISK, and INDEMNITY AGREEMENT

In consideration of the services of MAUI CLASSIC CHARTERS, INC., its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively “Classic Charters”), I hereby agree to release, waive, indemnify and discharge Classic Charters, on behalf of myself, my spouse, children, parents, heirs, assigns, affiliates, personal representative(s), estate and all other similarly situated persons as follows:

1. I acknowledge that my participation in swimming, snorkeling, free diving, boating, SNUBA, and related activities are hazardous activities (individually and collectively “activity”) with inherent, known, and unanticipated risks, hazards, perils and dangers that could result in physical and or emotional injury, paralysis, death, or damage to myself, to property, and or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include but are not limited to: the hazards of entering and exiting watercraft; seasickness; drowning; sustaining scratches, bruises, sprains, lacerations, fractures, concussions or even more severe life threatening injuries; harm due to inclement weather; falling off the boat; sun exposure/ sun burns; death; poor or no access to emergency and or medical services; the negligence of other participants or persons who may be present; allergic and other adverse reaction to food or drink; my own physical condition and the physical exertion associated with this activity.

2. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) expressly agree and promise to accept and assume all of the risks existing in and associated with this activity, now and forever, whether such risks are foreseen or unforeseen. My/ my child’s participation in this activity is purely voluntary, and I elect to participate/ allow my child to participate in spite of the risks.

3. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with my participation/ my child’s participation in this activity or my use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters. Furthermore, should Classic Charters or anyone acting on their 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.

4. I certify that I have adequate insurance to cover any injury or damage I and or my participant child may cause or suffer while participating in the activity, 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 and or my participant child may have.

5. I assert and warrant that I am physically and mentally fit and able to participate in the activity. I further assure that each and all children and other minors in my party are physically and mentally fit and able to participate in the activity.

6. I agree to follow all policies, protocols, and instructions of Classic Charters and adhere to all County, State, and Federal rules and regulations which may govern participation in the activity. I further agree to not consume alcohol on Classic Charter’s vessel(s) at any time until all participants have returned to the vessel from its scheduled snorkeling/ swimming stop and agree to not re-enter water after being supplied and or served with alcohol. I agree to be financially responsible for any rental equipment I or my participant child lose or break.

7. I agree to supervise and oversee any and all minors in my group, including my own children as well as family members and friends under the age of majority that are not my children whom accompany me on Classic Charter’s vessel(s) during the activity and any related operations. The activity has inherent dangers and I acknowledge that it is not Classic Charter’s duty to supervise the children and other minors I bring with me. I warrant that I have permission from the appropriate parent(s)/guardian(s) to bring any minors that accompany me on Classic Charter’s vessel(s) and to participate in the activity. I hereby indemnify Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with said minor’s or minors’ participation in this activity or use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters.

8. I agree to mediate any claims I or my participant child may have. In the event that I believe, or anyone acting on my behalf believes, I or my participant child have a claim or cause of action against Classic Charters, I/we hereby agree to attempt to mediate said claim(s) in good faith with Classic Charters before filing a lawsuit. In the event mediation is unsuccessful, I/we agree that the Courts of the Second Circuit, State of Hawaii, shall have exclusive jurisdiction and venue over any dispute arising hereunder and I/we further agree that the substantive law of the State of Hawaii shall apply in that action without regard to the conflict of law rules of that state. I/we agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I and or my participant child may be found by a court of law to have waived my right to maintain a lawsuit against Classic Charters on the basis of any claim from which I have released it herein. I further acknowledge that any photos or videos captured of guests today may be used by Classic Charters or Maui Marine Images for advertising or social media purposes. I have had sufficient opportunity to read this entire document; I have read and understood it, and I agree to be bound by its terms.

COVID-19 ADDEMDUM

1. I hereby agree and acknowledge that virus(-es), including SARS-CoV-2 (also known as the “novel corona virus”), the virus which causes the COVID-19 disease, and/or bacteria, may be transferred by touching materials such as Maui Charter’s vessels and equipment. There is no guarantee that Classic Charters’ disinfecting methods or food handling will prevent contraction of illness. I further acknowledge and agree that virus(/es), including SARS-CoV-2, and certain bacteria, may be airborne and I assume the risk of being exposed to said viruses and bacteria when participating in the activities provided by Classic Charters. By using the services, equipment and goods, and consuming the food provided by Classic Charters pursuant to this Agreement, I agree to accept all risks and dangers and waive and hold harmless Classic Charters, it’s officers, directors, employees, volunteers, agents, successors and assigns from any and all claims, actions, liability of action demands, judgments, rights, costs and expenses of whatever nature and kind the I may have or may hereafter acquire, including, but not limited to personal and/or family illness, injury, death.
2. I understand and agree that the Hawaii Department of Land and Natural Resources (DLNR), which regulates the marine activities provided by Classic Charters, currently permits recreational and commercial vessels to carry up to a certain percentage of their rated capacity. This percentage may be subject to change. The DLNR also requires the use of face masks when practical. I understand that the protocols established by the State of Hawaii and implemented by Classic Charters are not a guaranty against exposure to and infection from SARS-CoV-2 virus. Moreover, there is no guaranty the other passengers will continue to wear their face masks or maintain social distancing on Classic Charters’ vessels.
3. I hereby understand and agree that I may be exposed to SARS-CoV-2 and that my participation in the activity is my own free will.

