THREE PEAS ADVENTURES, LLC

Release of Liability and Waiver, Assumption of Risk and Indemnification

This document affects your legal rights. You must read and thoroughly understand it before you sign it. 

I, _____________________________, (print name) acknowledge that I wish to participate in an adventure retreat at the following location: Hawaii County, Hawaii in March 2023, and attest that I have read, fully understand, and agree with the following representations and conditions:

I am aware of the risks of participating in the program/activities, and assume all risks, foreseeable and unforeseeable, in any way connected with my participation herein. 

CODE OF CONDUCT: Our retreat is dedicated to providing a harassment-free experience for everyone. “Harassment” includes, but is not limited to offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. We do not tolerate harassment of retreat participants in any form, by any party, including retreat partners. Participants asked to stop any harassing behavior are expected to comply immediately. Participants violating these rules may be expelled from the retreat without a refund at the discretion of the retreat organizers.

DOCUMENTATION: Please plan accordingly and do your research in preparing for the retreat. You, the Participant, are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as a valid passport or other domestic identification, as well as any required and applicable immunizations or other required documentation for the international location of the retreat. We are not liable or responsible if you are denied entry or exit to or from the international location where the retreat will be held based on lack of adequate documentation or immunizations. 

INSURANCE: All participants are strongly encouraged to purchase and maintain travel insurance during the entire length of the retreat (including through their return date). Participants that choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities. Three Peas Adventures, LLC is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. 

MEDIA RELEASE: You understand and agree that the company may collect, record, publish, post, transmit, and/or display my name, image and likeness and quotes, and testimonial (this includes name, biographical information, likeness, portrait, image, picture, voice, and quotes) (collectively the “Media”) for any purpose. You hereby voluntarily release and hold harmless the company and its employees acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such Media participation. This release applies to any and all media known, and hereafter devised, in perpetuity throughout the universe. You understand that all media remains the property of the company, and waive all rights to original Media, copies of Media, royalties, entitlements, payments, or any other compensation which might arise from the company’s acquisition, storage, display, publication, posting, or distribution of media as described herein. You understand that this Agreement constitutes a full and complete waiver of all possible claims of any nature whatsoever, including claims of negligence, personal injury or property loss, or damage, arising out of said Media participation.

TRAVEL & MEALS: All Participants are responsible for their own travel costs to and from the retreat. Participants will have some meals provided to them during the planned programing. Should Participant have any dietary restrictions that need accommodation, Participant is required to share said dietary restrictions with the company 6 weeks prior to the start date of the retreat. The company and any chefs or caterers participating in the retreat shall not be held liable for any illness or allergic reaction to any food items provided during the retreat. 

CONSUMPTION OF ALCOHOL: Alcohol may be available for consumption during the retreat. You understand and confirm that alcohol consumption shall be at your own discretion, risk and liability, and that you will be required to produce government-issued photo identification prior to being served any alcohol. You understand that Three Peas Adventures, LLC reserves the right to excuse you from the retreat should you become inebriated and misbehave or have the potential to cause harm to yourself or any other person or persons. If you are excused from the retreat pursuant to this section, it shall be without any sort of refund or reimbursement by Three Peas Adventures, LLC. You hereby assume all risk involved with the consumption of alcohol and unconditionally hold Three Peas Adventures, LLC harmless.

HEALTH OF PARTICIPANT: Your participation in the retreat indicates your acknowledgment and agreement with, as well as warranty of, the following statements: 

It is the participant's responsibility to consult a physician before participating in this retreat to ensure eligibility for strenuous physical activity and participant affirms that they have no medical conditions that would restrict participant from participating in physical activities. 

Participant agrees that if they experience any medical issues while attending the retreat, they will contact their doctor immediately. Participant understands and agrees that it is their responsibility to let Three Peas Adventures, LLC know if participant finds themselves in any pain or discomfort before, after, or during the retreat. Participant agrees to keep Three Peas Adventures, LLC apprised of any changes or upcoming changes concerning participant’s physical health and/or personal information. Participant agrees and verifies that all the information that participant has given Three Peas Adventures, LLC and its representatives is accurate, up-to-date, and without the omission of any known medical issues. Participant agrees and verifies that if participant has omitted any necessary personal information, whether knowingly or unknowingly, participant will hold Three Peas Adventures, LLC harmless against all liability for any damages that may occur to participant or to others because of participant’s actions or inactions. If participant does require medical treatment or attention while or after participating in the retreat, participant authorizes Three Peas Adventures, LLC to provide to participant, through medical personnel of Three Peas Adventures, LLC’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not 

impose a duty upon Three Peas Adventures, LLC to provide such assistance, transportation, or services. participant agrees that they alone are responsible for the payment of any medical costs and agrees to hold Three Peas Adventures, LLC blameless from any charges, fees, or costs that participant’s conditions may incur. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT THEY MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL.

Participant understands and agrees that Three Peas Adventures, LLC shall attempt to reach the Emergency Contact previously provided to them, should participant require medical attention or treatment, but in the event Three Peas Adventures, LLC cannot reach that contact and authorizes medical treatment, in no way shall Three Peas Adventures, LLC be liable for any harm that may arise from the lack of contact or any medical treatment authorized without input from the Emergency Contact. 

