ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION AGREEMENT / WAIVER
I/We, the undersigned, hereby declare and acknowledge that I/We know and recognize there are risks and dangers involved in using, riding at, and participating in contests at the Waiale’e Off Road Motorcycle Facility, and I/We know and /or have been advised of the physical composition of the above-described real property and fully acknowledge that my / our willingness to assume all risks incident to such use and participation without liability, in manner whatsoever, on the part of the Hawaii Motorsports Association, the owners and lessee of the land on which said Association’s events are held, or any and all of the sponsoring clubs and their members.
I/We, therefore, declare that I/We assume all risks incident to the entry and use of said real property and participation in the activities, events and contests sponsored or participated in by the Hawaii Motorsports Association and I/We hereby release, acquit and forever discharge the Hawaii Motorsports Association, the owners and lessee of said property, their officers, agents, employees or representatives and all other sponsoring clubs and their members from any liability, claim demands, action or right of action for death, personal injury or damage to personal property, however caused. I/We may have, or which may accrue in favor of me / us heirs, executors, administrators and representatives, or any of them, in any way growing out of or resulting from or arising in connection with my/ our presence, on or in said real property or while participating in any activity, event or contest sponsored or participated by the Hawaii Motorsports Association.
I/We further release, acquit and forever discharge the Hawaii Motorsports Association, Inc., the State of Hawaii, the United States Government, their officers, agents, employees, representatives and all other individuals who might be using said property from any claim or right of action unless it can be established that such claim or right of action resulted from gross negligence, intoxication or willful misconduct.
To the extent permitted by law, I/We hereby waive any and all claims or rights of action that may accrue to any minor child or children that I/We either bring upon said real property or allow to go upon said property or allowed to participate in any activity \, event or contest sponsored or participated in by the Hawaii Motorsports Association. I/We further agree to protect the Hawaii Motorsports Association and the owners of said real property against any actions, claims or demands by said minor child or children, or by any other person or persons on account of charges of any participated in by the Hawaii Motorsports Association, and I/We also agree to reimburse and make good to the Hawaii Motorsports Association and said owners any loss, damages or cost they may have to pay as a result of any such action, claim or demand.
I/We further agree to hold the Hawaii Motorsports Association and the owners and lessee of said property free from all liability or loss by reason of injury to any person or property, from whatsoever cause if said claims arise out of my/our activities or neglect while in or on said real property, or in any way connected with said property, or while participating in any activity, event or contest sponsored or participated in by the Hawaii Motorsports Association, including any liability for injury to my / our person(s) and / or property. I/We hereby covenant and agree to and shall indemnify the Hawaii Motorsports Association and the owners of said real property and save them harmless from any and all liability, loss, cost or obligation on account of, or arising out of any such injury or losses however occurring.
I/We further agree to hereby abide by all HMA rules and regulations set forth by HMA and HMA officials including all signage throughout the park.
PARK RULES AND REGULATIONS
1) Speed limit on the fire roads for all vehicles and motorcycles is 8mph.
2) KAHUKU IS NOT A DUMP. Pack in, Pack out. Your parked area must be clean. Discard all rubbish in bins.
3) Four-wheeling, golf carts, go carts, pocket bikes, bicycles, pedal assist e-bikes (or vehicles of such nature) are prohibited in the park.
4) For safety, while riding on the designated fire roads and trails, all riders must stay to their right.
5) Open fires and fireworks of any kind are prohibited in the park.
6) Firearms, paintball guns, air soft guns, pellet guns, bow and arrows, etc. and activities of such nature are prohibited in the park.
7) Drones of any type, remote-controlled helicopters, planes, or devices of such nature that can be airborne are prohibited in the park.
8) Safety gear must always be worn when riding in the park, such as helmet, long sleeve shirt, long pants, riding boots, goggles and gloves are minimum requirements. Regardless if you are a passenger or a rider, safety gear must be worn.
9) In riding in the park, ride with 2 or more people. Also inform others where you will be riding and what time to be expected back. Remember to pack a cell phone for emergencies. Note: Not all cell phones have service at the park.
10) Park marshals have the authority to enforce the park rules and if need to, escort violators from the park, request for local law enforcement assistance, and/or initiate penalties and/or fines.
11) Riders, family and/or friends who directly foul and use abusive language to a park marshal/official is subject to be escorted from the park which may include local law enforcement assistance, penalties and fines.
12) The HMA does not test the skill of individual motorcycle riders that are members of HMA or otherwise. Riders are responsible of their own safety and the safety of others.
13) Motor vehicle mishaps can result in injury or death. Motor vehicles should never be used by minors without parental consent or supervision. HMA does not test the skill of individual riders in HMA sanctioned, standard events or otherwise, nor does the HMA license amateur competitors or judge rider competence. Riders are solely responsible for their own safety and the safety of others.
14) HMA does not set engineering and design standards or inspect fire roads.
15) The rider must always be large and mature enough to control his/her machine and ride it safely. Children must ride in the company of their parent(s)/guardian(s).
16) All who enter the park must abide by all HMA rules and regulations including signage throughout the park.
17) Park opens at 8:00am on regular riding days. On some race events, park may open at 6:30am, however there will be no riding before 8:00am.
18) Park closes promptly at 6:00p.m. (Therefore, riding must cease by 5:30p.m. and 5:00p.m. during winter hours)
19) Failure to follow the rules will be result in the following and will be logged into your account: 1st verbal warning, 2nd written warning, 3rd temporary ban, permanent ban and/or revoked membership at the sole discretion of HMA. Any violent/physical incidents and/or extreme safety violations will result in permanent ban