PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Diver Dan's Specialty Charters, Inc. d/b/a Kaanapali Ocean Adventures their agents, owners, officers,
volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred
to as "DDSCI"), I hereby agree to release, indemnify, and discharge DDSCI, on behalf of myself, my spouse, my children, my parents, my
heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in motorized surfboard and jet surfing activities entails known and unanticipated risks that could
result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such
risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; accidental drowning; boat capsize and entrapment; travel in remote areas; collision
with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can
occur getting on or off; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock,
hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals,
insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and
otherwise shaken during rides; passengers can be thrown off the boat; equipment failure; accidents involving boats or other vessels;
collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical
facilities; my own physical condition, and the physical exertion associated with this activity. Furthermore, DDSCI employees have
difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They
might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment
being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation
devise (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DDSCI from any and all claims, demands, or
causes of action, which are in any way connected with my participation in this activity or my use of DDSCI's equipment or facilities,
including any such claims which allege negligent acts or omissions of DDSCI.
4. Should DDSCI 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.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, 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
may have.
6. In the event that I file a lawsuit against DDSCI, I agree to do so solely in the state of Hawaii, and I further agree that the substantive
law of that state shall apply in that action without regard to the conflict of law rules of that state. I 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
may be found by a court of law to have waived my right to maintain a lawsuit against DDSCI on the basis of any claim from which
I have released them herein. I also agree that this document is valid for subsequent visits and participation at DDSCI. 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.

TOP PRIORITY

We are operating under COVID-19 guidelines provided by the Hawaii State Department of Health to ensure safety for our guests and staff. Get the latest Hawaii COVID-19 data at HawaiiCovid19.com/dashboard

Our new handling practices include sanitizing our vessels. On all of our equipment we spray with Steramine which provides barrier protection, sanitizing, cleaning and decontamination of all surfaces especially since we reuse all snorkel equipment. All guests must wear a face covering and practice social distancing (6 ft apart at check in). All safe practices are also applied on our vessels. Please wash your hands especially if you have visited public places. Hand sanitizer will be provided on vessel before signing waivers. All staff have been given guidelines from the Centers of Disease Control which include washing your hands with soap and water.

Appreciate everyone's cooperation to keep safe during and after all of our activities.

Customers will only receive a full refund with 72 hours notice of cancellation. Customers will also receive a full refund in case of operator cancellation due to weather or other unforeseen circumstances. Contact us by phone to cancel or inquire about a cancellation. No-shows will be charged the full price.