Island and You
Facilitated by Ocean Journeys LLC
RELEASE OF LIABILITY AND
WAIVER OF CLAIMS AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. ALL PERSONS MUST READ AND SIGN THIS AGREEMENT BEFORE PARTICIPATION IN THE " ISLAND AND YOU" PROGRAMS. I, acknowledge that I have voluntarily applied to participate in the Island and You program. I . I hereby certify that I am in good health and that I am physically, emotionally and mentally capable of taking part in activities of the "Island
and You" program. I understand these activities may involve physical and non-physical exertion, which will include exposure to changing weather conditions, close interaction with mountain creature, and unforeseen challenges. I understand that this program is not recognized by traditional medical associations as "therapeutic" and neither "Island and You" nor the facilitator, have made any unsubstantiated medical claims or representations of cures. 2. I am aware of and I will obey the laws that there are prohibiting areas at trail and or mountain. I am personally responsible for obeying all such laws and avoiding any harassment of trees and for avoiding any acts that would damage the plants/animals or otherwise degrade the nature
environment. 3. I acknowledge and agree that the "Island and You" program can be terminated at the discretion of the facilitator of any reason. In such event, I will receive a prorated refund of the program fee. If I withdraw from the program for any reason whatsoever, no part of to program fee shall be
refunded and any unpaid portion thereof shall become due and payable immediately. 4. I acknowledge and agree that all material used during the program is and shall remain the sole property of "Island and You" exclusively for its own use, and that my retention, publication, dissemination or use (other than within the program) of such material is prohibited without prior
written authorization. 5. In consideration of my participation in the "Island and You" program, I do hereby waive, re-lease and discharge `Island and You" and their agents, owners, employees, and as for any and all losses of property, personal injuries, damages and claims, or injuries resulting in death, due to any negligence on my part while taking part in the "Island and You" program. 6. I acknowledge that agreement if to bind me, my heirs, my estate, as legal guardians and personal representative. I agree that this release and waiver agreement is intended to be as broad and inclusive as permitted by the laws of State of Hawaii and that if any part of this agreement is held to be invalid, I agree that the rest shall continue to have full legal force and affect. 7. I agree and give permission to Ocean Journeys LLC dba Island and You in the event that photographs taken of myself during activity may be used for the purpose of advertisement or promotional materials used and produced by Ocean Journeys dba Island & You and their agents. 8.1 understand that Island and You's program is subject to change at point during the tour depending on the weather, mountain conditions, and the nature conditions. I further state that I am of lawful age and legally competent to sign this release and waiver, or that my parents or guardians' signature is included below.
I understand that the terms herein are contractual and not a mere recital and that I have signed this document of my own free will. THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS. |