Resolving customer concerns where reasonably possible to do so is important to us. If you have a concern that has not been resolved, you may contact Owner Services at (888) 477-6967. If we cannot agree on a resolution, then any dispute must be resolved as set forth herein. The resort may deny access or remove any guest whose behavior is unsafe, unlawful, or disruptive, without refund. 

By making a reservation, using the resort website, checking in, visiting, entering, participating in activities, and/or staying at the resort (“Attendance”), you acknowledge and assume all risks associated with your Attendance. These risks may include, but are not limited to, slippery surfaces, trip hazards, wildlife, bug bites, food and beverage consumption, equipment malfunctions, website or online system errors, service interruptions, technical malfunctions, contagions, natural disasters, personal injuries, and acts of God. You further agree to release, indemnify, defend, hold harmless, and discharge Association of Unit Owners of Makai Club at Princeville, Association of Unit Owners of Makai Club Cottages at Princeville, The Makai Club, The Cottages Interval Owners Association, Grand Pacific Resort Services, L.P., and their respective affiliates, parent companies, subsidiaries, officers, directors, employees, agents, volunteers, participants, and all other persons or entities acting on their behalf (together, “Makai Club Resort”), from any and all liability, claims, demands, actions, or causes of action, whether known or unknown, arising out of or related to your Attendance, on behalf of yourself and any minors, guests, or invitees under your care, as well as your heirs, assigns, agents, personal representatives, and estate.  

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT 

Agreement to Arbitrate. You and Makai Club Resort (“the Parties”) agree that any dispute, claim, or controversy arising out of or relating to your Attendance, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved exclusively by binding arbitration between you and Makai Club Resort, except that each Party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. You represent and warrant that you are the parent or legal guardian of any minors in your care and have full authority to bind them to this Agreement. 

Applicable Rules and Administrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and Mediation Procedures (the “Rules”), or if AAA is unable to serve, by Judicate West. The Rules are available at https://www.adr.org/rules-forms-and-fees/consumer/. 

Arbitration Rules and Governing Law. The arbitration will be decided by a single neutral arbitrator. The parties agree that this transaction involves interstate commerce and that this arbitration provision shall be governed by the Federal Arbitration Act (“FAA”) and resolved under state substantive law. The arbitrator shall have the authority to award the same damages and relief on an individual basis that a judge in a court of law would have the authority to award (including injunctive relief, punitive damages, and statutory damages). 

Arbitration Fees. Makai Club Resort will pay all arbitration fees and costs (including filing, administrative, hearing, and arbitrator’s fees) that you would not otherwise be required to pay if the dispute were decided in a court of law. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the applicable Rules. 

Waiver of Jury Trial. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. 

Class Action Waiver. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. Unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.  

Venue. The arbitration hearing shall be conducted in Kauaʻi County, Hawaii, or at another mutually agreed location. To reduce costs and burdens, the parties agree that arbitration may be conducted via videoconference, telephone, or written submissions to the extent permitted by the arbitrator.