Heart and You

Heart and You
Facilitated by Ocean Journeys LLC

RELEASE OF LIABILITY AND
WAIVER OF CLAIMS AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. ALL PERSONS MUST READ AND SIGN THIS AGREEMENT BEFORE PARTICIPATION IN THE “ HEART AND YOU” PRO­GRAMS.

1. I hereby certify that I am in good health and that I am physically, emotionally and mentally ca­pable of taking part in activities of the “Heart and You” program. I understand these activities may involve physical and non-physical exertion, including but not limited to swimming and snor­keling in the ocean, training in physical fitness exercises, boating on the open ocean, and hiking which will include exposure to changing weather conditions, close interaction with marine mammals and fish, and unforeseen challenges. I understand that this program is not recognized by traditional medical associations as “therapeutic” and neither “ Heart and You” nor the facilitator, have made any unsubstantiated medical claims or representa­tions of cures.

2. I am aware of and I will obey the laws prohibiting the harassment of marine mammals. I am per­sonally responsible for obeying all such laws and avoiding any harassment of dolphins and for avoiding any acts that would damage the coral reefs or otherwise degrade the marine environ­ment.

3. I acknowledge and agree that the “Heart and You” program can be terminated at the discretion of the facilitator of any reason. In such event, I will receive a prorated refund of the program fee. If I withdraw from the program for any reason whatsoever, no part of te program fee shall be re­funded and any unpaid portion thereof shall become due and payable immediately.

4. I acknowledge and agree that all material used during the program is and shall remain the sole property of “Heart and You” exclusively for its own use, and that my retention, publication, dissemination or use (other than within the program) of such material is prohibited without prior written authorization.

5. In consideration of my participation in the “Heart and You” program, I do hereby waive, re­lease and discharge “Heart and You” and their agents, owners, employees, and assigns for any and all losses of property, personal injuries, damages and claims, or injuries resulting in death, due to any negligence on my part while taking part in the “Heart and You” program.

6. I acknowledge that agreement if to bind me, my heirs, my estate, assigns, legal guardians and per­sonal representative. I agree that this release and waiver agreement is intended to be as broad and inclusive as permitted by the laws of State of Hawaii and that if any part of this agreement is held to be invalid, I agree that the rest shall continue to have full legal force and affect.

7. I agree and give permission to Ocean Journeys LLC dba Heart and You in the event that photo­graphs and video taken of myself during activity may be used for the purpose of advertisement or promo­tional materials used and produced by Ocean Journeys dba Heart & You and their agents.

8. I understand that Heart and You’s program is subject to change at any point during the tour de­pending on the weather, sea conditions, and the location and number of dolphins sighted.

9. I agree to have responsibility if I lose or damage the snorkeling gears (fins, masks or snorkels).

I further state that I am of lawful age and legally competent to sign this release and waiver, or that my parents or guardians’ signature is included below.
I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free will.

THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.