MAUI CLASSIC CHARTERS, INC. 330 Ohukai, Suite 111 Kihei, HI 96753

PARTICIPANT WAIVER, ASSUMPTION OF RISK, and INDEMNITY AGREEMENT

In consideration of the services of MAUI CLASSIC CHARTERS, INC., its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively “Classic Charters”), I hereby agree to release, waive, indemnify and discharge Classic Charters, on behalf of myself, my spouse, children, parents, heirs, assigns, affiliates, personal representative(s), estate and all other similarly situated persons as follows:

1. I acknowledge that my participation in swimming, snorkeling, free diving, boating, SNUBA, and related activities are hazardous activities (individually and collectively “activity”) with inherent, known, and unanticipated risks, hazards, perils and dangers that could result in physical and or emotional injury, paralysis, death, or damage to myself, to property, and or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include but are not limited to: the hazards of entering and exiting watercraft; seasickness; drowning; sustaining scratches, bruises, sprains, lacerations, fractures, concussions or even more severe life threatening injuries; harm due to inclement weather; falling off the boat; sun exposure/ sun burns; death; poor or no access to emergency and or medical services; the negligence of other participants or persons who may be present; allergic and other adverse reaction to food or drink; my own physical condition and the physical exertion associated with this activity.

2. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) expressly agree and promise to accept and assume all of the risks existing in and associated with this activity, now and forever, whether such risks are foreseen or unforeseen. My/ my child’s participation in this activity is purely voluntary, and I elect to participate/ allow my child to participate in spite of the risks.

3. I (for myself, and if participant is a minor, for and on behalf of my participating minor child) hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with my participation/ my child’s participation in this activity or my use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters. Furthermore, should Classic Charters or anyone acting on their 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.

4. I certify that I have adequate insurance to cover any injury or damage I and or my participant child may cause or suffer while participating in the activity, 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 and or my participant child may have.

5. I assert and warrant that I am physically and mentally fit and able to participate in the activity. I further assure that each and all children and other minors in my party are physically and mentally fit and able to participate in the activity.

6. I agree to follow all policies, protocols, and instructions of Classic Charters and adhere to all County, State, and Federal rules and regulations which may govern participation in the activity. I further agree to not consume alcohol on Classic Charter’s vessel(s) at any time until all participants have returned to the vessel from its scheduled snorkeling/ swimming stop and agree to not re-enter water after being supplied and or served with alcohol. I agree to be financially responsible for any rental equipment I or my participant child lose or break.

7. I agree to supervise and oversee any and all minors in my group, including my own children as well as family members and friends under the age of majority that are not my children whom accompany me on Classic Charter’s vessel(s) during the activity and any related operations. The activity has inherent dangers and I acknowledge that it is not Classic Charter’s duty to supervise the children and other minors I bring with me. I warrant that I have permission from the appropriate parent(s)/guardian(s) to bring any minors that accompany me on Classic Charter’s vessel(s) and to participate in the activity. I hereby indemnify Classic Charters from any and all claims, losses, damages, demands, and or causes of action (collectively “claims”), which are in any way connected with said minor’s or minors’ participation in this activity or use of Classic Charter’s equipment or facilities, including any such claims which allege negligent acts or omissions of Classic Charters.

8. I agree to mediate any claims I or my participant child may have. In the event that I believe, or anyone acting on my behalf believes, I or my participant child have a claim or cause of action against Classic Charters, I/we hereby agree to attempt to mediate said claim(s) in good faith with Classic Charters before filing a lawsuit. In the event mediation is unsuccessful, I/we agree that the Courts of the Second Circuit, State of Hawaii, shall have exclusive jurisdiction and venue over any dispute arising hereunder and I/we further agree that the substantive law of the State of Hawaii shall apply in that action without regard to the conflict of law rules of that state. I/we agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I and or my participant child may be found by a court of law to have waived my right to maintain a lawsuit against Classic Charters on the basis of any claim from which I have released it herein. I further acknowledge that any photos or videos captured of guests today may be used by Classic Charters or Maui Marine Images for advertising or social media purposes. I have had sufficient opportunity to read this entire document; I have read and understood it, and I agree to be bound by its terms.

COVID-19 ADDEMDUM

1. I hereby agree and acknowledge that virus(-es), including SARS-CoV-2 (also known as the “novel corona virus”), the virus which causes the COVID-19 disease, and/or bacteria, may be transferred by touching materials such as Maui Charter’s vessels and equipment. There is no guarantee that Classic Charters’ disinfecting methods or food handling will prevent contraction of illness. I further acknowledge and agree that virus(/es), including SARS-CoV-2, and certain bacteria, may be airborne and I assume the risk of being exposed to said viruses and bacteria when participating in the activities provided by Classic Charters. By using the services, equipment and goods, and consuming the food provided by Classic Charters pursuant to this Agreement, I agree to accept all risks and dangers and waive and hold harmless Classic Charters, it’s officers, directors, employees, volunteers, agents, successors and assigns from any and all claims, actions, liability of action demands, judgments, rights, costs and expenses of whatever nature and kind the I may have or may hereafter acquire, including, but not limited to personal and/or family illness, injury, death.
2. I understand and agree that the Hawaii Department of Land and Natural Resources (DLNR), which regulates the marine activities provided by Classic Charters, currently permits recreational and commercial vessels to carry up to a certain percentage of their rated capacity. This percentage may be subject to change. The DLNR also requires the use of face masks when practical. I understand that the protocols established by the State of Hawaii and implemented by Classic Charters are not a guaranty against exposure to and infection from SARS-CoV-2 virus. Moreover, there is no guaranty the other passengers will continue to wear their face masks or maintain social distancing on Classic Charters’ vessels.
3. I hereby understand and agree that I may be exposed to SARS-CoV-2 and that my participation in the activity is my own free will.