I have requested the Kaho‘olawe Island Reserve Commission to allow me, or my child (to hereinafter include ward), to enter the Kaho‘olawe Island Reserve (Reserve). I agree and acknowledge that my or my child’s SAFETY IS at risk and that I accept full RESPONSIBILITY. I further acknowledge that my child or I have been instructed to follow all safety instructions both written and verbal. I fully understand, and by my signature acknowledge that: (1) I understand that the Reserve was used from 1941 to 1990 as a live ordnance military training complex; that the ISLAND AND ITS SURROUNDING WATERS ARE DANGEROUS AND UNSAFE due to the presence of surface and subsurface UNEXPLODED ORDNANCE; that there may be hazardous conditions and ordnance on and under the surface of the Reserve; and that unexploded ordnance may explode near me or my child which COULD CAUSE INJURY OR DEATH. (2) I understand that transportation to and from the Reserve are by ocean going craft or helicopter. I understand that travel on Maui is by vehicle. I understand that hazardous or mechanical conditions may occur during transport, which COULD CAUSE INJURY OR DEATH or property damage to me or my child. (3) I understand that NO MEDICAL FACILITIES EXIST in the Reserve. In the event of a serious or life threatening injury, I understand that a medivac helicopter will be contacted to transport me or my child to an emergency care facility, subject to the availability of the medivac helicopter, at my own expense. I further understand that weather conditions or darkness may prohibit or prevent rescue operations which COULD CAUSE INJURY OR DEATH to me or my child. (4) I understand that the roads and trails on Kaho‘olawe are extremely rough and rugged; that the transporting vehicles used are old, have exposed metal surfaces, do not include typical vehicle safety features, and could break down a distance from airlift support. I understand that riding in these vehicles COULD CAUSE INJURY OR DEATH or property damage to me or my child, and if the vehicle breaks down, me or my child, may be required to walk a significant distance for support. | (5) I understand that the buildings, boardwalks, and pathways in the Reserve contain exposed metal surfaces, have rough and uneven surfaces, and do not include typical safety features. I understand that the use of these facilities COULD CAUSE INJURY OR DEATH or property damage to me or my child. (6) I understand that recreational swimming may take place at the beach areas in the Reserve; that certified life guards are not present; and that swimming is at the swimmer’s risk. I further understand the risks presented by the currents, surf, and shoreline conditions; that unexploded ordnance may be present; and that sharks or other natural dangers may be present. I understand that these swimming activities COULD CAUSE INJURY OR DEATH to me or my child. I voluntarily ASSUME THE RISK OF INJURY OR LOSS, for myself or my child and for myself or my child’s property created by any conditions indicated in paragraphs (1) through (6) above or any unforeseeable conditions. With full knowledge of the hazards, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS the State of Hawai‘i and their officers, agents, and employees, for death or injury to me or my child or for damage to my or my child’s property resulting from the hazardous conditions previously listed, or any unforeseeable conditions. In consideration of the access which I have requested, I, for myself, my heirs, beneficiaries, executors, and administrators; and for my child’s heirs, beneficiaries, executors, and administrators, REMISE, RELEASE, AND FOREVER DISCHARGE the State of Hawai‘i, and their officers, agents and employees, acting in their official capacity with due diligence, from any and all claim(s), demand(s), or cause(s) of action on account of my or my child’s injury or death or on account of any damage to my or my child’s property which may occur from my or my child’s negligence, the hazardous conditions previously listed, or any unforeseeable conditions, during the access to the Reserve or incident thereto. |