Legal Entities Covered: This Digital Waiver and Release of Liability (“Waiver”) applies to Hawaiian Wahine, Inc. (operating Hele On Kauai Bicycle Rentals for traditional pedal bicycles) and Hawaii Ebikes LLC (operating Hele On Kauai E-Bike Rentals for electric bicycles). Both entities are collectively referred to as the "Company."

NOTICE: This is a legally binding agreement. By electronically signing this Waiver, you acknowledge that you have read, understood, and agreed to all terms. If you have any questions or do not understand any provision, do not sign until you have consulted the Company or legal counsel. This Waiver contains a release of liability and waiver of certain legal rights, including the right to sue for injuries or damages resulting from inherent risks of bicycling and e-biking ****. It also includes specific sections on assumption of risk, helmet use, equipment responsibility, financial liability, cancellation policy, minor participant consent, and electronic signature consent.

1. Participant Information and Acknowledgment

• Name: (Participant’s Full Name)
• Date of Birth: (Participant must be at least 18 years old to sign; see Section 8 for minors)
• Phone/Email: (Contact information for notifications and confirmations)
• Date: (Current Date)

By proceeding, the Participant (or Parent/Legal Guardian for a minor) acknowledges they are of lawful age to sign and have provided accurate personal information.

2. Assumption of Inherent Risks (Pedal & Electric Bicycles)

2.1 Definition of Inherent Risks: Participant understands that renting, riding, or otherwise operating a bicycle or electric bicycle (“E-bike”) is an outdoor recreational activity involving inherent risks that cannot be completely eliminated, even with safety measures. Inherent risks are dangers or conditions integral to the activity—those that a reasonable person would understand are part of bicycling by its very nature. These include but are not limited to:

• Terrain and Pathway Hazards: Uneven or slippery surfaces, potholes, loose gravel, sand, mud, or debris on roads and bike paths.
• Natural Conditions: Weather-related effects (rain, wind, heat, flash floods), falling branches, animal crossings, or insects (including stings or bites).
• Traffic and Collisions: Interaction with motor vehicles, other cyclists, pedestrians, or stationary objects (parked cars, fences, signs).
• Equipment-Related Risks: Unexpected mechanical failures such as flat tires, brake malfunctions, chain breaks, or electrical malfunctions on e-bikes.
• Rider-Related Risks: Loss of balance or control, falls from the bicycle, overestimating one’s ability, or user error in operating the bicycle or e-bike.
• Visibility and Environment: Sun glare, darkness or limited visibility (especially if riding near dawn/dusk or at night), and other environmental conditions.

2.2 Participant Health & Ability: Participant asserts they are physically and mentally capable of participating in bike riding activities. The Participant has no medical conditions or impairments that would compromise their ability to safely ride a bicycle or e-bike (e.g., seizures, vision/hearing impairments not accommodated, balance disorders). Participant confirms they have no known health-related reasons or problems precluding safe participation. If there are any health concerns (recent injuries, surgeries, pregnancy, heart or respiratory issues, etc.), the Participant has consulted a physician and been cleared to ride.

2.3 Acknowledgment of Instruction: The Company will provide basic instruction or a safety briefing on how to operate the bicycle or e-bike (including how to start, accelerate, brake, and any unique e-bike features). Participant confirms they have received and understood all necessary instructions or demonstrations for safe riding and had an opportunity to ask questions. If at any time the Participant feels they have not understood the instructions or the operation of the bicycle/e-bike, they agree not to ride or to ask for additional guidance before riding.

2.4 Voluntary Assumption of Risk: After careful consideration of the inherent risks described and any personal conditions, Participant voluntarily agrees to participate in bicycle or e-bike riding and assumes all inherent risks of the activity. This means the Participant accepts full responsibility for any bodily injury, illness, death, emotional harm, or property damage that may result from these inherent risks even if injuries or damages occur in a way that is not readily foreseeable at the time of signing this Waiver.

3. Release of Liability & Waiver of Claims

3.1 Release of Company from Inherent Risk Claims: Participant hereby releases and discharges the Company and its owners, officers, managers, employees, agents, instructors, contractors, affiliates, and all related entities (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action that arise out of or are related to any injury, disability, death, or property damage sustained by the Participant due to the inherent risks of bicycling or e-biking ****. This release includes losses resulting from inherent risks even if the Participant was not aware of a specific risk, as long as it is inherently associated with bicycling/e-biking as described in Section 2.

