Terms & Conditions | Maui Off Road Adventures

Welcome to Maui Off-Road Adventure’s (“MORA”) website! Below you will find the terms and conditions that you must accept in order to use this website and our related services. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this website, you are automatically agreeing to the terms and conditions as described below. If you disagree with any part of these terms and conditions, you must not use this site or use any of our services related to this site.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies.

Cancellation Policy

You will receive NO REFUND WITHIN 48 HOURS of a reservation. For groups of 6 or more, you will receive NO REFUND WITHIN 96 HOURS of a reservation.

If you arrive late for your scheduled tour, we will try to accommodate you on the next tour on the same day. However, we cannot guarantee availability for tours outside of your reservation time. You will be responsible to pay the difference between the tour you want to join and the tour you book if the tour you join is more expensive.

We will gladly reschedule your activity reservation prior to the 24 or 48 hour cancellation period at no extra cost.

If tour is cancelled due to weather, mechanical failure, unsafe conditions, or insufficient reservations, you will receive a full refund for that tour.

Driver & Passenger Safety Policy

Drivers must be at least 18 years of age to operate machines and must provide a valid Driver’s License with Date of Birth. Children 7 years and older are welcome on our tours but must have a legal guardian sign a liability waiver on behalf of them. Any person that is pregnant, or had recent recipients of surgeries, back/knee problems or any other serious health conditions are not allowed on tours. All drivers and passengers must sign our liability waiver prior to the tour.

Getting Started

No Smoking at anytime throughout the entire tour
Review and Understand the operation of the vehicle. Ask Questions
Wear protective clothing, no sandals or open toed shoes. We recommend long-sleeved shirt, gloves, long pants and over-the-ankle boots. We recommend guests wear dark clothing or clothing you don’t mind getting stained by the dirt paths.
Helmets and Eye Protection is mandatory while vehicles are moving. Safety Helmets and Goggles will be provided on the tour and are required for all guests to wear.
Must use seat belt/safety harness while vehicle is moving.

Rules of the Road

Follow the trail and maintain a safe distance from the vehicle in front of you
No passing, lagging behind, sling shotting, doughnuts, or driving off of the trail.
Slow is always better.
Watch out for any and all animals. Do not approach or antagonize.
If you have any vehicle trouble, stop and turn off the engine.
If you get separated from the group, stop and wait. Don’t come looking for us, we will find you.
This is a guided tour, not a thrill ride.
Be conscientious of others on the tour as everyone has different driving abilities.
Go slow and be safe! Let’s watch out for each other.
This tour is considered a high adventure tour and unless these are followed there is a possibility of flipping your vehicle and sustaining physical injury.
Keep your hands inside the vehicle at all time. In the event of an accident, DO NOT reach outside the vehicle, hold on to the steering wheel if you are the driver or the handholds if you are a passenger.

Some Potential Hazards

Steep cliffs alongside the trails
Unguarded turns with steep drops
Limited sight areas
Narrow trail/roads
Hair pin turns
Cows, pigs, horses or other wildlife
Trees and large rocks
Slippery when wet
Dusty when dry
Fire hazard at all times

Please watch these two short safety videos

https://youtu.be/lr3FhIldWh4

https://www.youtube.com/watch?time_continue=13&v=fTt_wSzgDk0

Please see the below Waiver Agreement that you are required to sign prior to the event.

https://waiver.smartwaiver.com/w/5b8ff604cf38c/web/

UTV Safety & Damage Policy

The use of our vehicles are not similar to renting an automobile. Guests are fully financially responsible for any damages they cause to equipment or persons.

You will be responsible to pay for the loss of use of any UTV or other vehicle covered by this agreement damaged by yourself or other riders, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service.
You will also be charged in the event of incidental charges such as parts, labor, gear, and other related charges that I might incur during your rental time.
You will have the option to limit your financial risk through an optional rental protection plan.
A credit card is required for a security deposit on all UTV tours.

