All participants in the packages, transportation, tours and activities (‘Experiences”) offered by Hawaii Pacific Adventures LLC must understand and acknowledge that the travel to and from and activities that take place on these Experiences are not without risk. As a participant in HPA’s Experiences, I understand that I understand that the purpose of signing this document is to exempt and release Hawaii Pacific Adventures LLC, its owners, members, managers, operators, employees, agents and other personnel (hereinafter “HA” and to hold those entities harmless from any and all liability arising out of or related to HPA’s acts or omissions during the Experiences, including but not limited to negligence of any kind.

I understand that I am required to review and sign this Acknowledgement of Risk & Release of Liability (the “Release & Waiver”) before beginning the Experience. By agreeing to participate in these Experiences and by signing this Release & Waiver, you acknowledge that vou are aware of the risk of these Experiences as explained herein and agree to the terms as stated below, specifically the release of liability of HPA for any and all acts or omissions in connection with the Experiences.

It is important for each guest to be made aware in advance what to expect and to be informed of the inherent risks. The following describes many, but not all, of those risks:

1. Voluntary Participation

I understand and confirm that my participation in the Experiences is voluntary. I affirm that I am in good health and suffer from no physical or mental condition that would put me at a greater risk of injury or disability while participating in the Experiences.

2. Understanding The Risk

I affirm that I am competent and of suitable age to comprehend and accept all of the risks associated with my participation in the Experiences including, without limitation, injury or death resulting from:

• Dangers and risks inherent in travel or Experience(s) offered by HPA.
• Transportation failures whether by auto and foot or any other means, including any accident, collision, or fall and all potential injuries resulting therefrom.
• Risk of injury from any of the activities during the Experience(s), including the potential for permanent disability or death.
• Falling, causing broken bones, severe injury to the head, neck and back, which may result in severe impairment or even death.
• An “act of nature,” including but not limited to: rock fall, inclement weather, thunder and lightning, severe or varied wind, temperature and other weather risks, strong ocean currents, ocean swell, waves.
• Risks associated with climbing up or down rock, ropes, ladders, or hills.
• Our own negligence and/or the negligence of others or representatives of Hawaii Pacific Adventures LLC, including but not limited to operator error.
• Cold weather, cold water, and heat related injuries and illness including but not limited to frostbite, hypothermia, heat exhaustion, heat stroke, sunburn and dehydration.
• Attack by or encounter with insects, animals and/or wildlife.
• Accidents or illness occurring in remote places where there are no available medical facilities and rescue may be distant and time consuming at best.
• Fatigue chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
• Physical exertion for which I am not prepared.
• • Risks associated with travel in high altitude areas.
• Emotional trauma; disfigurement; temporary or permanent disability (including paralysis; death.
• Sense of balance, physical coordination and ability to follow instructions.
• Risks associated with consumption of alcohol which is prohibited by Hawaii Pacific Adventures; particularly the significantly elevated risks of accident, illness, injury, or death if under the influence of alcohol while engaging in any type of Adventure Activities.
• Risks associated with contaminated food, impure water, or consuming raw seafood.
• Criminal activity; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws, lost, or misplaced luggage or property; abnormal conditions or developments
• Or any other actions, omissions, or conditions outside of Hawaii Pacific Adventures LLC

I understand that HPA will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided. I understand the foregoing list of risks is not complete and that unknown and unanticipated risks may result in injury, illness or death.

3. Risk Assumption

I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Experiences. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Experiences.

4. Release of Liability & Limitation of Damages

I hereby forever and unconditionally release HPA and its affiliated entities, vendors, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectivelv Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Experiences including, without limitation, any and all Claims resulting from the negligence of the Released Entities. HPA’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities; provided, however, under no circumstance shall my damages in connection with my participation in the Experiences be greater than the amount of money paid to the Hawaii Pacific Adventures LLC in exchange for my participation in the Experiences. Recovery of such an amount shall be my sole and exclusive remedy, and I hereby acknowledge waiver of any and all claims to additional compensation or remuneration of any kind. All liability arising out of my participation in the Experiences Is cumulative and not per incident. In no event shall the Released Entities be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Released Entities have been informed of the possibility thereof.

5. Indemnification

I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Experiences.

6. Binding Effect

This Release & Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall insure to the benefit of HPA, its successors and assigns.

7. Consent to Medical Treatment Including First Aid or CPR

I authorize HPA, including any and all contracted vendors, to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Hawaii Pacific Adventures LLC to provide such assistance, transportation, or services.

8. Severability

If any provision of this Release & Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Release & Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

9. Promotional Release

I hereby grant to HPA, including any and all contracted vendors, the unrestricted right and permission to the use and copyright of photographic portraits, pictures, video footage and/or audio recordings of my participation in the Experiences, in which I may be included in any part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Hawaii Pacific Adventures LLC has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works*). I agree that Hawaii Pacific Adventures LLC is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works

I further grant to Hawaii Pacific Adventures LLC an irrevocable, royalty-free, worldwide license to use my name, and hometown in connection with the Material and the Works.

THIS IS AN ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY. BY AGREEING TO THE TERMS AND CONDITIONS ON THE CHECKOUT PAGE I AM ACKNOWLEDGING THAT I HAVE READ THIS ENTIRE DOCUMENT AND FULLY UNDERSTAND THE FOREGOING TERMS OF THIS RELEASE AND WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE EXPERIENCES, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, AND THAT I AM FREELY SIGNING THIS RELEASE AND WAIVER