3.2 No Release for Gross Negligence or Wanton Acts: This Waiver does not release the Company from liability for acts of gross negligence or wanton, willful misconduct. Under Hawaii law, any waiver attempting to release liability for such extreme conduct would be void against public policy. Participant is not waiving any claims for damages that arise from the Company’s intentional or grossly negligent acts that are beyond ordinary negligence or the inherent risks of the activity.

3.3 Liability for Negligence – Participant Understanding: Participant understands that Hawaii state law generally precludes recreational activity operators from being relieved of liability for their own ordinary negligence. This Waiver is intended to be interpreted and enforced to the fullest extent permissible under Hawaii law, which means:

• The Company shall remain liable for injuries proven in a court of law to have resulted from the Company’s negligent acts or omissions (a failure to exercise reasonable care). By signing this Waiver, Participant is not absolving the Company from the duty to exercise reasonable care for safety ****. However, Participant agrees not to claim that ordinary negligence by the Company caused injuries, unless the injury clearly did not result from an inherent risk of biking.
• This Waiver reinforces the Participant’s assumption of inherent risks (Section 2) and serves as an express agreement that if an injury occurs due to an inherent risk, the Participant will not hold the Company responsible. It also indicates Participant’s agreement not to sue or hold the Company liable for injuries resulting solely from those inherent risks.

4. Indemnification & Hold Harmless Agreement

4.1 Participant’s Agreement to Indemnify: To the fullest extent allowed by law, Participant agrees to indemnify and hold harmless the Released Parties from any and all losses, liabilities, damages, costs, or expenses **** arising out of or related to third-party claims caused by Participant’s actions. This means: if Participant’s actions (including negligence, willful misconduct, or failure to follow rules) in connection with the use of the bicycle/e-bike or participation in biking activities cause injury or damage to another person or property, the Participant will reimburse or cover (indemnify) the Company for any money the Company has to pay (including judgments, settlements, or legal fees) as a result of those actions.

4.2 Parent/Guardian Indemnification (for Minors): If the Participant is a minor (under 18 – see Section 8), the Parent or Legal Guardian signing on behalf of the minor agrees to indemnify and hold harmless the Released Parties from any claims or liabilities arising from the minor’s participation, to the maximum extent permitted by law.

4.3 Broad Construction: This indemnification and hold harmless clause is intended to be construed as broadly as Hawaii law permits in favor of the Company ****. If any portion of this clause is found unenforceable (for example, if Hawaii law prohibits part of the indemnity for minors), the remainder shall still be enforced.

5. Safety and Equipment Use Terms

5.1 Acknowledgment of Helmet Use: Participant acknowledges that Hawaii law requires all bicyclists under 16 years of age to wear a helmet when riding a bicycle or e-bike on public property. The Company strongly recommends that all riders, regardless of age, wear an approved bicycle helmet at all times while riding.

Helmet Acceptance for Minors: If the Participant is under 16, helmet use is mandatory by law. The Parent/Guardian certifies that a properly fitting helmet will be worn by the minor at all times during the activity. It is a condition of this rental that minors without helmets will not be allowed to ride. If a minor removes their helmet, the activity will be stopped until the helmet is properly worn again, or the rental may be terminated without refund for safety non-compliance.

5.2 Safety Equipment and Instructions: The Company will provide safety equipment as appropriate (helmet, bike lock, reflective vest for night, lights on bikes as required by law after dark, etc.). Participant agrees to use all provided safety equipment as instructed. Participant confirms that the bike’s brakes, tires, lights, and other critical components have been checked by the Company in their presence before riding. Participant will immediately notify the Company of any mechanical issues noticed before or during the ride and will stop using the bicycle/e-bike if any issue arises that could affect safe operation (e.g., brake failure, wheel wobble).

