I, (“Releasor”), an authorized guest at the property located at 77-5459 Ali’i Dr., #302, Kailua-Kona, HI (the “Property”) acknowledge and agree:
1. I understand the Property is currently undergoing construction to it’s lanai and other areas which involves risks that may result in serious bodily injury and/or death.
2. I am also aware that my stay at the Property involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, falling, sports injury, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the Property during my stay, and the condition of the Property. I understand that the description of the risks in this Release of Liability, Waiver of Claims and Assumption of Risk (the “Document”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death.
3. In consideration of being permitted to stay at the Property, I agree on my own behalf, my family, any and all guests, and invitees that I am fully responsible for any and all risks of injury or death. I hereby release and hold harmless Barry Cutler and all other equity owners/partners (collectively “Releasees”) of the Property.
5. I agree to fully and forever release and discharge, and not to sue Releasees for any injuries or damages, including bodily injury or property damage that results from my occupancy of the Property which may result from or be related in any way to my stay at the Property. I further agree to indemnify and defend Releasees, through their own choice of counsel, against any and all claims arising out of or related in any way to the use of the property, including claims by third parties.
6. I agree that any claims arising out of my rental and any claims of damage or injuries at the property will be determined by binding arbitration before a single arbitrator in Hawaii. I understand that I, as well as Releasees, are waiving the right to a jury trial.
I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF MY FAMILY, MINORS, INVITEES, AND OTHERS IN MY CARE, CUSTODY OR CONTROL, AND AGREE TO ADVISE ALL SUCH INDIVIDUALS OF THIS DOCUMENT AND CAREFULLY SUPERVISE THEIR USE OF PROPERTY.