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Hawaiian Trail & Mountain Corp.

Legal

Disclaimer and Waiver

Hiking is an inherently dangerous activity that can result in death, serious injury and property loss. Trails are slippery, rocky, narrow, unimproved, ungraded, uneven, overgrown, eroded, precarious, muddy, steep, can involve stream crossings, possible flash floods, and may have cliffs, ridges, drop-offs and summit crossings, etc. Furthermore, trail conditions constantly change. Hike descriptions are for your convenience to give you a general idea of what a hike may be like. They do not contain all known hazards and conditions. The fact that a description may not include a certain trail hazard/condition does not mean that the hazard/condition does not exist. Those who rely upon the descriptions only do so at their own risk. HTMC takes no responsibility and disclaims any liability for the contents of hike descriptions including any inaccuracies, omissions, errors, misleading statements, incompleteness, or incorrect information.

Common sense and personal judgment must always be exercised when participating in club activities. This is especially true when deciding whether to join a hike and whether to continue hiking. Hikers are encouraged to stop and turn around if in doubt about their ability to continue safely. Participants must determine for themselves if they are mentally fit, emotionally fit, physically fit and experienced enough to participate in a club hike or other activity. Participants are always responsible for themselves and for their children and wards.

By participating in any club activity, including hiking, participants hereby agree to forever waive and give up any and all rights to make a claim, bring a lawsuit or action and/or assert any rights against HTMC, its directors, officers, committee members, hike coordinators, trail clearers, resident managers, volunteers, agents and members as a whole for any injury, death, property loss, special and general damages suffered as a result of participating in any club activity, including hiking. HTMC disclaims any and all responsibility and liability for any damages.

This Disclaimer and Waiver also applies to the participant’s children and wards, estate, personal representative, guardian, power of attorney, trustee and any other person or entity claiming rights through or on behalf of the participant as a result of injury, death, loss and damages.