5.3 Prohibited Uses: Participant agrees NOT to use or permit the bicycle/e-bike to be used in any of the following ways:

• Illegally or Contrary to Laws: In violation of any traffic laws, road signs, or local ordinances. This includes not riding on sidewalks where prohibited, obeying all traffic signals, and not riding under the influence of drugs or alcohol (which is illegal and dangerous).
• Passenger Prohibition: The rental bikes are for single riders only. Participant will not carry any passengers (including children in seats or trailers) unless using equipment specifically provided and approved by the Company (e.g., a child seat attachment, if offered). The Participant confirms that e-bikes will only be used by persons 16 or older, per Company policy and Hawaii state guidelines, and will not carry children as passengers on an e-bike.
• No Stunts or Racing: Not to use the bicycle/e-bike for racing, mountain biking on unauthorized trails, stunts, jumps, or tricks. These rentals are for leisure and transportation use on approved roads, paths, and trails only.
• Restricted Areas: Not to ride into areas that are clearly dangerous or off-limits (such as rocky shorelines, hiking-only trails, highways where cycling is prohibited, or any area explicitly disallowed by the Company). Not to submerge the bike in water (beyond normal puddles or rain) or expose the e-bike to water that could damage electrical components.
• No Modifications: Not to modify or tamper with the bicycle/e-bike. This includes not removing safety features, not adding motors or tow trailers (unless provided by the Company), and not attempting repairs beyond basic chain reattachment or tire inflation.
• Supervision of Minors: For minors, the Parent/Guardian agrees to directly supervise and ensure the minor follows all safety rules. Minor riders (especially those under 16) must be accompanied on the ride by an adult or ride in a guided group if required by the Company’s policy.

Any violation of these safety or use provisions may result in immediate termination of the rental with no refund, and the Participant will be responsible for any damages or legal penalties resulting from prohibited conduct.

6. Financial Responsibility for Equipment & Damages

By signing this Waiver and renting a bicycle or e-bike, Participant agrees to the following financial terms:

6.1 Return of Equipment: Participant will return the bicycle/e-bike and all rented gear (helmet, lock, etc.) by the agreed date and time in the same condition as received, ordinary wear and tear excepted. Ordinary wear and tear does not include damage such as bent rims, cracked frames, significant scratches, or any functional impairment (and for e-bikes, it does not include damage to the battery or motor due to misuse or dropping). If the Participant anticipates being late, they will contact the Company as soon as possible to request an extension (additional fees may apply).

6.2 Damage or Loss: Participant agrees to pay for any damage to or loss of the equipment during the rental period. This includes:

• Repairable Damage: The cost of parts and labor for necessary repairs at standard shop rates. Example: fixing a bent wheel, replacing a damaged tire, repairing brake lines, or fixing the e-bike motor due to submersion. The Company will provide an itemized invoice or repair estimate upon request.
• Total Loss: If the bike or equipment is lost, stolen, or damaged beyond reasonable repair, the Participant agrees to pay the full replacement cost of the item (up to a maximum of the retail value of a new equivalent bicycle/e-bike of the same make/model). For reference, the replacement cost for bikes may range from $300 – $2,500 depending on model, and for e-bikes $1,500 – $4,000. The Company can provide the specific value for the rented model on request. If a stolen bike is later recovered in good condition, the Company will refund any replacement cost paid, minus any applicable late fees or costs incurred.
• Protective Gear & Accessories: Loss or damage to helmets, locks, keys, or other accessories will incur a replacement fee (e.g., $30 for a lost helmet, $30 for a lost lock key, etc., or as specified in the rental agreement).

6.3 Credit Card Hold: Participant authorizes the Company to charge the credit card provided for rental for any additional charges incurred under this Section 6 (damage, loss, theft, late return fees, extended rental time, etc.). This authorization includes charging for the full replacement cost of the equipment if not returned or if severely damaged. The Company will make a good faith effort to communicate charges to the Participant before processing (providing notice of damages and amounts due), but retains the right to charge the card on file if the Participant is unavailable or unresponsive beyond the due return date.

6.4 Duty to Report Incidents: In case of accident, theft, or damage involving the bike, Participant agrees to:

• Notify the Company immediately at the provided emergency number [+1(808)822-4628].
• For accidents involving third parties or significant injuries/property damage, call 911 or local law enforcement to report the incident and obtain an official report.
• Cooperate with the Company and insurance claims by providing a detailed account of the incident, including any photos or evidence if available.
• Not abandon the bike except if necessary for immediate medical emergency; ensure the bike is secured and safe if Participant must leave it unattended (e.g., if taken by ambulance).

