Best of Maui Tour

General

• Dress warmly (important) to be prepared for the Haleakala summit area where the temperature can be as low as around 20 degrees Fahrenheit
• This tour is not recommended for guests with heart or respiratory conditions that may be exacerbated due to high altitude
• People who have gone scuba diving should wait 72 hours before going on this tour
• No refunds due to Haleakala due to inclement weather conditions impacting visibility
• This tour is operated on rough, winding roads. It is not recommended for pregnant women or those with back or motion problems
• The Operator reserves the right to alter, modify or cancel a tour due to bad weather, unsafe conditions or at the request of governmental, park, & state agencies

Acknowledgement of Risks

In consideration of the services of The Operator their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as (“ The Operator”) I agree as follows:

Although The Operator has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, The Operator has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. The Operator does not want to frighten me or reduce my enthusiasm for this activity but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.

The Operator cannot prevent you [or your child (ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing The Operator’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize The Operator’s services and/or enter onto The Operator’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.]

I am aware that The Operator entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of The Operator has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.