Release of Liability Waiver
In exchange for participation in the activity of Local Experiences organized or promoted by Malihini
Adventures LLC, of 1001 Bishop St., STE 2685A, Honolulu, Hawaii, 96813 and/or use of the property,
facilities and services of Malihini Adventures LLC, I agree for myself and (if applicable) for the members of
my family, to the following:
1. AKNOWLEDGMENT OF SERVICES BEING OFFERED. I agree and understand that Malihini
Adventures LLC is simply providing the ability and platform to book a "Local Experience" through an
Independent Contractor known as a Malihini Alaka'i Affiliate. Malihini Adventures LLC is in no way
reliable for any injury, loss, or damage arising during a Local Experience. Although Alaka'i Affiliates are
held to high standards, Malihini Adventures LLC cannot be held responsible for Alaka'i Affiliates operating
outside of Malihini Policy and Guidelines.
2. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and
warnings, and further agree to follow any oral instructions or directions given by Malihini Adventures LLC,
or the employees, representatives, or agents of Malihini Adventures LLC.
3. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks
associated with the above described activity and I assume full responsibility for personal injury to myself
and (if applicable) my family members, and further release and discharge Malihini Adventures LLC for
injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Malihini
Adventures LLC, whether caused by the fault of myself, my family, Malihini Adventures LLC or other third
4. INDEMNIFICATION. I agree to indemnify and defend Malihini Adventures LLC against all claims,
causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs,
which may in any way arise from my or my family's use of or presence upon the facilities of Malihini
5. FEES. I agree to pay for all damages to the facilities of Malihini Adventures LLC caused by any
negligent, reckless, or willful actions by me or my family.
6. CONSENT. I, _________________ of consent to the participation of my _________________, Any minor under 18, in the activity of Local Experiences, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody
of Any minor under 18.
7. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above
described activities, I give my permission to Malihini Adventures LLC or to the employees, representatives
or agents of Malihini Adventures LLC to arrange for all necessary medical treatment for which I shall be
financially responsible. This temporary authority will begin on Immediately and will remain in
effect until terminated in writing by the undersigned or when the above described activities are completed.
Malihini Adventures LLC shall have the following powers:
a.The power to seek appropriate medical treatment or attention on behalf of my child as may be required
by the circumstances, including without limitation, that of a licensed medical physician and/or a
b.The power to authorize medical treatment or medical procedures in an emergency situation; and
c.The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
8. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall
be resolved under Hawaii law.
9. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and
that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge
that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and
acknowledge that Malihini Adventures LLC has offered to refund any fees I have paid to use its facilities if I
choose not to sign this Agreement.
10. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's
length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of
this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any
legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a
particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
11. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
12. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to
this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by
negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR)
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then
the parties may proceed to seek an alternative form of resolution in accordance with any other rights and
remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT
BY ELECTRONICALY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
While we encourage you to experience the Island, we encourage you to do so in a safe and responsible way. Please complete this form and include all members of your party. You are required to complete this form prior to doing any activity or Local Experience with Malihini Adventures LLC. Its important to know that all of our Experiences are offered by Independent contractors and that in the event of injury, damage or loss of life, Malihini LLC will be released of any Liability. Some of our Local Experiences are very dangerous and could result in death.