Site Use, Refunds, Cancellations & Shipping

All participants in the packages, transportation, tours and activities (”Experiences”) offered by Hawaii Tours & Activities LLC or itʻs contracted vendors (the “HTA”) must understand and acknowledge that the activities that take place on these experiences, and by the act of travel itself, are not without risk. By purchasing this tour, you will be bound to the acknowledgement stated below. As a participant in many of our experiences provided by a contracted vendor, you will be presented with an assumption of risk document, which you will need to acknowledge receipt of before beginning the experience. That is a separate agreement to further protect the vendor providing the experience.  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:

Voluntary Participation 
I understand and confirm that my participation in the Experiences are voluntary. I am in good health and suer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Experiences.

Understanding The Risk
I fully 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 adventure activities that we offer on this site.
• Transportation failures whether by plane, auto, boat, kayak, stand-up paddle board, bicycle, snowshoe, by foot, or by any other means.
• Risk of injury from any of the activities included on this tour and equipment utilized is significant, 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.
• Risks associated with ocean crossings, sailing or snorkeling
• Possible equipment failure and/or malfunction of your own or others’ equipment.

• Our own negligence and/or the negligence of others, including employees, agents, suppliers, independent contractors or representatives of Hawaii Tours & Activities LLC, including but not limited to operator error.
• Cold weather, cold water, and heat related injuries and illness including but not limited to frost bite, 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 distance 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.
• Your sense of balance, physical coordination and ability to follow instructions.
• Risks associated with consumption of alcohol, 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 Tours & Activities LLC or their contract vendorʻs control. You understand that HTA will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided. *You understand the description of these risks is not complete and that unknown and unanticipated risks may result in jury, illness or death.

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 for everyone that I am purchasing on behalf of.

Release of Liability & Limitation of Damages
I hereby forever and unconditionally release HTA and its affiliated entities, vendors, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively 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. Company’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 hereunder; 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 HTA in exchange for my participation in the Experience. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Experiences is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.

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.

Binding Effect
This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of HTA, its successors and assigns.

Consent to Medical Treatment Including First Aid or CPR 
I authorize HTA (or itʻs contracted vendors) to provide to me and my group, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon HTA to provide such assistance, transportation, or services.

Severability
If any provision of this 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 Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

Promotional Release
I hereby grant to HTA (& itʻs contracted vendors) the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Experiences, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). HTA 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 HTA 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 HTA an irrevocable, royalty-free, worldwide license to use my name, and hometown in connection with the Material and the Works.

THIS IS A 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. 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 AS WELL AS ALL PARTICIPANTS WHO I AM PURCHASING THIS EXPERIENCE(S) FOR. PARTICIPATION IN THE EXPERIENCES BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS CONSENTED TO THIS WAIVER ON THEIR BEHALF.