NOTICE: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS.PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN.
In consideration of the services 808 TOURS INC,JUNGLEZIPLINE MAUI (the "Company") has agreed to provide to me, I hereby promise and agree on behalf of myself (or, if I amsigning this document on behalf of a person who is under the age of eighteen, on their behalf as his/her Legal Guardian), andmy heirs, assigns, personal representatives and estate (or those of the minor if I am his/her Legal Guardian) as follows:
1. I acknowledgeandrecognize that there are risks inherent in any activity. The same factors that contribute to enjoying anactivity may also cause property damages, accidental injury, illness or, in extreme cases, serious injury or death. Having acknowledged that general risks exist, I hereby specifically accept and assume the following specific risks that may arisein participating in 808 TOURS INC/JUNGLEZIPLINE MAUI(the “Activity”): (A) my participation in the Activity, whether it is Ziplining on guided tours, or walking around the park and nursery on guided or unguided tours, or exploring the nursery grounds, while accompanying other family members who are taking the zipline course, all these Activities may result in accidents, injury, serious injury and/or death; (B) such injuries or accidents may occur in remote places wherethere are no immediately available medical facilities; (C) during the Activity I may experience fatigue, extreme heat, chilland/or dizziness which may diminish myreaction time and that of others and may therefore increase the risk of accident; (D) changing weather, fog, rain, sleet and/or other conditions, slippery trails and/or roads, falling rocks, and erosive cliff edgesthrough or near which I will be walking and/or traveling, my own inability to properly participate in the Activity or to followrules and directions concerning the Activity and unforeseeable events may all contribute to the chances of accident and/orinjury.
2. I understand and agree that the Company reserves the right, in its sole discretion, to refuse to permit me to participate in theactivity, and that the Company may terminate my participation in the activity if it believes me to be incapable of following the instructions or meeting the safety requirements or the rigors of participating in the activity. I specifically agree to release the Company from any liability if I am prevented from participating in the Activity for any reason whatsoever.
3. I hereby confirm that I am at least eighteen years of age or my legal guardian will be participating with me in the Activity,that I am physically and mentally capable of participating in the Activity, that I will comply with all of the instructions andsafety requirements for participating in the Activity, that I am capable of using the equipment provided to me by the Company,and that I am participating in the Activity voluntarily and of my own free will.I agree to listen and follow rules and guidelines for participating in the activity,including the following:
- I will abide by all instructions provided to me by the Company, and the Company’s designated tour guides
- I will not make any adjustments to my equipment, and I agree that all adjustments will be made only by or with the assistance of theCompany tour guide
- I will not intentionally flip myself over or invert myself while on the zipline
- I will hold on with at least one hand at all times while zipping
4. I hereby agree to assume full responsibility for myself and anyone else over whom I am legal guardian, for bodilyinjury, death or damages incurred as a result of my participation in the Activity. I further agree to defend, indemnify and hold 808 TOURS INC, DBA TWIN FALLS ZIPLINE/JUNGLE ZIPLINE MAUI, and their agents, employees,officers, and owners harmless from any liabilityWHATSOEVER for any bodily injury, death, loss of personal propertyor expenses resulting from my participation in the Activity.
5. I hereby agree and confirm that any claim, action or dispute arising under this agreement or as a result of myparticipation in the Activity shall be commenced in the Second Circuit Court of the State of Hawaii.
PERMISSING TO USE PHOTOGRAPHY, I grant to Jungle Zipline Maui-HI, its representatives and employees the right to take photographs of me and my properly in connection with above-identified subject without compensation to me. I authorize Jungle Zipline Maui-HI, its assigns and transferees to copyright, use and publish the same in print and/or electronically, illustration, advertising, and Web content.
I have read and understand and hereby accept the terms and conditions stated in this Release and Waiver
NOTICE: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS.PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN.
In consideration of the services 808 TOURS INC,JUNGLEZIPLINE MAUI (the "Company") has agreed to provide to me, I hereby promise and agree on behalf of myself (or, if I amsigning this document on behalf of a person who is under the age of eighteen, on their behalf as his/her Legal Guardian), andmy heirs, assigns, personal representatives and estate (or those of the minor if I am his/her Legal Guardian) as follows:
1. I acknowledgeandrecognize that there are risks inherent in any activity. The same factors that contribute to enjoying anactivity may also cause property damages, accidental injury, illness or, in extreme cases, serious injury or death. Having acknowledged that general risks exist, I hereby specifically accept and assume the following specific risks that may arisein participating in 808 TOURS INC/JUNGLEZIPLINE MAUI(the “Activity”): (A) my participation in the Activity, whether it is Ziplining on guided tours, or walking around the park and nursery on guided or unguided tours, or exploring the nursery grounds, while accompanying other family members who are taking the zipline course, all these Activities may result in accidents, injury, serious injury and/or death; (B) such injuries or accidents may occur in remote places wherethere are no immediately available medical facilities; (C) during the Activity I may experience fatigue, extreme heat, chilland/or dizziness which may diminish myreaction time and that of others and may therefore increase the risk of accident; (D) changing weather, fog, rain, sleet and/or other conditions, slippery trails and/or roads, falling rocks, and erosive cliff edgesthrough or near which I will be walking and/or traveling, my own inability to properly participate in the Activity or to followrules and directions concerning the Activity and unforeseeable events may all contribute to the chances of accident and/orinjury.
2. I understand and agree that the Company reserves the right, in its sole discretion, to refuse to permit me to participate in theactivity, and that the Company may terminate my participation in the activity if it believes me to be incapable of following the instructions or meeting the safety requirements or the rigors of participating in the activity. I specifically agree to release the Company from any liability if I am prevented from participating in the Activity for any reason whatsoever.
3. I hereby confirm that I am at least eighteen years of age or my legal guardian will be participating with me in the Activity,that I am physically and mentally capable of participating in the Activity, that I will comply with all of the instructions andsafety requirements for participating in the Activity, that I am capable of using the equipment provided to me by the Company,and that I am participating in the Activity voluntarily and of my own free will.I agree to listen and follow rules and guidelines for participating in the activity,including the following:
- I will abide by all instructions provided to me by the Company, and the Company’s designated tour guides
- I will not make any adjustments to my equipment, and I agree that all adjustments will be made only by or with the assistance of theCompany tour guide
- I will not intentionally flip myself over or invert myself while on the zipline
- I will hold on with at least one hand at all times while zipping
4. I hereby agree to assume full responsibility for myself and anyone else over whom I am legal guardian, for bodilyinjury, death or damages incurred as a result of my participation in the Activity. I further agree to defend, indemnify and hold 808 TOURS INC, DBA TWIN FALLS ZIPLINE/JUNGLE ZIPLINE MAUI, and their agents, employees,officers, and owners harmless from any liabilityWHATSOEVER for any bodily injury, death, loss of personal propertyor expenses resulting from my participation in the Activity.
5. I hereby agree and confirm that any claim, action or dispute arising under this agreement or as a result of myparticipation in the Activity shall be commenced in the Second Circuit Court of the State of Hawaii.
PERMISSING TO USE PHOTOGRAPHY, I grant to Jungle Zipline Maui-HI, its representatives and employees the right to take photographs of me and my properly in connection with above-identified subject without compensation to me. I authorize Jungle Zipline Maui-HI, its assigns and transferees to copyright, use and publish the same in print and/or electronically, illustration, advertising, and Web content.
I have read and understand and hereby accept the terms and conditions stated in this Release and Waiver