6.5 Insurance: Participant understands that the Company’s insurance may not cover the Participant’s medical treatment or liability to third parties in case of an accident that is the Participant’s fault. The Participant is responsible for their own health insurance and any personal liability insurance. If the Participant has personal travel insurance or homeowner’s insurance that covers liability for bicycle accidents or rental equipment, those policies would be primary for any claims. The Company’s liability insurance will only cover the Company’s own potential negligence or legal liabilities.

7. Cancellation & Refund Policy

7.1 Reservation Deposits: If Participant reserved a bicycle/e-bike in advance (online or in-person) and provided a deposit or payment, the following terms apply:

• Free Cancellation Period: Cancellations made 24 before the scheduled rental start time are eligible for a full refund of any deposit or prepayment.
• Late Cancellation: Cancellations made less than 24 before the rental may incur a cancellation fee of 100%. This fee compensates the Company for reserving equipment and turning away other customers. If the Participant simply does not show up (no-call, no-show) and does not cancel at all, the Company may charge up to the full amount of the first day’s rental as a no-show fee.
• Rescheduling: As an alternative to cancellation, Participant may reschedule the rental to another available date with no penalty if they contact the Company before the start time. Rescheduling is subject to availability and must be completed before the start of the rental period.

7.2 Early Returns: If Participant returns the bike earlier than the agreed rental period, no refunds will be provided for unused time, except at the Company’s sole discretion or if the early return is due to a mechanical failure that wasn’t the Participant’s fault and the Company has no replacement. In cases of Company-caused issues (e.g., the bike becomes inoperable and a replacement is not available), the Company will offer a pro-rated refund for the unused rental period or a credit for future rental.

7.3 Weather Policy: Kauai’s weather can be unpredictable. The Company reserves the right to cancel or postpone rentals due to severe weather for safety reasons (e.g., tropical storms, heavy rain causing flash floods, hurricanes, etc.). If the Company cancels due to weather or any safety-related closure, the Participant will be offered:

• A new rental time or date (reschedule), or
• A full refund of the rental, if rescheduling is not possible for the Participant.

If Participant chooses to ride in light rain or less-than-ideal weather (when the Company deems it safe to proceed), and later decides to cut the rental short, standard early return terms (7.2) apply. Participants are advised to check weather forecasts and plan accordingly.

7.4 Operator Cancellation: The Company may cancel a rental on the spot if Participant is found to be unfit to ride (e.g., intoxicated, not physically capable) or if Participant refuses to comply with helmet rules or other safety requirements at check-out. In such cases, if the ride hasn’t started, the Company will refuse service and may provide a partial refund (at its discretion, minus any administrative fees). If the ride has started and is terminated due to Participant’s misconduct or violation of this Waiver or safety rules, no refund will be given, and the Participant will be responsible for any damages or costs as per Section 6.

7.5 Documentation: All cancellation or refund requests should be made in writing (email or text with timestamp suffices) to avoid disputes. The Company will document reasons for any non-refunded cancellation. By signing, Participant acknowledges they have read and understand the cancellation and refund terms, and agree that these terms are reasonable given the nature of the business and local conditions.

8. Minor Participants – Parental Consent Required

Minors under the age of 18 may not sign this waiver on their own. A parent or legal guardian must complete the waiver, check the box, and sign on behalf of the minor participant. By doing so, the parent or guardian confirms that:

• They are legally authorized to sign on the minor's behalf.
• They have reviewed this entire waiver and agree to its terms.
• They consent to the minor’s participation in bicycling or e-biking activities.
• They accept all inherent risks described in this waiver on behalf of the minor.
• They agree to be financially responsible for any damage, injury, or claims that arise from the minor’s use of the equipment.
• They acknowledge that minors under 16 years of age are required by Hawaii law to wear a helmet at all times.

IMPORTANT: Staff may ask for proof of age or verify at check-in that the waiver was completed by a parent or legal guardian. If the waiver was completed by a minor, or if a minor is unaccompanied and under the minimum rental age for pedal or electric bikes, the rental may be canceled without refund.