Please see the below Accidental Damage Waiver & Rental Agreement that you are required to sign prior to the event.

https://waiver.smartwaiver.com/w/5b8ff604cf38c/web/

License to Use Website

Unless otherwise stated, MORA and/or its licensors own the intellectual property rights in the website and material on the website. Except for the license below, all of our intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and throughout these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Maui Off Road Adventures LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Lahaina, Maui before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Maui Off Road Adventures LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to MORA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MORA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or MORA or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

MORA reserves the right to edit or remove any material submitted to this website, or stored on MORA’s servers, or hosted or published upon this website.

Notwithstanding MORA’s rights under these terms and conditions in relation to user content, MORA will not be responsible for monitoring the submission of such content to, or the publication of such content on this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. MORA makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, MORA does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Limitations of Liability

MORA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MORA has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MORA’s liability in respect of any:

death or personal injury caused by MORA’s negligence;
fraud or fraudulent misrepresentation on the part of MORA; or
matter which it would be illegal or unlawful for MORA to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify MORA and undertake to keep MORA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MORA to a third party in settlement of a claim or dispute on the advice of MORA’s legal advisers) incurred or suffered by MORA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to MORA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MORA may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Modification

MORA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Your continued use of this website will indicate your agreement with the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.

Assignment

MORA may transfer, sub-contract or otherwise deal with MORA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Hawaii Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Maui County in the state of Hawaii.

Voluntary Waiver, Consent, Release, and Hold Harmless

In consideration for being allowed to rent, drive, ride in and/or utilize an off-road vehicle pursuant to the accompanying Rental Agreement (the “Rental Opportunity”), I agree to assume all risks, waive all claims, release all liability, and defend and hold Maui Adventure Tours, LLC (“Operator”), Maui Land and Pineapple Company Inc. and Polaris Industries Inc. (“Polaris”), and their directors, officers, agents, affiliates, subsidiaries and parent companies, harmless to the fullest extent allowed by law.
I ACKNOWLEDGE AND AGREE THAT:
1. If I will be a driver of the off-road vehicle, I have a valid driver’s license, I am 18 years of age or older, and I can legally operate an off-road vehicle as part of the Rental Opportunity;
2. If I only will be a passenger, I will not drive the vehicle and I am able to grasp the handholds and firmly plant my feet, with back fully against the seat back rest;
3. If I am under 18 years of age (“minor passenger”), my parent/guardian is also signing on my behalf and I will be under my parent/guardian’s supervision at all times during the Rental Opportunity
4. Driver will ONLY carry minor passengers if Driver is at least age 25 and the Parent/Guardian of the minor passenger, will ONLY carry the number of passengers for which the ORV was designed, will ONLY carry passenger(s) who have signed this Agreement and the accompanying Waiver, will require each such passenger to wear proper safety equipment and a seat belt.
5. I am aware of and voluntarily assume the DANGERS AND RISKS OF SERIOUS INJURY, DAMAGE, OR DEATH that exist in my use of off-road vehicles (“ORVs”) and ORV equipment and my participation in the Rental Opportunity activities which could be or may be caused by loss of vehicle control, collisions, mechanical failures, trail conditions, my own negligent acts, the negligent acts of other riders, and the potential negligence of the Operator and Polaris, including the failure to adequately screen, train, warn, or otherwise protect me from all these risks;
6. My participation in such activities and/or use of such ORV and ORV equipment may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, AND/OR DEATH;
7. I have received appropriate and thorough safety instructions and an ORV review including its handling, safety features, risks, hazards, instructions and warnings and am comfortable and confident in my ability and knowledge to handle the rented ORV in accordance with such safety instructions and warnings on the vehicles and in accordance with the safety training provided and if I have any questions, I will ask before riding;
8. Renters may only operate ORVs within the licensed premises designated by Maui Land and Pineapple Company and may not drive or otherwise transport the ORVs in any way to other surrounding recreational ORV locations. No vehicle may be used in violation of any law or ordinance, or contrary to the provisions of any applicable insurance policy.
9. I have reviewed, am familiar with, and will comply at all times with the SAFETY INSTRUCTIONS provided by the Operator, ALL INSTRUCTIONS AND WARNINGS contained in the Owner’s Manual, and the WARNINGS ON THE VEHICLES, including the use of a helmet, seat belt, goggles, gloves, and other personal protective equipment and the wearing of seatbelts.
10. I have not and will not consume drugs, alcohol or any other substance that could impair my judgment or driving/riding ability.
I AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW ANY AND ALL CLAIMS OF ANY KIND that I have or may in the future have relating to the Rental Opportunity, whether directly or by subrogation or otherwise, against the Operator, Polaris, any Polaris dealership(s), industry association(s), and/or any of their directors, officers, subsidiaries, affiliates, employees, agents, successors or assigns, (collectively, “Rental Opportunity Sponsors”).
I AGREE TO RELEASE THE RENTAL OPPORTUNITY SPONSORS FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury (including death) that I or my next of kin may incur resulting from my participation in the Rental Opportunity. I understand that this waiver and release does not extend to intentionally wrongful acts on the part of the Rental Opportunity Sponsors.
I EXPRESSLY WAIVE ANY BENEFITS I MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CODE, or any other law, that provides that a general release does not extend to claims which I do not know of or suspect exist, which if known by me may have materially affected my decision to sign this agreement.
I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE RENTAL OPPORTUNITY SPONSORS from and against any and all liability for any claim or loss, including personal injury, death, property loss, attorney fees, and litigation costs resulting from my participation in the Rental Opportunity.
I AGREE AND UNDERSTAND that, on behalf of myself, my personal representatives and my heirs, I AM RELINQUISHING ANY AND ALL RIGHTS I NOW HAVE OR MAY HAVE IN THE FUTURE TO SUE the Rental Opportunity Sponsors for any and all injury, damage, or death I may suffer arising from ORV riding or its equipment, or participation in the Rental Opportunity, including claims based on the Rental Opportunity Sponsor’s negligence.
I HEREBY GRANT to the Rental Opportunity Sponsors, and those acting with their authority, the unrestricted, perpetual, worldwide right and LICENSE TO USE MY NAME, PHOTOGRAPH, LIKENESS, VOICE AND BIOGRAPHICAL INFORMATION, and any photograph, video or audio tape that may be taken of me or that includes such materials without further compensation or notice to or permission from me or any third party.

