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WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
<br /> IN CONSIDERATION of CONTINENTAL PACIFIC, LLC's agreement dated September
<br /> 10, 2003 to allow access onto its property at Pepeekeo (the "Property"), for fishing and shoreline
<br /> access purposes, the undersigned hereby agrees to release, indemnify, defend, and hold harmless,
<br /> CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, the PEPEEKEO
<br /> COMMUNTTY ASSOCIATION, the PEPEEKEO FISFIING ACCESS COMMITTEE, their
<br /> members, officers, agents and employees (collectively, the "Indemnified Parties"), from any and
<br /> all liability, losses, costs, damages and expenses, including attorneys' fees, arising out of or
<br /> resulting from any claim or cause of action by myself and also for those claims made by persons
<br /> who enter the Property with my permission (if they have not signed a separate waiver form). This
<br /> release and indemnity is made on behalf of myself, my guests, and my successors, heirs, personal
<br /> representatives, administrators, and assigns, for any personal injury, death or damage to property
<br /> arising out of our entry onto the Property owned by CONTINENTAL PACIFIC, LLC.
<br /> I understand that roadway, shoreline and trail conditions may be unpredictable, with
<br /> hazardous and hidden conditions, and that the Indemnified Parties do not have a legal duty to
<br /> maintain said areas on which I am given access. I acknowledge that my activity on the Property
<br /> may be a dangerous and risky activity and that I may be injured or killed as a result of my
<br /> participation in it. Knowing, understanding and fully appreciating all possible risks, I hereby
<br /> expressly, voluntarily, and willingly assume all risks and dangers associated with my entry onto
<br /> the Property. I also acknowledge that Chapter 520 of the Hawaii Revised Statutes which limits
<br /> liability for landowners who allow recreational access, applies to this agreement.
<br /> 1 have read this waiver and release and understand the terms used in it and their legal
<br /> significance. If there are any reservations regarding the legal importance of this document, I will
<br /> not sign it and will not use the Property until I have had the opportunity to consult with legal
<br /> counsel. My signature on this document is intended to bind not only myself, but also my
<br /> successors, heirs, personal representatives, administrators, and assigns. I also acknowledge receipt
<br /> of a copy of the Fishing Access Rules and agree to abide by them, subject to termination of fishing
<br /> and shoreline access for violation of these Rules.
<br /> Date:
<br /> Print Name Address
<br /> Signature Phone Number
<br /> Vehicle Type & License No. Other Vehicle Type& License
<br />
<br /> Witness
<br /> Copy for Fishing Access Committee
<br /> Comm. No. a
<br /> Ref. To:Yreseutw dyt,Mi
<br /> F, d=:. x..16 2nn5
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