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DEPARTMENT OF LAND AND NATURAL RESOURCES FACT SHEET – Mokuleia

1. ROCK CLIMBING IS A DANGEROUS ACTIVITY.

2. HAZARDS INCLUDE BUT ARE NOT LIMITED TO FALLING ROCKS, UNEVEN TERRAIN, EQUIPMENT MALFUNCTION, CORROSION OF BOLTS OR ANCHOR HARDWARE, NATURALLY OCCURRING EROSION, EROSION RESULTING FROM MANMADE CONDITIONS, AND INCREASED PHYSICAL EXERTION. See "Assumption of Risk and Release of Liability".

3. CONDITIONS INCLUDING BUT NOT LIMITED TO BEING STRANDED ON THE ROCK, INSUFFICIENT ROPE, ROPE CATCHING ON THE CLIFF FACE, ROCK FALLS, RAIN, WIND, OTHER CLIMBERS, ANCHOR FAILURE, RIGGING ERRORS, POORLY MAINTAINED PERSONAL EQUIPMENT, INEXPERIENCE, OR YOUR PHYSICAL CONDITION MAY LEAD TO INJURY OR DEATH.

4. MOKULEIA IS LOCATED ON UNENCUMBERED STATE LAND. THIS MEANS THAT THE STATE OF HAWAII AND THE HAWAII CLIMBING COALITION DO NOT MAINTAIN EITHER THE EXISTING NATURAL OR MANMADE CONDITIONS OR CONDITIONS THAT MAY BE CREATED IN THE FUTURE.

5. THE STATE OF HAWAII AND THE HAWAII CLIMBING COALITION ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF OR BASED ON ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE ACTIVITIES OCCURRING ON UNENCUMBERED LAND INCLUDING ACTIVITIES AT THE AREA COMMONLY KNOWN AS MOKULEIA.

6. ALL PERSONS ENTERING ONTO UNENCUMBERED LAND SHALL DEFEND AND INDEMNIFY THE STATE OF HAWAII, ITS OFFICERS, EMPLOYEES, AGENTS, AND THE HAWAII CLIMBING COALITION AND HOLD EACH OF THEM HARMLESS FROM ANY CLAIMS AND DEMANDS FROM ANY PERSON(S) ARISING OUT OF OR BASED ON ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE ACTIVITIES OCCURRING AT THE AREA COMMONLY KNOWN AS MOKULEIA AND SHALL ASSUME ALL RISK OF BODILY INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE.

I have read this Fact Sheet and fully understand its contents. By signing below I acknowledge and understand that engaging in any activity at, in or on Mokuleia is potentially dangerous and that I shall be solely responsible for any injury, death, or property damage to myself or others arising from my or my child's activity or the activity of others at, in or on Mokuleia.

By checking the "I Accept" box, you agree that you have read, understood and will abide by all statements set forth in this Fact Sheet.

I Accept

STATE OF HAWAI'I DEPARTMENT OF LAND AND NATURAL RESOURCES
ASSUMPTION OF RISK AND RELEASE OF LIABILITY

I have requested that the Department of Land and Natural Resources allow me to engage in the following activity or activities on State of Hawaii unimproved public lands commonly known as Mokuleia and more specifically the rock climbing wall and trail leading to and from the wall ("Site"): rock climbing, bouldering, and hiking for a period of time starting on 01/04/2021 and ending on the expiration of Revocable Permit No. SP0530 (RP) or the sooner termination thereof or in the event that I have violated any provision of the RP. I agree and acknowledge that my or my child's or my legal ward's SAFETY is at high risk and that I accept RESPONSIBILITY. I fully understand, and by my signature acknowledge that:

There are certain inherent risks involved with the above-described activity or activities at the Site including but not limited to risk of possible injury, paralysis, or death and understand that the following conditions or hazards, or both may exist:

• falling rocks

• sharp and/or slippery rocks

• stinging or biting insects and spiders

• no bathroom facilities

• no potable drinking water

• inexperienced hikers and rock climbers

• gusty winds

• sharp tools

• lack of nearby medical facilities

• harsh weather conditions (hot, humid, wet, cold, and lightning

• physical exertion

• equipment failure

• dense, tangled vegetation

• thorny plants

• pre-existing health conditions

• wet or slippery roads

• steep drop-offs and slippery trails

• rugged terrain

• poorly maintained personal equipment

• wild animals

• flash floods

• lack of reliable communication service

• diseases caused by water, air, or animal vectors

• negligence of others at the Site

To the extent that my activities or those of my child or my legal ward may involve the use of outdoor equipment, rock climbing equipment, hand tools, and safety equipment, I acknowledge that there are certain inherent risks involved in such activities, which include (but are not limited to) risk of possible serious bodily injury or death.

Knowing that the above-described activity or activities at the Site may present certain risks and dangers to me or my child or my legal ward including A RISK OF SERIOUS BODILY HARM OR DEATH, I nevertheless permit myself or my child or my legal ward to engage in the above-described activity or activities at the Site. I voluntarily ASSUME THE RISK OF INJURY OR LOSS to myself or my child or legal ward created by the above-described conditions, hazards, and dangers at the Site.

With full knowledge of said conditions and hazards, I RELEASE, AND FOREVER DISCHARGE and AGREE TO INDEMNIFY AND HOLD HARMLESS the State of Hawaii and any and all of its officers, employees, and agents, and the Hawaii Climbing Coalition (HCC), from any and all claim(s), demand(s), or cause(s) of action on account of my or my child's or my legal ward's death or personal injury or on account of any injury to me or my child's or my legal ward's property which may occur from my or my child's or my legal ward's negligence or the negligence of others, hazards listed herein, or an unforeseeable event, during my or my child's or my legal ward's activity or activities at the Site described above.

In consideration for allowing me or my child or my legal ward to engage in the above-described activity or activities at the Site, I, for my heirs, beneficiaries, executors, and administrators, RELEASE, AND FOREVER DISCHARGE the State of Hawaii, and any and all of its officers, employees, and agents, acting in their official capacities, and HCC.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the above-described activities or else I agree to bear the costs of such injury or damage to myself or my child or my legal ward.

I shall assume the risk of any medical or physical condition that I may have whether I know of its existence or not.

I have read the above waiver and hereby release, indemnify, and discharge the State of Hawaii, its officers, employees, agents, and the HCC from any and all liability that may result from my or my child's or legal ward's above-described activity or activities at the Site.

By checking the "I Accept" box, you agree that you have read, understood and will abide by all statements set forth in this Assumption of Risk and Release of Liability form.

I Accept

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