Release of Liability and Acknowledgment and Acceptance
of Dangers, Risks and Hazards.
By signing this agreement, I hereby acknowledge that I have knowingly and willingly entered a Hawaii guided tour Agreement, or become a party bound by the terms and conditions of Agreement by and between _____________,et al. (Client, whether one or more) and KOKOS LLC, et al. (Guide, whether one or more) dated _____________, 20__.
I further acknowledge and understand that no warranty, either express or implied, is made by the Lessor as to the condition of using the guide searvice located in Hawaii County, Hawaii, or of any roads, buildings, gates or other improvements located thereon. This document serves to warn me that dangerous conditions, risks and hazards do exist. My presence and activities on the leased premises expose both me and my property to dangerous conditions, risks and hazards, including but not limited to: sharks, insects and spiders; blinds and tree stands, whether or not erected by Lessor; erosion and general condition of the land, both on and off roadways or senderos, creating rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and/or potentially dangerous; deep water; and the use of vehicles. I hereby state that I expressly assume all such dangers, risks and hazards.
In consideration for the right to using guide service, I hereby agree to protect, indemnify and hold harmless the client and his or her respective heirs, agents, employees and assigns from and against any and all claims, demands, causes of action and damages, including attorneys’ fees, resulting from any accident, incident or occurrence arising out of, incidental to or in any way resulting from the use of the leased premises and all improvements thereon, whether or not caused by the KOKOS LLC negligence or gross negligence. This release applies during the time that I am permitted on the leased premises. I hereby further covenant and agree that I, my heirs, successors and assigns will not make any claim or institute any suit or action at law or in equity against the KOKOS LLC or his or her respective heirs, agents, representatives, employees, successors or assigns by reason of conditions of the leased premises or activities occurring thereon.
I hereby further understand and agree to abide by all the rules, provisions and terms of this Liability Agreement as set forth by the KOKOS LLC, if any (see attached). It is understood that the Client will be in breech of this agreement in the event that the Client fails to follow those rules and terms as set forth in the attachment. I understand that failing to do so may void this agreement, and the agreement may then be cancelled at the sole discretion of the KOKOS LLC. In that unlikely event, I further agree to forfeit any and all present and future claims to premises in regards to the remaining term of the original agreement.
As used in this release, the terms I, my person and myself include minors in my care while on the tour.
Date and signed this _____day of ___________, 20___.
(Client Signature) (Client Printed Name)