Liability Waiver
All guests must agree to this liability waiver to participate in Your Private Tours of O’ahu. In addition please check the Details, FAQ, and Covid page.
By booking a tour guests agree to the following:
Guests release Hali’a Tours (hereby referred to as ʻusʻ) of any and all liability that comes with participating in tour activities. In addition, guests (hereby referred to as ʻyouʻ) also release us from claims associated with any third-party vendors. As well as certifying they are physically capable of participating in any of the activities. Although we focus on safety and health, guests also waive any and all liability for the spread of Covid-19, or any other contagious disease, that may cause sickness or death.
All guests also agree to report any and all medical conditions that may affect them. In addition, guests acknowledge that certain activities are inherently risky, especially those involving the water, hiking, etc. All guests shall abide by any safety regulations, policies, briefings, laws, etc. Failure to do so may result in the termination of the tour with no refund given. Guests also agree to the following conditions:
1) Following Directions
Guests agree to follow any and all directions, instructions, safety briefings, laws, and regulations. At the same time, guests agree to obey any posted or verbal instructions given by Hali’a Tours, representatives of our vendors, and any law enforcement and emergency personnel.
2) Assumption and Release of Risk
Recognition of inherent risks associated with any activities provided and release Hali’a Tours of any and all liability. These activities include, but are not limited to, swimming, hiking, walking, disembarking the vehicle, etc. In addition, guests assume full and complete responsibility for personal injury and all those in their party under 18 years old. Guests also release Hali’a Tours, third-party vendors, and government agencies from injury, loss, or damage incurred at their facilities.
3) Indemnification
All guests fully indemnify and defend Hali’a Tours and their vendors against any and all claims, damages, judgments, medical costs, or expenses. Including attorney fees, as well as any litigation or medical costs.
4) Fees
Guests agree to pay for all damages to facilities and/or equipment caused by their group. This shall include any Hali’a Tours property, equipment, as well as that of any third-party vendors. If guests cannot agree on who is responsible, the card used to book the tour will be charged accordingly. If the guests paid with multiple cards, the charges will be dispersed among them evenly.
5) Applicable Laws
Any legal or other claims that may arise from participation in any activity or tour shall be resolved under Hawai’i State Law.
6) Photo Release
Guests acknowledge that if they accept any photo package from Hali’a Tours, we have the right to use any image, video, or otherwise for advertisement purposes at our sole discretion.
7) No Duress
When booking this tour and/or signing the waiver, guests acknowledge and agree they do so under no pressure or duress. Guest also agree they have been given a reasonable opportunity to review this agreement before signing. In addition, guests furthermore agree that since this waiver has been posted online, there has been ample time for legal counsel to review it if guests so desire. Guest also understand that since this agreement is posted online, they waive their right to any refund should they refuse to sign, as it will be considered a breach of the Companies cancellation policy.
8) Enforceability:
If any part or section of this agreement is found invalid or unenforceable, all remaining portions shall stand. In such an event, that part or section shall no longer be considered part of this agreement. Guests agree in advance that any and all sections remaining in these terms shall be valid and enforceable.
9) Dispute Resolution
All parties involved agree to resolve any disputes arising out of this agreement through friendly negotiations between them. However, if this does not end in a resolution, all parties agree to follow the Alternative Dispute Resolution Procedure below:
Any and all controversies or disputes arising out of, or relating to this agreement, shall be submitted to mediation. Any mediation shall be in accordance with any statutory rules, and if it does not successfully resolve the dispute, the parties may seek an alternative form of resolution.
10) Conclusion
When booking this tour or signing this waiver, guests agree they have read, understand, and accept all portions of this liability waiver. Furthermore, guests acknowledge and agree to all posted Company Policies and voluntarily surrender certain legal rights. In addition, as stated above, guests recognize the risks involved in any activities they decide to participate in and release Hali’a Tours and Transportation of any and all liability.
