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ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY,
WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
Unique Hawaii Experience, LLC, DBA UNIQUE MAUI TOURS

Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated hereafter.

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the activities of hiking/swimming/sightseeing and transportation in which I am about to engage. I acknowledge that the enjoyment and excitement of the proposed form of tour or event is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.

Inherent hazards and risks include but are not limited to:

  1. Risk of injury including the potential for broken bones, injuries to the head, neck, back, drowning, cuts, bruises, or other bodily injuries that my result in permanent disability or death.
  2. Risk of impact or collision of tour vehicle with other motor vehicles, pedestrians, cyclists, rocks, trees, and cliffs.
  3. Variations in terrain and obstacles including but not limited to: trees and plants, rocks, uneven pavement or stairways, slippery terrain and rocks, unpaved and/or steep paths, gangways, roads with motor vehicle traffic, stairways and driveways.
  4. Dangers associated with exposure to natural elements including but not limited to: tsunami, hurricane, rain, fog, severe and/or varied wind, high or low temperatures, flash floods, waves, currents, shore break, tides, wildlife, sand, other persons, and other natural and man-made hazards.
  5. My own negligence and/or the negligence of others, including but not limited to operator error and instructor/guide decision-making including misjudging weather conditions, ocean or stream conditions, equipment or obstacles.
  6. Tour may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, swimming, or walking for a longer period than I am used to.
  7. Exposure to the elements, activities, and transportation may result in physical exertion, exhaustion, heat exhaustion, heat stroke, sunburn, dehydration, and motion sickness.

*I understand the description of these risks is not complete and unknown or unanticipated risks may result in property damage or loss, injury, illness, or death.

I agree at all times during the tour, to abide by and comply with any instructions given by my tour guide or any other staff member, and I accept that non-compliance or non-disclosure of existing condition may result in property damage or loss, injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour, and that the guide reserves the right to end a tour at anytime if s/he estimates behavior or environmental conditions might be dangerous. As a participant on the tour or event, I knowingly and willfully accept these risks, and I accept full responsibility for my behavior, well being, and health throughout the tour.

I Agree

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees UNIQUE HAWAII EXPERIENCE LLC DBA UNIQUE MAUI TOURS
    I agree to release the releasees, their officers, directors, employees, representatives, agents, and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
  2. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
  3. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
    I Agree

Media Release

I do hereby give UNIQUE HAWAII EXPERIENCE LLC, their assigns, licenses, and legal representatives the irrevocable right to use my name [or any fictional name], picture, portrait, photograph, image, or voice in all forms and media and in all manners, including composite or purpose, and I waive any right to inspect or approve the finished product, including written copy, that may be created in connection therewith. I also agree that this releases UNIQUE HAWAII EXPERIENCE LLC and any and all of its representatives from any and all monetary obligations or payments to me or any or all of my authorized representatives for use of video, films, photographs, image and/or voice of myself. I am of full legal age. 


This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AGREEMENT, AND MEDIA RELEASE, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Date Signed: July 7, 2024

First Participant Name

First Name*

Last Name*

Phone*
First Participant Date of Birth*
First Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
First Participant Signature*
Second Participant Name

First Name*

Last Name*
Second Participant Date of Birth*
Second Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Third Participant Name

First Name*

Last Name*
Third Participant Date of Birth*
Third Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Fourth Participant Name

First Name*

Last Name*
Fourth Participant Date of Birth*
Fourth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Fifth Participant Name

First Name*

Last Name*
Fifth Participant Date of Birth*
Fifth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Sixth Participant Name

First Name*

Last Name*
Sixth Participant Date of Birth*
Sixth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Seventh Participant Name

First Name*

Last Name*
Seventh Participant Date of Birth*
Seventh Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Eighth Participant Name

First Name*

Last Name*
Eighth Participant Date of Birth*
Eighth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Ninth Participant Name

First Name*

Last Name*
Ninth Participant Date of Birth*
Ninth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Tenth Participant Name

First Name*

Last Name*
Tenth Participant Date of Birth*
Tenth Participant Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Parent or Guardian Email Address

Email*

Confirm Email*
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Legal Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin. If Participant is a Minor, they on my behalf, release all claims that both they and I have.


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 Name

First Name*

Last Name*

Phone*
Parent or Guardian Date of Birth*
Parent or Guardian Information

List any known medical conditions/limitations (i.e. knee surgery, heart condition, diabetes, asthma, etc.) or allergies to plants, foods, or animals (i.e. bees, cat, peanuts, etc.)
Parent or Guardian 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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