Terms of Service | Waiver and Release of Liability Agreement

Terms of Service:

Thank you for choosing Oahu Best Tours, If Can, Can. LLC, (OahuBestTours.com) as your tour agency. By using our services, you agree to the following terms and conditions:

  1. Booking and Payment: You may book our tour services through our website or by contacting us directly. Payment for our tour services is due at the time of booking, unless otherwise agreed upon in writing. We accept major credit cards, cash, and other forms of payment as indicated on our website.

  2. Oahu Best Tours is a reseller of other operator’s tours. Once booked, customers will be able to contact the operator directly for any questions or concerns. It is the responsibility of the customer to provide accurate email and phone numbers during the booking process. Confirmation of the booking will be sent via email to the customer. Any changes or cancellations must be made in accordance with the operator's policies. Oahu Best Tours is not responsible for any issues that may arise during the tour, as these are the responsibility of the specific tour operator.

  3. Tour Conduct: We strive to provide a safe and enjoyable tour experience for all of our customers. We expect all customers to behave in a respectful and responsible manner during the tour. We reserve the right to refuse service or terminate a tour if a customer’s behavior poses a safety risk or disrupts the tour experience of other customers. Customers are responsible for any damages they cause to property or equipment during the tour.

  4. Cancellation and Refunds: If you need to cancel or amend your tour, please notify us 24 -48 hrs before the tour start time.. No Cancellation or refund within 24 hrs of tour start time. No show will be charged 100%. Cancellation fees may apply, depending on the timing of your cancellation and the type of tour booked. We reserve the right to cancel or modify tours due to weather, mechanical issues, or other circumstances beyond our control. In such cases, we will offer you an alternative tour.

  5. Liability and Indemnification: We are not responsible for any injuries, damages, or losses sustained during the tours or third party activity / activities. Customers participate in the tours at their own risk. Customers are responsible for obtaining any necessary travel visas, passports, or other travel documents required for the tour. Customers agree to indemnify and hold harmless If Can, Can. LLC, dba; Oahu Best Tours, its employees, and agents from any claims, damages, or liabilities arising from their use of our tour services. Please read the full disclosure of our “Waiver and Release of Liability Agreement” below.

  6. Intellectual Property: All content on our website, including text, graphics, images, and logos, is the property of Oahu Best Tours or our licensors and is protected by intellectual property laws. You may not use our content for any commercial or non-commercial purpose without our prior written consent.

  7. Privacy We collect and use personal information in accordance with our Privacy Policy, which is incorporated into these Terms of Service by reference.

  8. Governing Law and Dispute Resolution: These Terms of Service are governed by the laws of the State of Hawaii. Any disputes arising out of or related to these Terms of Service or our tour services shall be resolved exclusively in the state or federal courts located in Honolulu, Hawaii.

  9. Changes to Terms of Service: We may update these Terms of Service from time to time. We will notify you of any material changes to these Terms of Service by posting the updated Terms of Service on our website or by other means.

  10. Contact Us: If you have any questions or concerns about these Terms of Service or our tour services, please contact us:

Thank you for choosing Oahu Best Tours. We look forward to providing you with a memorable experience.

WAIVER AND RELEASE OF LIABILITY AGREEMENT

IF CAN, CAN. LLC dba: OAHU BEST TOURS
(VEHICLE CIRCLE ISLAND TOUR WITH SNORKELING & SWIMMING ACTIVITIES)

By booking and participating in the vehicle circle island tour and related snorkeling and swimming activities (the “Activities”) offered by If Can, Can. LLC dba: Oahu Best Tours (the “Company”), I, as the lead traveler, acknowledge and agree to the following terms on behalf of myself and all participants in my booking group (collectively, the "Participants"). By completing the booking, I confirm that I have the authority to accept these terms on behalf of all Participants.

1. Acknowledgment of Risks

I understand that participation in the Activities, which includes traveling in vehicles, snorkeling, swimming in the ocean, and other related outdoor activities, involves inherent risks, including but not limited to:

  • Accidents or injuries during travel or while entering and exiting the vehicle.

  • Drowning, injury, or illness resulting from snorkeling, swimming, or other water activities.

  • Contact with marine life, such as jellyfish, coral, or other sea creatures, which may result in stings, bites, or allergic reactions.

  • Weather conditions, ocean currents, waves, or other environmental hazards that can lead to injury, illness, or death.

I understand that these risks may result in serious physical injury, illness, permanent disability, or death and that these risks cannot be entirely eliminated. I voluntarily choose to participate in the Activities and confirm that all Participants do so with full awareness of these risks.

2. Assumption of Risk

I and all Participants fully accept and assume all risks, both known and unknown, associated with participation in the Activities. We are voluntarily participating in these Activities and assume full responsibility for any loss, damage, or injury, including death, that may be sustained.

3. Waiver of Liability

In consideration of being allowed to participate in the Activities, I, on behalf of myself, the Participants, our heirs, executors, administrators, assigns, and legal representatives, hereby voluntarily and fully release, discharge, and hold harmless If Can, Can. LLC dba: Oahu Best Tours, its owners, officers, employees, agents, contractors, and affiliates (collectively, the “Released Parties”) from any and all claims, actions, suits, demands, liabilities, or expenses, whether known or unknown, arising from or related to any loss, damage, injury, or death we may sustain as a result of participation in the Activities, including but not limited to claims arising from the negligence of the Released Parties.

4. Indemnification

I agree to indemnify and hold harmless the Released Parties from any claims, damages, costs, or expenses, including attorneys’ fees, arising from or related to our participation in the Activities or any breach of this Agreement.

5. Medical Authorization

I certify that all Participants, including myself, are physically capable of participating in the Activities and have no medical condition that would prevent us from safely participating. I agree to assume full responsibility for any medical expenses incurred due to any injury or illness sustained during the Activities. In the event of an emergency, I authorize the Released Parties to seek medical care on behalf of the Participants.

6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Any legal action or proceeding arising out of or related to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in Honolulu, Hawaii.

7. Photography/Video Release

By participating in the Activities, I grant permission for the Company to take and use photographs, videos, or other recordings of the Participants for promotional, advertising, or other business purposes without compensation.

8. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. Acknowledgment of Understanding

By completing the booking, I acknowledge that I have read and understood this Waiver and Release of Liability Agreement and agree to its terms on behalf of myself and all Participants. We understand that participation in the Activities is voluntary and that this Agreement provides a complete and unconditional release of liability to the greatest extent allowed by law.

This waiver ensures that by booking the tour, the lead traveler agrees to the terms on behalf of all participants, without requiring individual signatures. It protects If Can, Can. LLC dba: Oahu Best Tours from any legal or financial liability related to the activities offered.