I desire to participate in an activity (or activities) sponsored by Central Pacific Bank, as described above (the “Activity”). This Assumption of Risk, Waiver, and Release from Liability (this “Agreement”) covers the entirety of my participation in the Activity, including travel to and from any locations in order to participate in the Activity and events incidental to the Activity. In consideration of being permitted to participate in the Activity, I, for myself, my heirs, devisees, personal representatives, successors and assigns agree as follows:
1. Prerequisite Skills. I understand the nature of the Activity and warrant that I am qualified, in good health, and in proper physical condition to properly and safely participate in the Activity.
2. Assumption of Risk. I am voluntarily participating in the Activity. I UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITY, SUCH AS PHYSICAL AND/OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, PARALYSIS, DEATH, PROPERTY DAMAGE, OR ECONOMIC LOSS. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity’s locations, equipment or facilities. Nonetheless, I assume all risks of my participation in the Activity, whether known or unknown to me.
4. Release of Liability. I agree, on behalf of myself and my heirs and personal representatives, to fully and forever discharge and release Central Pacific Bank, its affiliates, and their respective partners, agents, operators, managers, employees, and representatives, other participants in the Activity, vendors, and rescue personnel ("Released Parties") from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my participation in the Activity, whether caused by the negligence of the Released Parties or by any other reason. I acknowledge and agree that this Agreement is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me in any way related to the Activity.
5. Covenant Not to Sue. I agree, on behalf of myself and my heirs and personal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs or legal representatives may have as a result of any personal injury, death or property damage I may sustain while participating in the Activity.
6. Indemnification. I hereby agree to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my involvement in the Activity, whether caused by the negligence of Released Parties or otherwise.
7. General. This Agreement will be governed by and interpreted in accordance with the laws of the State of Hawaii, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Honolulu, Hawaii. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.