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Hawai'i AcroFest Community Safety Guidelines

ALL SALES ARE NON-REFUNDABLE.

Tickets may be transferred. By purchasing a ticket, receiving a transferred ticket, volunteering, providing services, and/or admission to the venue for Hi.AF Event spectating AND/OR participation, you agree to our Terms and Conditions Below.

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Year-Round Event Terms & Conditions

Hawaii Acrofest Year-Round Event Terms and Conditions, Waiver, and Release Form 

In consideration of being allowed to participate in this Hawaii Acrofest community activity, offering, classes, workshops, or event (the “Event”), you agree to comply with all rules, regulations, terms, and conditions of the Event, including but not limited to the following:


 

  1. Waiver of Liability and Release. You, on behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin, hereby waive any and all liability that Hawaii AcroFest LLC and its officers, directors, employees, volunteers, contractors, representatives, agents, affiliates, and subsidiaries (collectively, “HI.AF ”) may owe to you and your agents, personal representatives, assigns, heirs, and next of kin for any and all loss, damages, claims or demands related to bodily injury, illness, property damage, economic loss, liability or expenses of any kind (collectively, Claims) that you may experience or incur. This waiver does not extend to rights or liabilities that cannot be waived as a matter of law, but you expressly agree that this waiver is intended to be as broad and as inclusive as permitted by governing law. You, on behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin (collectively “Releasors”), hereby release, discharge and hold harmless HI.AF from any claims and/or liability, actual or threatened, accruing as a result of your participation in the Event. Releasors covenant not to sue or assert any claims against HI.AF for any and all loss or damage on account of bodily injury (including death), property damage, or economic loss of any nature that is in any way related to the Event. Releasors further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. This release does not extend to claims that cannot be released as a matter of law, but you expressly agree that this release is intended to be as broad and as inclusive as permitted by governing law. As Stated in Hawaii Revised Statutes HRS § 663-1.54  [§663-1.54]  Recreational activity liability. (a), owners and operators of recreational activities shall not be liable for damages for injuries to a patron resulting from inherent risks associated with the recreational activity if the patron participating in the recreational activity voluntarily signs a written release waiving the owner or operator's liability for damages for injuries resulting from the inherent risks. YOUR PARTICIPATION AND ADMISSION TO HI.AF ACKNOWLEDGES YOUR AWARENESS OF INHERENT RISK ASSOCIATED WITH Hi.AF ACTIVITIES INCLUDING BUT NOT LIMITED TO ACRO YOGA, YOGA, DANCE, VARIOUS MOVEMENT PRACTICES, PARTNER ACROBATICS, SPOTTING, BASING, FLYING, WATER SPORTS OR ACROBATIC ACTIVITIES IN OR NEAR THE POOL UNATTENDED BY A LIFEGUARD, BONFIRES, FIRE DANCING, FIRE PERFORMANCES, WILDLIFE, NATURAL TERRAIN, AND ALL AEROBIC SPORTS OR ACTIVITIES AS BOTH A PARTICIPANT OR A SPECTATOR. Participants Acknowledge and understand the inherent risk of being in a REMOTE LOCATION ON THE BIG ISLAND OF HAWAI'I WITH LIMITED ACCESS TO PROFESSIONAL MEDICAL CARE BOTH ONSITE AND IN THE SURROUNDING AREA at no fault of Hi.AF. For Reference - The nearest Clinics are in Pahoa (located 25.6 miles away from the event) while the nearest Medical Center is located in Hilo (located 35.3 miles away from the event). In the event of a serious or life threatening injury, there may be necessary response procedure for medical responders to assess the injury and acquire a helicopter, flying intensive care unit, or other airborne method of transportation to deliver a patient to a neighboring island to seek medical care. There may be delays in response time or availability of such measures to be made at no fault of Hi.AF or any third party members. Participants are advised against attending or participating in Hawaii Acrofest if they have a current or previous injury. Participants agree to acknowledge the inherent risk of participation with known or unknown injuries and should seek advice from a medical professional to assess themselves fit for high risk physical activities prior to participation.

  2. Assumption of the Risk Relating to COVID-19 and Compliance with Event Health and Safety Plan. The novel coronavirus COVID-19 was declared a pandemic by the World Health Organization and is an extremely contagious disease that can cause severe illness and death. You understand that this Event is subject to enhanced health and safety measures, and you agree to comply with all health and safety requirements imposed by HI.AF or any government agency with jurisdiction over the Event. Notwithstanding the foregoing sentence, you understand that there is a risk of exposure to COVID-19 at any public gathering. By entering the Event site, you voluntarily assume the risk that you may be exposed to or infected by COVID-19, and/or that you may expose or infect others, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You accept sole responsibility for any Claims (as defined above) arising from your participation in the Event, and you agree that the waiver of liability and release set forth in Section 1 of these Terms and Conditions applies to any Claims relating to COVID-19.

