ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.

1. The person asking to participate in the Tours is “Participant.” The “Undersigned” means the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The Undersigned agree and acknowledge that participation in the Tours, including, but not limited to, transportation to and from Tour sites, recreational activities, and use of recreational rental equipment, for any purpose (hereinafter the “Tours”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned fully understand, and by signature acknowledges that:

2. The Undersigned voluntarily and expressly ASSUMES ALL RISKS OF INJURY, DEATH, AND/OR LOSS associated with participation in the Tours, known or unknown, inherent or otherwise. The Undersigned agrees and understands these risks include, but are not limited to: falling; slick or uneven surfaces; variations in terrain; rugged mountainous terrain; flash-flood; rockslide; landslide; falling rocks; drowning; ocean currents; surf; shoreline conditions; presence of sharks or other natural dangers; absence of certified life guards; following the instruction of a guide; exposure to adverse weather; limited access to and/or delay of medical attention; fatigue; dehydration; hypothermia; altitude sickness; hazardous or mechanical conditions during transport; mental distress from exposure to any of the above; and any unforeseeable conditions.

3. The description of the risks listed above is not complete and participating in the Tours may be dangerous and may also include risks which are inherent and/or which cannot be reasonably avoided without changing the nature of the Tours.

4. Participant is responsible for reading, understanding and complying with all signs. Participant has physical ability to safely participate in Tours.

5. In consideration of allowing the Participant to participate in the Tours, THE UNDERSIGNED AGREES NOT TO SUE The Pacific Voyager, Inc. (dba Banana Bungalow Maui Hostel), Maui Hostel LLC, their affiliated companies and subsidiaries, and all their respective insurance companies, successors in interest, commercial u0026amp; corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party””) for any property damage (including equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Tours. By agreeing not to sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. Also, the UNDERSIGNED AGREES TO RELEASE, ACQUIT, DISCHARGE, AND HOLD HARMLESS EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY, CLAIMS, DENIALS, ACTIONS, CAUSES OF ACTION AND EXPENSES WHATSOEVER, ARISING OUT OF, RELATED TO, OR CONNECTED WITH, DIRECTLY OR INDIRECTLY, ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, arising from the Undersigned’s obligations under this Agreement or Participant’s participation in the Tours, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY. This release is to be as broad and inclusive as permitted by the State of Hawaii.

6. The Undersigned will DEFEND AND INDEMNIFY each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Tours or the Undersigned’s obligations under this Agreement. All claims for injury and/or death regarding an alleged incident WILL BE GOVERNED BY HAWAII LAW, and EXCLUSIVE JURISDICTION is in the state or federal court sitting in the district where the alleged incident occurred. Undersigned parents or legal guardians acknowledge that they are signing this Agreement on their own behalf and also signing on behalf of the minor and that the minor will be bound by all the terms of this Agreement.

7. The Undersigned represent that Participant is in good health and there are no special problems associated with Participant’s condition. The Undersigned: 1) authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for Participant; and 5) will indemnify and hold harmless the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.

8. By signing this Agreement without a parent or legal guardian’s signature, Participant represents that he or she is at least 18 years of age. THE UNDERSIGNED REPRESENTS THAT HE OR SHE IS THE PARTICIPANT OR THE LEGAL PARENT OR GUARDIAN OF THE PARTICIPANT. THE UNDERSIGNED AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

9. This Agreement is an essential element of participation in the Tours, Participant understands what it says and would not be permitted to participate in Tours if Undersigned did not agree to its terms. This Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms remain enforceable. The Agreement is binding on the assignees, subrogors, distributors, heirs, beneficiaries, next of kin, executors, administrators and personal representatives of the Undersigned.

Signature: ____________________________________________ Name:________________________________________ Date:________________

Signature of Parent/Legal Guardian:___________________________________ Name:_____________________________Date:________________