Accidental Damage Waiver

The undersigned hereby rents from Maui Adventure Tours, LLC (“Operator”) the following described off-road vehicles (collectively referred to as “ORV(s)”) and/or related equipment for a limited period of time, upon the following terms and conditions.

NO WARRANTY – INHERENTLY DANGEROUS ACTIVITY – NO INSURANCE PROVIDED

Operator makes no warranty of any kind, nature or description, express or implied, as to the quality and manufacture, safety, drivability, or fitness for any particular purpose of any ORV or equipment covered by this agreement. I (We), the undersigned, accept any ORV or other equipment provided by Operator in its “as is” condition with all faults. I (We) hereby acknowledge that riding ORVs is a dangerous activity, with a high risk of serious bodily injury or death to others or oneself. Operator does not provide medical insurance and advises that serious injuries can be financially devastating. I (We) personally accept all risks and liabilities of this activity. It has been explained to me (us) and I (we) understand that by executing this document I (we) am/are giving up important legal rights. It is my (our) further intention to give up those rights and in good faith to relieve and release Operator of any duty legally owed to me in relation to the conduct of this activity.

TERMS AND CONDITIONS – READ THIS CAREFULLY – RENTER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH VEHICLE DAMAGE

This is a contract for the rental of the ORV and equipment. We may repossess the ORV at your expense without notice to you, if the ORV is abandoned or used in violation of law or this Agreement:

DRIVER(S) RULES:
1. Driver of ORV must be at least 18 years of age and possess a valid driver’s license.
2. Driver will wear Safety Gear and seatbelt when operating the ORV.
3. Driver will not consume alcohol, drugs, or ingest any substances that could/would adversely affect the ability to safely/successfully operate the ORV.
4. Driver will operate ORV ONLY on areas legal by state and local law, designated trails/areas within licensed premises designated by Maui Land and Pineapple Company and will NOT TRESPASS on any property on which Driver is not authorized to operate the ORV. Renters may not transport the ORV, in any manner, to other surrounding recreational ORV locations.
5. Driver will ONLY carry minor passengers if Driver is at least age 25 and the Parent/Guardian of the passenger, will ONLY carry the number of passengers for which the ORV was designed, will ONLY carry passenger(s) who have signed this Agreement and the accompanying Waiver, will require each such passenger to wear proper safety equipment and a seat belt.
6. Driver will not, and will not carry any passengers, who have consumed alcohol, drugs, or ingested any substances that could/would adversely affect their ability to safely/successfully drive or ride in the ORV.
7. No Driver is pregnant, recent recipients of surgeries, persons with back/knee problems or any other serious health conditions.
PASSENGER(S) RULES:
1. Passenger must be able to grasp handholds and firmly plant his or her feet, with back fully against the seat back rest. Minor passengers must be accompanied by a Parent/Guardian.
2. Passenger will wear Safety Gear and seatbelt when riding in the ORV.
3. Passenger will not consume alcohol, drugs, or ingest any substances that could/would adversely affect the ability to safely/successfully ride in the ORV.
4. No Passenger is pregnant, recent recipients of surgeries, persons with back/knee problems or any other serious health conditions.
SAFETY GEAR STATEMENT AND RELEASE FORM. I understand and agree that:
1. I and any passengers will wear a CERTIFIED (DOT, SNELL, or ECE) helmet, eye protection, gloves, closed-toe shoes and long sleeves (Safety Gear) at all times while driving/riding in an ORV.
2. I and any passengers will, at all times, wear a seatbelt in addition to helmet/goggles if driving/riding in an ORV.
3. Operator has stressed the requirement to wear Safety Gear.
4. I have watched the safety video and have been thoroughly briefed on how to successfully and safely operate the ORV.
5. Although wearing Safety Gear reduces my risk of injury, it does not in any way guarantee my safety.
6. I will bring Safety Gear loaned or rented to me by Operator back in the SAME condition it was in upon check-in date. Any damages or losses to equipment will be charged/billed to me and/or deducted from the security deposit.
Limitation of Use and responsibility for Loss or Damage. I agree that only the persons signing or otherwise identified in this Agreement will operate the rented ORVs, other vehicle(s) or equipment and that passengers will not be carried except to the extent such ORV is designed for such use. No drivers under the age of 18 years will be permitted to drive under any circumstances. Should any undersigned person, any minor under my control or any person with permission of any undersigned operate any above referenced vehicle or equipment in such a manner or fail to exercise adequate care of the same so as to result in theft, loss of or damage to such vehicle or equipment, I agree to be personally liable and financially responsible for all loss of and damage caused to any ORV, other vehicle or equipment covered by this agreement, regardless of whether or not I have forfeited a damage deposit. I AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I also agree to pay for the loss of use of any ORV at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 14 days. I hereby authorize Operator to charge my credit card account provided as part of this transaction for any and all additional rental, damage and loss of use charges that I may incur under the terms of this agreement.
DAMAGES–CHECK-IN/CHECK-OUT. I understand and agree that:
1. I will check-in (return) the ORV in the EXACT same condition it was in upon check-out (pickup). Note: acceptable tire tread-wear is expected; however, excessive wear / damage will be charged. Drive belt breakage is considered damage.
2. ANY and ALL Damages/Losses sustained to the ORV during the rental period are my responsibility and are to be paid for by ME, the renter.
3. I will pay for Damages/Losses/Penalties up to $4,000.00 out of my security deposit. I agree that I will be charged for all damage and up to the FULL RETAIL VALUE OF THE MACHINE.