Participant specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws. 

ASSUMPTION OF THE RISK: You acknowledge and understand that during the retreat, you may be exposed to a variety of liabilities and risks, foreseen or unforeseen, which are inherent in outdoor activities and retreats. You acknowledge that the following describes some, but not all, of the risks of participating in the Activity: 1) Changing water flow, currents, wave action and boat wakes; 2) Inclement weather, lightning, variances and extremes of wind, weather and temperature; 3) Collision or capsizing, or other hazard which results in wetness, injury, exposure to the elements, hypothermia, or drowning; 4) collision with a land vehicle; 5) encounters with wildlife 6) Activity associated with heights or steep terrain resulting in slipping, falling, tripping, vertigo 7) Getting on or off the paddleboard, kayak, canoe, raft, or other equipment; 8) Equipment failure or operator error; 9) Heat- or sun-related injuries or illnesses including sunburn, sunstroke or dehydration; 10) cold, snow, rain, sleet, ice, wind, or high elevation related injuries or illnesses including frostbite, windburn, hypothermia, broken bones, fatigue, dizziness, or death 11) Fatigue, chill, and dizziness, which may diminish my reaction time and increase the risk of an accident. You are aware that the Activity entails risks of injury or death and understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death as a result of participation in the Activity. Additionally, you acknowledge that the international location of the retreat may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in participant’s daily life. These inherent risks include, but are not limited to, negative treatment by foreign third parties unaffiliated with Three Peas Adventures, LLC, as well as the dangers of serious personal injury, death and property damage resulting from, but not limited to: physical exercise and exertion; physical contact with other participants or third parties, other health hazards associated with physical activity and outdoor events; injury or death resulting from exposure to unfavorable weather conditions; and hazards related to catering, including but not limited to food sickness, allergic reactions, choking (collectively the “Injuries and Damages”). 

You further acknowledge and understand that these Injuries and Damages cannot be entirely eliminated. You fully understand and agree that Three Peas Adventures, LLC has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of Three Peas Adventures, LLC or other third parties, either as a result of negligence or because of other reasons. You understand that third parties cannot necessarily be controlled, and that participant’s safety, physical health, or emotional wellbeing cannot be guaranteed while participating in the retreat and related activities

WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: In acknowledging the foregoing ASSUMPTION OF THE RISK section, YOU CONFIRM YOUR  UNDERSTANDING OF THE FOLLOWING: To the fullest extent allowed by law, you agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS THE COMPANY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, any your death or personal injury relating to your participation in the retreat, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the retreat’s feasibility in a given area 

and/or location. You understand and intend that the assumption of risk and release is binding upon your heirs, executors, administrators and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law. 

GUESTS: You assume all risk of damage or injury to any individuals that you invite as guests at the retreat, whether you are present or not at the time of damage or injury, and hereby agree to fully indemnify the Released Parties against any claims for damages or injury suffered by your invited guests.

INDEMNIFICATION: Participant shall defend indemnify and hold harmless Three Peas Adventures, LLC, including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) Three Peas Adventures, LLC’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by Three Peas Adventures, LLC of any of its representations, warranties, covenants or obligations under this Agreement. 

NON-ASSIGNMENT: You may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without the company’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.

WARRANTIES: Three Peas Adventures, LLC represents and warrants that it has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. Three Peas Adventures, LLC further represents and warrants that to the best of Three Peas Adventures, LLC’s knowledge, the retreat hosted by Three Peas Adventures, LLC, LLC and their subcontractors does not infringe the rights of any party, and will not violate the rights of any third parties. Participant represents and warrants that participant has full right to enter into this Agreement 

and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. 

ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.

SEVERABILITY & NON-WAIVER: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by Three Peas Adventures, LLC to require participant’s performance of any provision in this Agreement shall not affect Three Peas Adventures, LLC participant’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  All rights and remedies hereunder are cumulative.

GOVERNING LAW: This Agreement will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of Hawaii County. Three Peas Adventures, LLC and Participant agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the county of Hawaii, Hawaii, and the parties consent to the jurisdiction of such courts.

I am aware that THREE PEAS ADVENTURES, LLC is not responsible for any lost, stolen, or damaged valuables or property.

I agree not to institute any claims or legal action against THREE PEAS ADVENTURES, LLC for any claim released by this Agreement.

I agree to protect, defend, and indemnify THREE PEAS ADVENTURES, LLC, and any of its employees or owners in regard to any claim or expenses (including attorneys’ fees, claims by a third party or otherwise, that might be made on my behalf) in any way connected with a claim related to my participation in the program/activities. I have read and fully understand, agree to, and voluntarily accept all provisions of this Release of Liability and Waiver, Assumption of Risk, and Indemnification. 

This release will be governed by and construed in accordance with the laws of the State of 

Hawaii and venue for all challenges of this waiver shall be restricted to the federal or state courts located within Hawaii County.

I am signing this Agreement freely, voluntarily, and competently and I am at least eighteen (18) years of age.

________________________       ______________________        ________________

        Signature of Participant                                Print Name              Date