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KIPU RANCH ADVENTURES

Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

This is a legally binding contract. Read it carefully. 

A parent/legal guardian must sign for minors under 18 years of age.

Today's Date: May 5, 2025

I hereby RELEASE AND DISCHARGE Kipu Ranch Adventures, LLC, their guides, agents, and employees, and William Hyde Rice, Limited, Hawaii corporation, from any and all liability, claims, demands, or causes of action that I may have for injuries or damages arising out of my participation in four-wheel all-terrain vehicles, guided tours, by Kipu Ranch Adventures, LLC. I understand that this release of liability applies to any accident or occurrence of any kind which could occur as a result of using or riding on equipment or vehicles furnished by Kipu Ranch Adventures, LLC, whether or not Kipu Ranch Adventures LLC, including its agents and employees are negligent.


Helmet Use Waiver: I hereby attest that I am a competent adult and am aware of the risks of head injury during the Services and Activities provided by Kipu Ranch, including but not limited to ATV, UTV, and SXS excursions, and of the physical and mental incapacity that can result from head injuries, including a significantly increased risk of death and physical and mental injury (minor and major). I have been advised that wearing a helmet provided by Kipu Ranch while engaged in the Services and Activities can significantly reduce my risk of, and the severity of, head injuries suffered in an accident while participating in ATV, UTV and/or SXS excursions and other Adventure Activities. Notwithstanding this knowledge and the specific advice to wear a protective helmet while engaging in activities through Kipu Ranch, should I opt out of wearing a helmet, I expressly, consciously and voluntarily choose not to wear such a helmet made available to me by Kipu Ranch for ATV, UTV, and/or SXS activities. I hereby ASSUME ALL RISK OF THIS DECISION NOT TO WEAR A HELMET and further waive any claims against Kipu Ranch arising out of this decision. 


I further acknowledge that full disclosure of all inherent risks associated with this guided tour have been disclosed to me. I hereby knowingly and willingly ASSUME ALL RISKS associated with this recreational activity.

I further declare that I am physically able to participate in this activity, and that I am voluntarily assuming all risks, including but not limited to equipment failure, or my inability to properly control any equipment furnished to me.

I understand and acknowledge that four-wheel all-terrain vehicle, or activities, have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate, and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY OR HARM WHILE PARTICIPATING IN THIS RECREATIONAL ACTIVITY.

I further agree that I WILL NOT SUE OR MAKE A CLAIM FOR NEGLIGENCE AGAINST KIPU RANCH ADVENTURES, LLC, OR WILLIAM HYDE RICE, LIMITED, FOR DAMAGES OR OTHER LOSSES SUSTAINED AS A RESULT OF MY PARTICIPATION IN THIS RECREATIONAL ACTIVITY. I further agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgement, and costs, including attorney's fees, incurred in connection with any action for negligence brought as a result of my participation in this recreational activity.

I hereby consent to and authorize the use and reproduction in print or electronic format by Kipu Ranch Adventures, or anyone authorized by Kipu Ranch Adv., of any and all photographs, which have been taken on this day, for public purpose, without compensation. All images, electronic, negatives and positives, together with the prints, are owned by Kipu Ranch Adventures.

I further agree that I will only use the equipment in areas designated by Kipu Ranch Adventures, LLC, and in the manner specified by them. I further acknowledge that failure to properly obey and follow the company's safety instructions or to remain on the designated trail route will be grounds to terminate my tour with no refund.


Furthermore, I acknowledge that I am strictly responsible for any damage that I inflict upon the four-wheel allterrain vehicle assigned to me, or any other equipment damaged by me, and agree to be responsible for any such damage caused by me.


I have read this agreement and release of liability, understand its contents, and freely sign of my own free will.

Dated this day of May 5, 2025.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Drivers Only: Driver's License Number and Issuing State

If you will be driving, please include your Driver's License Number and Issuing State. Drivers MUST be at least 18 years of age to operate vehicles and MUST provide a valid Driver's License at check-in. NOTE TO DRIVERS: Please bring your valid driver's license to check in.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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