Participant Agreement, Assumption of Risk, and Liability Waiver
Last updated: 2025-09-03 · Version v1.0
Please read this Participant Agreement, Assumption of Risk, and Liability Waiver (the “Agreement”) carefully. By booking or participating in any activity, tour, or event offered by Waipiʻo Cultural Experience (the “Company”), you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1. Activities and Inherent Risks
The activities may include walking or hiking on uneven terrain, exposure to changing weather, natural features including cliffs, streams, rocks, vegetation, mud, and wildlife, travel by vehicle over rural roads, and other outdoor hazards. You understand these activities involve inherent risks, including risk of personal injury, illness (including from exposure to allergens or infectious disease), property damage, or death.
2. Assumption of Risk
You voluntarily choose to participate and expressly assume all risks, whether known or unknown, inherent or otherwise, associated with the activities, including those arising from the negligence of the Company or its guides, contractors, or representatives, to the fullest extent permitted by law.
3. Release of Liability; Indemnification
To the maximum extent permitted by Hawaiʻi law, you, on behalf of yourself, your heirs, executors, and assigns, hereby release, waive, discharge, and agree not to sue the Company, its owners, officers, employees, contractors, agents, and landowners (collectively, “Released Parties”) from any and all claims, demands, losses, costs, or causes of action arising out of or related to your participation, including claims based on the negligence of any Released Party. You further agree to indemnify, defend, and hold harmless the Released Parties from any liability, claims, damages, or costs (including reasonable attorneys’ fees) resulting from your acts or omissions or violation of this Agreement.
4. Participant Responsibilities; Health
- You certify that you are physically and mentally able to participate and have no medical condition that would endanger yourself or others.
- You agree to follow all instructions from guides, respect cultural protocols, and comply with applicable laws and safety rules at all times.
- If you have allergies or medical conditions (including mobility limitations), you agree to inform the Company in advance and carry necessary medications or equipment.
5. Emergencies; Medical Consent
In the event of an emergency, you authorize the Company and its guides to obtain medical treatment for you and you agree to be responsible for all associated costs. You understand that remote locations may delay medical response.
6. Minors
If you are the parent or legal guardian of a minor participant, you accept this Agreement on the minor’s behalf and agree to release and indemnify the Released Parties for any claims brought on the minor’s behalf to the fullest extent permitted by law.
7. Personal Property
You are responsible for your personal belongings. The Company is not responsible for loss, theft, or damage to personal property brought to the activity.
8. Photography and Media
You grant the Company a non‑exclusive, royalty‑free license to use photos or videos taken during the activity that may include your image for promotional purposes, unless you opt out by notifying us in writing prior to the activity.
9. Weather, Conditions, and Itinerary Changes
Activities may be rescheduled, rerouted, or canceled for safety, weather, cultural protocols, or access reasons. The Company reserves the right to make reasonable changes to ensure safety and cultural integrity. See the Cancellation Policy for refunds and rescheduling terms.
10. Governing Law; Venue
This Agreement is governed by the laws of the State of Hawaiʻi. Any dispute shall be brought in the state or federal courts located in Hawaiʻi County, Hawaiʻi, and the parties consent to such jurisdiction and venue.
11. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
12. Acknowledgment and Signature
You acknowledge that you have read and understood this Agreement, had an opportunity to ask questions, and agree to be bound by it. You will sign this Agreement electronically during checkout and again in person if requested.
This template is provided for general informational purposes and does not constitute legal advice. Consult qualified counsel to tailor the waiver for your business.