9. Electronic Signature & Digital Agreement Consent

Because this Waiver is being completed on a digital platform (such as Bike Rent Manager, DocuSign, WaiverSign, or similar), the following terms apply:

9.1 Consent to Electronic Transaction: Participant (and Parent/Guardian, if applicable) consents to the use of an electronic record to document and sign this Waiver, in accordance with the federal E-SIGN Act and Hawaii’s Uniform Electronic Transactions Act (Haw. Rev. Stat. Chapter 489E). You may opt out of this and request a paper copy, but doing so may require in-person signing at our office. By proceeding with the electronic signing process, you agree that your electronic signature is legally binding just like a handwritten signature on a paper document.

9.2 Ability to Withdraw Consent: If you change your mind about signing electronically before submitting the Waiver, simply navigate away or close the form. Once submitted, the electronic signature and record will be retained, and a request to withdraw consent will not undo the signature already given. However, if you wish to have a paper copy to review, you can contact the Company for a duplicate paper form which you can sign and date; the Company will void the electronic version upon receiving the signed paper version before the activity begins.

9.3 Receiving a Copy: After completing this Waiver, you have the right to receive a copy of it upon request. The Company maintains a secure digital record of all signed waivers in accordance with its document retention policy (typically at least 20 years or as required by law). If you would like a copy of your signed waiver for your records, please contact us and we will provide it to you.

9.4 Signature Authentication: By signing electronically, you certify that no one else is signing on your behalf (unless you are the parent/guardian signing for a minor). The electronic process may capture your IP address, timestamp, and other authentication measures. This information can be used to verify the signature’s validity if ever challenged. You agree that such electronic evidence shall be admissible in legal proceedings to the same extent as an original paper document.

9.5 No 3rd Party Signing: You affirm that you are using your own electronic device or an authorized device to sign this Waiver. If you are completing this in the presence of a Company employee on a kiosk or tablet, you affirm that once the terms were presented to you, you personally affixed your electronic signature or initials where required.

10. Miscellaneous Provisions

10.1 Governing Law & Jurisdiction: This Waiver and any dispute arising from it or the rental/activity is governed by the laws of the State of Hawaii, without regard to its conflict of law principles. Participant agrees that in the event any litigation is brought, it shall be filed in a court of competent jurisdiction in the State of Hawaii, County of Kauai (or the U.S. District Court for the District of Hawaii, if federal jurisdiction is appropriate). Participant waives any objection to personal jurisdiction or venue in that forum. All provisions of this Waiver shall be interpreted to the maximum extent enforceable under Hawaii law – for example, wording like “to the extent permitted by law” is understood in all clauses, even if not expressly repeated.

10.2 Severability: If any part of this Waiver is found to be invalid or unenforceable by a court of law, such specific portion shall be severed and stricken from the agreement. The remaining terms shall continue in full force and effect. For example, if a court declares that a parent cannot waive a minor’s future claims (which is likely under Hawaii law), the rest of the Waiver (including the parent’s personal indemnity and the waiver for the adult participants) remains valid. It is the intent of the Participant and the Company that this Waiver be interpreted as broadly as possible in favor of releasing and protecting the Company, except where prohibited by law. Any ambiguities shall be construed in a manner that provides release of liability to the maximum extent permissible.

10.3 Entire Agreement: This Waiver constitutes the entire agreement between the Participant (and Parent/Guardian) and the Company with respect to liability and the subjects herein, and it supersedes any prior representations or agreements (whether oral or written) relating to the same matter. Participant acknowledges that no oral representations, statements, or inducements apart from this written agreement have been made by the Company or its staff. Any changes to this agreement must be made in writing and signed by an authorized representative of the Company. Participants cannot modify it by any oral statements.

10.4 Participant’s Understanding: By signing below, Participant confirms that they: (i) have carefully read this Waiver in its entirety, (ii) fully understand its contents and the consequences of signing (that Participant is giving up substantial rights and assuming risks), (iii) are signing it freely and voluntarily without any inducement or pressure, and (iv) agree that it is binding upon them, their heirs, family, and legal representatives. Participant has been encouraged to seek legal advice if unsure about any provision. If Participant is not fluent in English, they have had the Waiver translated or explained to them in their native language and understand it.

10.5 Signature (Digital or Physical): By signing, I acknowledge that I am signing a release of liability and waiver of legal rights. I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.