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PARTICIPATION WAIVER.

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”) IN CONSIDERATION of being permitted to participate in any way in any LavaKids Waikoloa Aquathlon and Keiki Dash activity (“Activity”) at any time during the current calendar year I, for myself, my personal representatives, assigns, heirs, and next of kin: 1. ACKNOWLEDGE, agree and represent that I understand the nature of LavaKids Waikoloa Aquathlon and Keiki Dash Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. 2. FULLY UNDERSTAND that: (a) of LavaKids Waikoloa Aquathlon and Keiki Dash ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity. 3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE LavaKids, Hawaii Sports Connection, Lavaman LCC, Waikoloa Land Company, Waikoloa Beach Resort, Hilton Waikoloa Village,its elected and appointed officials, officers and employees, its administrators, directors, agents, officers, members, volunteers, team members, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

LAVAMAN TRIATHLON AND WAIKOLOA BEACH RESORT RELEASE AND LIABILITY WAIVER

Participating in any triathlon athletic event may expose participants to inherent dangers and risks associated with outdoor activities and the natural environment; this includes training for and participating in the Lavaman Triathlon event which will include off-road running, biking and swimming competition to be held at Waikoloa Beach Resort on Sunday, April 7, 2024 (the “Event”).

I acknowledge that I am fully knowledgeable of my own physical limitations and I certify that I am physically fit, have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person. I hereby agree to indemnify, defend and hold harmless Lavaman LLC, Rocky Mountain race management, LLC, Waikoloa Land Company, Waikoloa Resort Association, Waikoloa Beach Association, Waikoloa Development Company, Transcontinental Development (Hawaii) Co., AtPac (Hawaii) Limited Partnership, Queens’ Market, LLC, and their partners, parent entities, members, shareholders, subsidiaries, and affiliates, and any officer, director, representative, employee and agent of any of them (collectively, the “Releasees”) from and against any and all claims, demands, actions, causes of action, liabilities, suits, costs and expenses (including reasonable attorney’s fees) which are related to, arise out of, or are in any way connected with my participation in the Event, including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, default, omission, illness, injury or death, during or as a result of participation in the Event. Without limiting the generality of the foregoing, I hereby release Releasees from any and all liability for my death, disability, personal injury, illness, property damage or property theft as a result of my participation in the Event. This Release and Waiver is binding upon my heirs, executors, administrators and assigns.

I understand that the Releasees will make no evaluation or recommendation with respect to whether I am sufficiently physically fit for this Event. I acknowledge that I have read this Release and Waiver and understand its contents.

Should participant be under 18 years of age, the undersigned parent and/or guardian does hereby represent that he/she is, in fact acting in such capacity and agrees to save, hold harmless and indemnify Releases from and against any claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with said minor’s participation in the Event, including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, illness, paralysis or death to said minor or by anyone on behalf of said minor, as a result of said minor’s participation in the above described activity.

 Agree to Terms and Conditions

Hilton Consent, Release and Medical Authorization

The undersigned parent/guardian of minor child registered on this platfom verified that the child is in good health and can participate in this event. In the unlikely event that my child is injured or sick, I hereby give my consent for all medical care prescribed by a licensed doctor of medicine as his/her parent or legal guardian.This care may be given under whatever conditions are necessary to preserve life, limb or well-being of my dependent.

The undersigned parent/guardian agrees to allow my child to participate in the LavaKids Waikoloa Aquathon and Keiki Dash on Saturday, April 6, 2024 and hereby releases and discharges forever, Hilton Worldwide, Inc., Global Resort Partners, DBA: Hilton Waikoloa Village, its owner and the forgoing entities’ officers, directors, partners, employees and agents from any and all claims, demands, judgments, damages, losses, costs and expenses, including reasonable attorney’s fees, because of any matter, incident or thing done, omitted or suffered to be done by any person, which may arise from or out of my child’sparticipation at the LavaKid Waikoloa Aquathon and Keiki Dash being held on the grounds of the HiltonWaikoloa Village, 425 Waikoloa Beach Drive, Waikoloa, HI on April 6, 2024.

Signed electronically.