Disclaimer

I understand and agree that during the spring break trip in which I will participate, under the arrangements of Kokua Vacations and its agents, employees, associates, affiliated companies, or subcontractors, certain risks and dangers may arise, including, but not limited to, acts of God, the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions, the dangers of civil disturbances and war, the forces of nature, dangers and risks inherent in sporting activities, the negligent or reckless acts or omissions of Kokua Vacations, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, travel by boat, automobile, train, ship, aircraft, or other means of conveyance, and accident or illness in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance. Kokua Vacations shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with any of the above and/or terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent's control. . I specifically acknowledge and recognize the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal
drugs in connection with or during this Trip.

Flight schedules are considered tentative and subject to change without notice per operator’s option plan. Flight schedules are not guaranteed and may affect actual length of time in vacation destination. Schedule changes can occur without notice even after tickets have been issued. The client must and is responsible for reconfirming both outbound and return flights. Flight delays are unfortunate, but they are a risk in all air travel and are beyond the control and responsibility of Kokua Vacations. Missed nights’ accommodations, missed time in vacation destination, missed connections to/from charter flights, missed wages, missed package features, and additional expenses (including, without limitation, long distance phone calls) incurred due to flight delays are beyond Kokua Vacation’s control and responsibility.

Kokua Vacations is acting as a mere agent for SUPPLIERS in selling travel-related accepting services, or in accepting reservations or bookings for services that are not directly supplied by Kokua Vacations (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.).  Kokua Vacations, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers, which result in any loss, damage, delay, inconvenience or injury to travelers or travelers’ companions or group members. Client acknowledges changes to travel plans may incur fees and may not be permitted. Any change fees are client’s responsibility and are in no way Kokua Vacations. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, Kokua Vacations does not guarantee any of such supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Kokua Vacations strongly urges purchasing travel insurance, which, in accordance with its terms, among other things provides compensation for trip interruption due to certain medical emergencies. Cancellations and changes must be made in writing and may incur fees that are the client’s responsibility.

In consideration of, and as a part of the payment for, the right to participate in Spring Break Maui or other activities and as a part of the payment for, the services arranged for me by Kokua Vacations and its agents, employees, associates, affiliated companies, or subcontractors, I DO HEREBY EXPRESSLY ASSUME ALL OF THE ABOVE RISKS, including, to the extent permitted by law, the risk of negligent or reckless acts or omissions of Kokua Vacations, its agents, employees, officers, directors, associates, affiliated companies, or subcontractors, and I DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD Kokua Vacations and its agents, employees, officers, directors, associates, affiliated companies, and subcontractors HARMLESS against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my trip or participation in any activities arranged for me by Kokua Vacations and its agents, employees, associates, affiliated companies, or subcontractors. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my heirs, assignees, administrators, executors, and all members of my family, including any minors accompanying me. I HAVE READ AND FULLY UNDERSTAND THE PROVISIONS AND THE LEGAL CONSEQUENCES OF THIS RELEASE AND ASSUMPTION OF RISK, AND I HEREBY AGREE TO ALL OF ITS CONDITIONS. I ACKNOWLEDGE THAT KOKUA VACATIONS HAS RECOMMENDED THAT I HAVE MY ATTORNEY REVIEW THIS RELEASE PRIOR TO MY SIGNING IT. I further agree that any legal dispute involving these travel services shall be heard only by the courts of Maui, Hawaii, USA. I acknowledge that in calculating the cost of the tour or trip, Kokua Vacations has relied on my consent to these terms and on their enforceability. In the absence of this Release, the tour/trip cost would have been higher, or, alternatively, Kokua Vacations would be unable to offer these services.

DATED: ______________________
Signature of Participant_______________________________
Name Printed __________________________________