I, the undersigned participant, hereby acknowledge and agree to the following terms and conditions in consideration of being permitted to participate in the Maui Adventure Tour on East Maui:
Assumption of Risks: I understand and acknowledge that participating in the Maui Adventure Tour involves inherent risks, including but not limited to, risks associated with outdoor activities, transportation, hiking, and exposure to natural elements. I voluntarily assume all risks associated with my participation in the tour.
Physical Condition: I certify that I am physically fit and capable of participating in the tour. I acknowledge that it is my responsibility to inform the tour guide of any medical conditions, injuries, or other limitations that may affect my ability to safely participate in the tour.
Release of Liability: I hereby release, waive, discharge, and covenant not to sue Sam Peralta the tour guide, tour company, and their respective employees, agents, representatives, and affiliates (hereinafter referred to as "Released Parties"), from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me during the Hana Adventure Tour, whether caused by the negligence of the Released Parties or otherwise.
Indemnification: I agree to indemnify and hold harmless the Released Parties from any and all liabilities or claims made by third parties arising out of my participation in the Maui Adventure Tour.
Photography and Publicity: I grant permission to the tour guide and/or tour company to take photographs or videos of me during the tour for promotional and publicity purposes without compensation.
Governing Law: This liability waiver shall be governed by and construed in accordance with the laws of the state of Hawaii.
Severability: If any provision of this liability waiver is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
I HAVE READ THIS LIABILITY WAIVER FORM, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.