4. If the ORV is too dirty to assess full condition of machine upon check-in date, machine will be fully inspected again after it has been thoroughly cleaned by rental facility. If damages are found after this is performed, these charges will be applied and paid in full by my security deposit. Damages, penalties, and any other additional charges will be taken from my security deposit – a receipt of the additional charges is available upon request.
5. I will pay for Damages/Losses/Penalties beyond security deposit within 15 days of receiving bill for damages via secured funds (certified check/money order) or credit/debit card. I will be billed/charged by Operator as soon as possible. Operator will hold my security deposit no longer than 15 days after check-out date IF there are no damages. If there are damages, deposit will be held until payment is made.
6. I agree to operate ORV in/on authorized ORV (Off-Road-Vehicle) areas. If ORV is rendered inoperable, regardless of who’s at fault, on any property other than a mapped and licensed ORV area, I, the renter will be charged any and all recovery costs to bring the ORV back to rental facility.
7. You are responsible for all damage to the Vehicle, including damage caused by weather, acts of god or terrain conditions.
ORV RENTAL SCHEDULE. I understand and agree that:
1. Check-in time is no later than the specified tour beginning time.
2. Check-out time is no earlier than the specified tour end time.
3. There are no refunds/discounts if I am late picking up the ORV.
REFUND POLICY TERMS AND RELEASE FORM. I understand and agree that:
1. I cannot get a refund on my reservation unless I notify Operator 48 hours or further in advance, in which case it will be subject to forfeiture of reservation deposit funds. Any later notice will be subject to NO refund.
2. If weather adversely affects the ability to utilize the ORV, Operator is under NO obligation to issue a refund or discount.
3. If the ORV fails, I am REQUIRED to contact Operator immediately. Failure to make contact will delay or forfeit any possible refunds. Depending on availability and circumstances of failure, Operator will then replace the ORV and issue a refund for the portion of the day the failure occurs. If the ORV is disabled and cannot be replaced due to lack of availability, a refund for the day of failure and the remainder of the rental period will be issued.
4. If I am not satisfied with the overall experience of off-road trails/areas, Operator is in no way responsible.
5. If I get injured during the rental period and am unable to continue my rental experience for the rental time already purchased, Operator is not responsible and under no obligation to issue any refunds.
NON-TAMPER AGREEMENTAll vehicles supplied by Operator are properly maintained and adjusted for reliable and safe operation. Adjustments and maintenance done to, and not limited to the following, are to be performed by individuals approved by Operator only: Brakes, Throttle, Steering, Suspension, Electronics, Cooling System and Fuel System. Failure to comply with these rules will result in partial or full forfeiture of renter’s security deposit on vehicle. If at any time you as the renter feel something is out of adjustment or needs attention in any way, the vehicle is to be returned to the rental facility where it can be attended to by individuals approved by Operator.
MISCELLANEOUS.
1. You release Operator, Maui Land and Pineapple Company Inc., Polaris Industries, Inc., our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the ORV or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
2. No term of this Agreement can be waived or modified except by a writing that we have signed.
3. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any ORV or other equipment obtained from Operator, for death or injury to any person or property and for all other risks and liabilities arising from the use, condition and possession of the above identified ORV or any other ORV and/or equipment received or obtained from Operator.
WAIVER AND RELEASE OF CLAIMS AND COVENANT NOT TO SUE. This Rental Agreement is entered into in conjunction with Waiver, Consent, Release, and Hold Harmless Agreement.
INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Operator, Maui Land and Pineapple Company Inc. and Polaris Industries, Inc., their subsidiaries, shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the rental, use and/or operation, condition or possession of the above referenced ORV or any other ORV or other equipment received or obtained from Operator. The undersigned likewise shall indemnify Operator, Maui Land and Pineapple Company Inc. and Polaris Industries Inc., its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement.
PARTIAL INVALIDITY/CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Hawaii.
EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorney fees and all costs and expenses incurred in pursuit thereof.

