Terms of Service
Release and Waiver of Liability
LuuLive attempts to provide divers, freedivers, scuba divers, spearfishers, underwater photographers and other ocean activity participants with information about ocean conditions to forecast, predict or make certain assumptions about the current conditions at various locations around the islands. Lu'u hopes to be accurate and current with its data and information. However, its observations, data, forecasts, photos, and/or reports cannot and should not be used, relied on or expected to be a full, complete or accurate substitute for common sense, your own personal assessment or that of other more qualified persons—such as trained dive masters, boat captains, and the like.
Lu'u specifically advises all users of its website, products, services, forecasts, information, data and/or reports to do your own due diligence, exercise your own independent judgment, research the ocean conditions, and check with other sources, before engaging in any underwater or ocean swimming activities. The waters surrounding the Hawaiian islands are notoriously turbulent, unforgiving and powerful. The currents and conditions are constantly changing. Please check with other ocean activity participants and do your own independent investigation. Lu'u's information may be inaccurate, incomplete, late, irrelevant, obsolete, or misleading. You assume all risks and responsibilities when using any Lu'u services, products, data, information or reports.
Lu'u cannot, will not, and does not accept any responsibility for losses, injuries, damages and/or death that may occur by an ocean activity participant while engaging in an inherently dangerous activity—such as those outlined above. Lu'u hopes to provide information and data about visibility to ocean participants, but it does NOT provide any assurances as to SAFETY of ocean conditions, currents and waves or how information that it publishes, distributes or reports on its website, phone-line, or service offering correlates to SAFE ocean conditions.
This Release is written to inform all persons that LuuLive, LLC, ("Lu'u), its members, managers and consultants disclaim liability for any incidents, accidents, injuries or damages incurred or arising from activities undertaken by independent contractors with whom Luu does business. It is a release and waiver of liability. Please read it carefully and only sign it if you understand and agree.
Lu'uLive LLC (Lu'u) is a development stage company that hopes to provide ocean forecasting to interested parties. Lu'u has no employees, no revenues, no insurance and minimal assets.
In connection with its effort to provide updated and accurate forecasting information, Lu'u may seek data from divers, snorkelers, fishermen, surfers, photographers and other ocean participants. Some of those persons may provide Lu'u with observations, data, reports, readings, photos, videos, or other information. Lu'u may review, analyze, share, use, publish and/or distribute the information, videos, and/or photos procured by others, in developing its forecast and information products. Lu'u and these independent contractors are NOT in an employer/employee relationship.
Lu'u does not intend to enter into a permanent or long-term arrangement with service providers at this time as it is an early-stage company working toward developing a commercial business. Lu'u does not control any independent contractors' schedule, duties, assignments or projects. Lu'u does not offer any promises, commitments or compensation other than paying an agreed-upon fee for video, observational data and condition reports that independent contractors create and/or voluntarily share with Lu'u.
Any person who willingly shares information, data, photographs, videos, reports and/or observations with Lu'u recognizes, understands, acknowledges and accepts that Lu'u has no responsibility for independently verifying the information that it obtained, received and/or distributed.
Any person who provides, uses, relies upon, shares and/or distributes such data or observational reports to Lu'u acknowledge that Lu'u has no responsibility to the provider, or to any third-party who may use it.
By using this website, I hereby affirm that I have been thoroughly informed of the risk involved with any freediving/diving activity.
I specifically understand that freediving and related activities are inherently dangerous and involves inherent risks, both known and unknown, including but not limited to hypoxia, latent hypoxia (sometimes referred to as "shallow water blackout"), drowning, pressure related (hyperbaric) accidents, injuries or even death.
I understand and agree that neither Lu'uLive LLC nor Matthew Feeley (as an individual or corporate member or manager), officer, agent and employee (hereinafter "Released Parties") will be held liable or responsible by me in any way for any injury, death, or other damages to myself, my family, heirs or assigns that may occur directly or indirectly as a result of my participation in diving, collecting data, taking videos or photos, streaming or reporting condition updates, whether caused by the negligence of the Released Parties or otherwise.
I also release and authorize the use of my photography or videography taken by me for me or of myself for use in any reports, updates, promotional materials, commercial applications, or the like.
I am aware of the prerequisite skill level and/or equivalent diving experience necessary to participate in free diving, scuba, underwater photography, or data observations, and I stipulate that I meet these requirements.
I AM VOLUNTARILY WAIVING ALL OF MY LEGAL RIGHTS TO SUE THE RELEASED PARTIES FOR ANYTHING RELATED TO THEIR ALLEGED NEGLIGENCE IN CONJUNCTION WITH A LUU WEBSITE, REPORT OR PHONE LINE OFFERED TO OR FOR FREEDIVING AND RELATED ACTIVITIES.
It is my intention to exempt and release LU'U, its members, managers, employees, and consultants from all liability whatsoever for personal injury, property damage or wrongful death to me, however caused, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER ACTIVE OR PASSIVE.