By booking a tour with Hali`a Tours and Transportation, I agree to release any, and all liability that comes with participating in any of the activities associated with this tour, and any activities contracted through a third-party vendor, while traveling with Hali`a Tours and Transportation. I also certify that I am physically capable for, and understand the posted company policies listed on the ʻDetails Pageʻ that coincide with, any activities that I have booked throughout the day and agree to report any medical conditions that may affect me. I also realize that while the crew of Hali`a Tours and Transportation does its best to insure safety during the operations, certain activities are inherently risky, especially those involving water, hiking or any other activities hired through outside Companies, Vendors, Partners, etc. and agree to abide by any safety regulations, policies, briefings, etc, as listed within, but not limited to this agreement. I agree to hold all said companies harmless in the event of my injury during participation in any and all activities; especially those listed above and those activities considered to have inherent risks. In addition, I agree to the following conditions:

1. Agreement to Follow Directions, Instructions, Safety Briefings, and any, and all laws or regulations: I agree to observe and obey all posted rules and warnings, as well as any oral or physical instructions or directions given by Hali`a Tours and Transportation employees, representatives or any other contracted employees or representatives associated with any activity, highlight, attraction, or store, as well as all law enforcement and emergency personnel.

2. Assumption of Risks and Release: I recognize that there are certain inherent risks associated with any activity I may choose to include in my tour including but not limited to swimming, hiking, walking, disembarking the vehicle, or riding in a moving vehicle, etc. In addition I assume full and complete responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Hali`a Tours and Transportation, their employees, or representatives and any other contracted employee or representative of any location or activity, for any injury, loss or damage arising out of use by myself or my family of or presence upon the any facilities utilized, whether caused by the fault of myself, my family, Hali`a Tours and Transportation, or any third party vendors or government agencies.

3. Indemnification: I fully indemnify and defend Hali`a Tours or Transportations’ and any third-party vendors against any, and all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, as well as any costs from any medical claims including but not limited transportation to and from a medical facility, or treatment for any injury that may result.

4. Fees: I agree to pay for all damages to the facilities or equipment of Hali`a Tours and Transportation or any third-party facility or equipment, because of, any negligent, reckless, or willful actions by me or my family.

5. Applicable Law: Any legal or equitable claim that may arise from participation in any activity shall be resolved under Hawai`i State Law.

6. Photographic Release: I agree and acknowledge that if I accept any photo package from Hali`a Tours and Transportation, that instead of monetary compensation for the photo package, any image, video or otherwise may be used for Advertisement purposed by Hali`a Tours and Transportation at their sole discretion.

7. No Duress: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge, that since this liability release is posted online, I have had the opportunity to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that since posted notice of this agreement is available on the Company’s website Hali`a Tours and Transportation is under no responsibility to offer a refund if I do not sign this form when I physically attend the tour, as it will be considered a breach of the cancelation policy.

8. Arm’s Length Agreement. This Agreement and each of its terms are the product of an arms’ length negotiation between the parties. In the event, any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

9. Enforceability. The invalidity of unenforceability of any provision or term of this Agreement, whether standing alone or as applied to an occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to thi9s Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

I HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO ABIDE BY THE TERMS. I FURTHER MORE UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS AND RECOGNIZE THE RISK INVOLVED IN ANY ACTIVITIES I DECIDE TO PARTAKE IN.