Privacy

Our team here at Maui Off-Road Adventures values your trust, and makes it a high priority to ensure the security and confidentiality of the personal information you provide to us. Below you will find our Privacy Policy. We encourage you to please read our policy to learn about our privacy practices so you can better understand what we collect from you, why we collect it and your rights. Remember, by visiting our website or using our services, you are accepting our practices. Mahalo!

We collect personally identifiable information from you when you register on our site, place a reservation order, subscribe to our newsletter, respond to a survey, fill out a form or input data on our site in any way.

When booking reservations through or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, gender, certification level, experience level, or other clothing size, hotel information, or other information as requested by the companies that use our service. You may, however, visit and browse our sites and offerings and not enter any of your personally identifiable information.

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions (In addition to processing your bookings with the companies that use our services, the email address you provide during booking processing may be used to send you information and updates pertaining to your reservation, in addition to receiving occasional company news, updates, related product or service information,
To provide services to the companies that use Maui Adventure Tours, LLC
To administer a contest, promotion, survey or other site feature
To send periodic emails

We also may collect and store information about you that we receive from other sources to, among other things, enable us to verify, update and correct the information contained in our databases, prevent fraud, provide services to our other clients, and to better customize your experience on our site.

Note: If at any time you would like to unsubscribe from receiving future marketing emails, please contact [email protected].

We implement a variety of security measures to help maintain the safety of your personal information when you reserve a booking or enter, submit, or access your personal information.

All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology. This information is then encrypted in our payment provider’s systems, may only to be accessible by those authorized with special access rights to such systems, and they are required to keep the information confidential. Please understand that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet can be guaranteed to be 100% secure.

After a transaction, your personal information may be kept on file in order to archive reservation data, help improve the customer experience, and for other business purposes.

Web cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements, market our services, and compile data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use any personally identifiable information collected on our behalf except to help us conduct, improve or market our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still reserve a booking over the telephone by contacting the company’s customer service number directly. Your browser or device may include “Do Not Track” functionality. Maui Adventure Tours information collection and disclosure practices and the choices we provide, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

We allow third-party advertising companies to collect certain information when you visit our site. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you (i.e. interest-based advertising). They may also use persistent identifiers to anonymously track your Internet usage over time and across other websites in their networks beyond our site. Google, as a third-party vendor, also uses cookies to serve ads. Google’s use of the DART cookie enables it to serve ads based on your visits to Maui Adventure Tours sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

We provide your information to the third-party companies that use our service to book online reservations. We share information about your reservation and also may include information about how you use and interact with our site, such as your reservation history, which activities you like or are recommended for you, and other information. In some cases, we may provide these third-party companies with analytics and other information about your interaction with our service via their website. Please note that this Privacy Policy does not apply to those third-party companies and Maui Adventure Tours is not responsible for how they use, maintain or disclose your information.

We also use third-party service providers who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site’s policies, or protect our or others rights, property, or safety in anyway legally or most appropriate to the situation at our sole discretion.

We may share your personal information with our business partners or co-marketers from time to time. Although our treatment of your personal information is governed by this Privacy Policy, the third party’s treatment of your information will be governed by their privacy policy. Non-personally identifiable or aggregated information may also be provided to other parties for marketing, advertising, or other uses.

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California law permits California residents to request certain information regarding Maui Adventure Tours’s disclosure of their personally identifiable information to third parties for those third parties’ direct marketing purposes. To make such a request, please send an e-mail to [email protected] specifying that you seek your “California Customer Choice Notice.” Please allow up to thirty days for a response.

All users of our site may update their information at any time by logging into their control panel and going to the ‘Edit Profile’ page. We reserve the right to not accommodate a request to change your information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

Maui Adventure Tours sites are a general audience websites and do not offer services directed to children. You must be 16 years of age or older to book using Maui Adventure Tours’s sites. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information and will delete the information. Bookings made by underage individuals without consent will not be honored. If you believe that Maui Adventure Tours has been provided with the personal information of a child under 13 without parental consent, please notify us immediately at [email protected].

If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected in accords with this policy. By using our services and voluntarily submitting your information to us, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to and storage of that information in the United States.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

Maui Off Road Adventures LLC

Lahaina Adventure

4900 Honoapiilani Highway

Lahaina, Hawaii 96761

[email protected]

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

By using our site, you consent to our Privacy Policy and Terms of Use.

We may change our ownership or corporate organization while providing our sites or services. We may also sell certain assets associated with the sites or services. As a result, please be aware that in such event we may transfer some or all of your information to an entity acquiring all or part of our assets or to another entity with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, we cannot promise that the acquiring or merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

We reserve the right to modify or amend the terms of this Privacy Policy from time to time. Your continued use of our sites or services following the posting of changes will mean you accept the new Privacy Policy as modified. If we decide to change our Privacy Policy, we will post those changes on this page and they will be effective immediately.

Entire Agreement

These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and MORA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.