Skateboarding is the act of riding and performing tricks using a skateboard. A person who skateboards is most often referred to as a skateboarder, or just skater. Vert skateboarding is a term used to refer to riding a skateboard on a vertical ramp. Many people use vert ramps in trick skateboarding as well as vert skateboarding. As a result of the "vert" skating movement, skate parks had to contend with high-liability costs that led to many park closures. In response, vert skaters started making their own ramps. Now such ramps are manufactured commercially.
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
The Hawaii Skater and Skateboarder Assumption of Risk, Waiver and Release is a legal document that outlines the inherent risks associated with participating in skater and skateboarder activities in Hawaii. It is designed to protect skate parks and organizers from potential liability in case of accidents or injuries incurred during these activities. This comprehensive waiver and release form acknowledges that skaters and skateboarders are aware of the potential dangers involved in these sports, and willingly assume all risks and responsibilities when participating. By signing this document, individuals waive their right to hold skate parks, event organizers, employees, trainers, and volunteers liable for any injuries, damages, or accidents that may occur. The Hawaii Skater and Skateboarder Assumption of Risk, Waiver and Release typically covers various aspects related to the activity, including but not limited to: 1. Physical Risks: This section references the inherent dangers associated with skateboarding and skating, such as falling, collision with equipment, rough surfaces, or other participants. 2. Equipment Responsibility: This part outlines the skater's responsibility for bringing and maintaining their own equipment, emphasizing the need to ensure it is safe, functional, and appropriate for the activity. 3. Training and Instruction: If skaters or skateboarders are participating in an organized event that includes training or instruction, this section states that they acknowledge the importance of following instructions and guidelines provided by qualified professionals. 4. Medical Condition Disclosure: Skaters and skateboarders may be required to disclose any pre-existing medical conditions, allergies, or physical limitations that could affect their ability to safely participate in the activity. 5. Consent for Medical Treatment: This clause grants permission for immediate or emergency medical treatment if necessary, authorizing the skate park or event organizers to seek medical assistance on behalf of the participant. Different variations or types of Hawaii Skater and Skateboarder Assumption of Risk, Waiver and Release may exist depending on the specific requirements of the skate park or event organizers. These variations may include additional clauses tailored to address specific concerns, such as: — Minors' participation: If the waiver is being signed on behalf of a minor, a subsection may be included to acknowledge parental or guardian consent and imply that they took responsibility for reviewing and understanding the risks involved. — Release of image and likeness: Some waivers may include a clause allowing the skate park or event organizers to use participants' images or likeness for promotional purposes. It is essential for skaters and skateboarders to carefully read and understand the waivers they sign, ensuring that they are aware of the risks they are assuming and the rights they are waiving. Seeking legal counsel or advice may be beneficial when reviewing and understanding the implications of signing such documents.