  3. Media Policy. By participating in the Event, you agree to the following terms and conditions for the use of any imagery obtained at the Event, including still photographs and videos (“Event Imagery”). Cameras will be welcome at the Event and have long been an important part of Hawaii Acrofest ’s storytelling history. You understand that HI.AF and others will be recording the Event, and that your image may be captured on film, video, photographs, or other media (the “Event Recordings”) that may subsequently be displayed or disseminated without your consent or compensation of any kind to you. By entering the Event, you irrevocably grant to HI.AF and its authorized agents the right to record and use the Event Recordings, including composite or modified representations, for all purposes throughout the world and in perpetuity. You also expressly release HI.AF and its authorized agents from any and all liability in connection with the recording or use of the Event Recordings. You agree that HI.AF shall be the copyright owner of any Event Recordings created by HI.AF or its authorized agents. HI.AF may, but is not obligated to, include your name as a credit in connection with the Event Recordings. HI.AF is not obligated to use any of the rights granted in this paragraph.

  4. Minors at the Event. Unless the terms of a particular ticket or registration sale state otherwise, you understand that children under 18 years of age may attend the Event only if accompanied by a parent or legal guardian. If you bring a child under 18 to the Event, you agree to the contractual terms contained in these Terms and Conditions on behalf of that child. Individuals under 21 years of age are prohibited from purchasing, possessing, or consuming alcohol in any Event location. Any participant in breach of this prohibition, and any participant who knowingly furnishes alcohol to someone under 21 at the Event, will be ejected from the Event without refund. 

  5. Event Ticket and Registration Policies. For any Event for which tickets or registrations are sold or otherwise required for entry, no one will be admitted to the Event without a confirmed Event ticket or registration. Event tickets and registrations are revocable licenses that may be revoked by HI.AF in its sole discretion, and HI.AF retains the right to cancel, rescind or revoke any Event tickets or registrations at any time for any reason whatsoever. ALL SALES ARE FINAL, and no refunds will be issued for any reason. All fees are nonrefundable. You may transfer your Event ticket or registration to another participant. If permitted, ticket and registration transfers may happen at any time prior to or during the Event, but no tickets or registrations may be transferred, and no attempt to do so will be honored, after a ticket or registration has been scanned in or redeemed at the Event. HI.AF may, in its sole discretion, work with one or more third parties to provide the Event ticket and/or registration website. HI.AF does not promise that such website will be error-free or uninterrupted. The website, content, and service are delivered on an “AS-IS” and “AS AVAILABLE” basis, and HI.AF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HI.AF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. HI.AF MAKES NO GUARANTEE OF THE AVAILABILITY OF EVENT TICKETS OR REGISTRATIONS OR OF THE ABILITY TO ACQUIRE THEM VIA THE WEBSITE.

  6. Force Majeure. You agree that HI.AF is not liable for any delays or cancellations of the Event or any component thereof due to any cause beyond HI.AF ’s control, including without limitation weather; natural disaster; health epidemic or pandemic; unavailability of communication or utility services; war, riot, or labor difficulties; supplier failures; national or local emergency; federal, state or municipal law or regulation; damage to or destruction of Event facilities or locations; or denial of required permits or permissions (a “Force Majeure Event”). You understand that Event tickets are not refundable if the Event is terminated early or canceled in whole or in part due to a Force Majeure Event.

  7. Governing Law and Dispute Resolution. These Terms and Conditions are governed by and will be enforced according to the laws of the State of Hawai’i, without regard to any conflicts of laws rules. Any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal and state courts located in Honolulu, Hawai’i and the parties submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

  8. Acceptance of Terms. If you are obtaining an Event ticket or registration for, or transferring an Event ticket or registration to, any other person, you recognize that you are acting as that person’s agent in obtaining the ticket or registration, and due to this agency relationship, you agree to these Terms and Conditions on behalf of any person to whom you transfer the ticket or registration, and you shall notify any such person of these Terms and Conditions at the time of transfer. If you have obtained a ticket or registration from another person, you agree to these Terms and Conditions when the ticket or registration is transferred to you. You represent and warrant that you have the full power, consent, and authority to enter into these Terms and Conditions. You understand that these Terms and Conditions may be changed by HI.AF prior to the Event, and if so, the revised Terms and Conditions will be published at - (INPUT HI.AF WEBSITE) and will apply to you. Your entry into the Event signifies your binding agreement to the Terms and Conditions in effect at the time of your entry. 

*YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY; YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS; AND YOU DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.

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a copy of these terms will be sent via email to all guests who have purchased a hi.af ticket.

you can view the pdf versions HERE.

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