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 AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully.

It releases HAWAII ZIPLINE TOURS LLC from liability and waives certain rights.

In consideration of being permitted to participate in an outdoor recreation experience provided by HAWAII ZIPLINE TOURS LLC, d/b/a Hawaii Hiking Tours (“Hawaii Zipline Tours”) I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement): 

1. Acknowledgement of Dangers and Risks Inherent to the Activity: I understand, acknowledge, and agree that participating in a recreation experience in an outdoor environment, which experience may include zipline tours, hiking tours, swimming in natural water bodies, and related transportation (hereinafter the “Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by Hawaii Zipline Tours, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following list of dangers and risks that could cause physical or emotional injury or death is not exhaustive, the listed risks are all inherent to the Activity, and are disclosed to me pursuant to and in compliance with Hawaii Revised Statutes Section 663-1.54: exposure to heights; exposure to falls; dizziness and/or vertigo; striking or otherwise coming into injurious contact with manmade or natural objects or obstacles; injurious contact with landing areas; collisions with trees; collisions with other participants; equipment malfunction or failure; loose rock or other unstable terrain; falling rock or other manmade or natural objects; dangerous climbing conditions or surfaces; unsafe speed of travel for conditions or experience; variations in terrain; pinching or tearing of limbs and digits; injury to hands and fingers; rope or webbing burns; rashes and abrasions from harnesses and helmets; severed rope or webbing due to falling objects or malfunction; lack of shelter; falling from great height; errors in guide judgment and/or lapse in guide skill; slipping, tripping, or falling; trail obstructions and other unmarked or obscured hazards in the outdoor environment; variations in terrain; rough or unmaintained trail; wet or slippery trails; exposure to steep terrain; trail and ledge side drop-offs; erosive cliff edges; difficulty with route finding; falling into unfamiliar water with submerged hazards; water immersion, including drowning; foot entrapment; bank or cliff collapse; injurious contact with natural and manmade objects; striking and/or becoming entangled with vegetation, rocks, or other objects under, near, or above the surface of the water; injury resulting from jumping from heights; lacerations due to injurious contact with sharp vegetation, rocks, or other sharp objects in the water; injury caused by inadequate footwear; injuries caused by aiding other participants; all commonly understood risks of riding in a vehicle; risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; errors in driver judgement and/or lapse in driver skill; exposure to dangerous wildlife and insects; bee or wasp stings; tick or mosquito bites; exposure to potentially poisonous plants; falling trees; flash flood; temperature fluctuations; extreme or partial darkness; wind; fog; rain; sleet; hail; storms and lightning; tsunamis; landslides; earthquakes; rock-fall; mudslides; wildfire; exposure to allergens, including food allergens; mental or physical shock; burns or burning associated with hot surfaces and sun exposure; the discharge of weapons in the area of Activity; mentally or physically unstable or criminal trip participants; intoxicated trip participants; negligence by trip participants; all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal injury, sickness or disease; fatigue; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19 and its variants); exacerbation of Participant’s own health condition(s); sunburn, heatstroke, dehydration, hyponatremia; getting lost; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that Hawaii Zipline Tours has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity. 

2. Acknowledgement of Limitations of Equipment: I acknowledge and agree that any and all equipment provided by Hawaii Zipline Tours may malfunction, fail, not fit properly, or otherwise not function as intended. I agree that if I do not understand how to use/operate the equipment utilized for the Activity, I will request instruction. I acknowledge and agree that a) Hawaii Zipline Tours explicitly requires that I wear a helmet and harness during zipline tours; and b) although equipment may be provided, this equipment is no guarantee of my safety, and such equipment may not protect me from all injuries, including the types of injuries the equipment was designed to prevent.

3. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and I freely choose to accept the inherent risks of participating in the Activity. I recognize that death, physical, mental, or emotional injury, and property damage or loss, are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those inherent risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical, mental, or emotional injury, or death and/or property damage or loss.

4. Participant’s Responsibilities and Representations: I represent that I am not pregnant and that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all guide instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Hawaii Zipline Tours the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I agree that I will not make any adjustments to my equipment and that all adjustments will be made only by or with the assistance of a guide. I agree that I will not intentionally flip myself over or invert myself while on the zipline and will hold on with one hand at all times. I agree to stay on designated pathways. I agree that Hawaii Zipline Tours reserves the right to remove Participant from engaging in the Activity if it deems, in its sole discretion, that such removal is appropriate and necessary. I understand that I am responsible for notifying Hawaii Zipline Tours of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by Hawaii Zipline Tours, including in any website or promotional materials, to induce me to go on any adventure activity.

5. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Hawaii Zipline Tours’ agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE HAWAII ZIPLINE TOURS LLC, D/B/A HAWAII HIKING TOURS, its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, managers, shareholders, and private landowners RICHARD E. ALDERSON INTER VIVOS TRUST, JOHN K. SMITH, and PAMELA G. SMITH, (each hereinafter a “Released Party”) for any property damage or loss (including but not limited to equipment damage or loss), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity and the inherent risks of the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage or loss to property arising from Participant’s participation in the Activity and the inherent risks of the Activity, including, but not limited to those claims based on breach of any contract and/or express or implied warranty but not gross negligence or intentional conduct. 

6. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned Participant will be required to pay back to the Released Party all sums of money incurred by or paid by or on behalf of any of the Released Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.

7. Medical Authorization, Release, and Indemnification: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall release and hold the Released Party harmless from any claims associated with such medical care and/or related transportation.

8. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity and sign this document out of a desire to have the Participant be allowed to participate in the Activity. I represent that I am a legal parent or guardian of the minor Participant.

9. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.

10. Agreement to Application of Hawaii Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Hawaii law, and that the exclusive jurisdiction for any claim shall be in Hawaii County, Hawaii, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis. 

11. Miscellaneous Provisions: I agree that Hawaii Zipline Tours may utilize my photograph or video of me participating in the Activity for any purpose, and that any such image is the property of Hawaii Zipline Tours. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement may be modified only in writing. An electronic signature or acknowledgment of Agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that Hawaii Zipline Tours is not a common carrier.

I HAVE CAREFULLY READ THE FOREGOING TWO PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

Date: July 12, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Date of Birth*
First Participant's Information

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Third Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Fourth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Fifth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Sixth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Seventh Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Eighth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Ninth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Tenth Participant's Name

First Name*

Middle Name

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

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
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(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*

Middle Name

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

WEIGHT:
ARE YOU PREGNANT (check one)?*
No
Yes
N/A

DO YOU HAVE ANY BACK/KNEE/ANKLE/JOINT OR OTHER MEDICAL CONDITIONS WE SHOULD BE AWARE OF (including recent surgeries or injuries) - IF SO WHAT ARE THEY?
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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