STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES General Terms and Conditions for Commercial Activity Unencumbered Land, State Public Beaches 01/13/16 (km)
1. The set-up, event, and restoration of the right-of-entry area or premises shall be limited to the date(s) and time(s) provided by the Applicant in the application, which in no event shall exceed two (2) hours.
2. The right-of-entry permit is subject to the payment of a non-refundable fee based on 10¢ per square foot, per event, per day, and further subject to a minimum fee of $20.00 per event.
3. Applicant shall procure at Applicant's own expense, and maintain during the entire period of the right-of-entry permit, from an insurance company or companies licensed to do business in the State of Hawaii, a policy or policies of comprehensive public liability insurance in an amount of at least $500,000 per incident and $1,000,000 aggregate insuring the State of Hawaii against all claims for personal injury, death, and property damage; that said policy shall cover the entire right-of-entry area or premises, including all improvements and grounds and all roadways or sidewalks on or adjacent to the said right-of-entry area or premises in the control or use by Applicant. Applicant shall furnish the Department of Land and Natural Resources (the "Department") with a certificate(s) showing the policy(s) to be initially in force and naming the State of Hawaii as additional insured and keep said certificate(s) on deposit during the entire period. The procuring of this policy shall not release or relieve Applicant of its responsibility under this right-of-entry permit as set forth herein or limit the amount of its liability under this right-of-entry.
4. Applicant shall indemnify, defend, and hold the State of Hawaii, Department of Land and Natural Resources harmless from and against any claim or demand for loss, liability, or damage, including claims for bodily injury, wrongful death, or property damage, arising out of or resulting from: (a) any act or omission on the part of Applicant relating to Applicant's use, occupancy, maintenance, or enjoyment of the right-of-entry area or premises; (b) any failure on the part of Applicant to maintain the right-of-entry area or premises and areas adjacent thereto in Applicant's use and control, and including any accident, fire or nuisance growing out of or caused by any failure on the part of Applicant to maintain the area or premises in a safe condition; and (c) from and against all actions, suits, damages, and claims by whomsoever brought or made by reason of Applicant's non-observance or non-performance of any of the terms, covenants, and conditions of this right-of-entry or the rules, regulations, ordinances, and laws of the federal, state, municipal or county governments.
5. At all times herein, Applicant shall keep the right-of-entry area or premises in a strictly clean, sanitary and orderly condition.
6. Applicant shall be responsible for cleaning and restoring the right-of-entry area or premises to its original condition or a condition satisfactory to the Department upon completion of each day's event or activity. All trash shall be removed from the right-of-entry area or premises. If the Department finds that the Applicant has failed to clean and restore the right-of-entry area or premises to the Department's satisfaction, Applicant agrees to and shall reimburse the Department for all costs and expenses associated with cleaning and restoring the area or premises to its original condition.
7. Applicant shall comply with all of the requirements of all federal, state, and municipal, authorities and observe all federal, state, and municipal laws applicable to the right-of-entry area or premises now in force or which may be in force.
8. No alcoholic beverages shall be served or permitted in the right-of-entry area or premises.
9. Applicant shall not permit commercial solicitation including the sale of any item or advertising of commercial products to be conducted in conjunction with the permitted activity (i.e., no banners, handouts, flyers, posters, etc.). STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES General Terms and Conditions for Commercial Activity Unencumbered Land, State Public Beaches 01/13/16 (km) Page 2
10. Applicant shall be responsible for providing any security deemed necessary or appropriate for the right-of-entry area or premises during the requested event or activity.
11. Applicant shall supply to the Department a name and local telephone number of a contact person who will be available at all times during the scheduled event.
12. No person shall drive a motor vehicle on the right-of-entry area or premises.
13. Applicant in the exercise of the right-of-entry permit shall use appropriate precautions and measures to minimize inconveniences to surrounding residents, landowners, and the public in general. Applicant shall not engage in any activity that may obstruct, impede, or interfere with the public use of the surrounding area or any public access to the area.
14. No accessories, structures, devices, amplified instruments, appliances, apparatus or equipment of any type whatsoever shall be placed on or within the right-of-entry area or premises, including but not limited to the following: arches; bowers; altars; tables; chairs; kahilis; tents and/or tarps; event signage of any type including banners, sandwich boards; kiosks or carts; stanchions, posts, ropes or similar equipment for the purpose of demarcation of the right-of-entry area; and surfboards, windsurf boards, kayaks or other ocean recreation equipment; with the exception of the following: loose flowers, leis, bouquets, corsages or boutonnieres; unamplified musical instruments, including a conch shell; doves or butterflies for releases; a limited number of chairs as strictly necessary for the support of elderly, infirm, or disabled persons attending the event(s); cameras and camera equipment; other non-obtrusive hand-carried wedding accessories; small podium or cake stand, not to exceed three (3) feet square in size; and ocean vessels/equipment used exclusively for the purpose of scattering ashes during authorized funeral services.
15. In the event any historic properties or burial sites, as defined in section 6E-2, Hawaii Revised Statutes, are found on the right-of-entry area or premises, Applicant shall immediately stop all premises utilization or work or both and contact the State Historic Preservation Division in Kapolei at (808) 692-8015 in compliance with Chapter 6E, Hawaii Revised Statutes.
16. Best management practices shall be employed to avoid having silt or dirt enter the ocean.
17. All disputes or questions arising under this right-of-entry shall be referred to the Chairperson of the Board of Land and Natural Resources for a determination and resolution of the dispute or question. The Chairperson's decision shall be final and binding on the parties herein.
18. The right-of-entry permit is subject to Hawaii Administrative Rules, Title 13, Sub-title 10, Chapter 221, Unencumbered Public Lands, as amended. Rules are available for review at Applicant is required to familiarize himself with these rules. Applicant acknowledges that he has read, understands, and agrees to abide by these rules.
19. The right-of-entry permit or any rights hereunder shall not be sold, assigned, conveyed, leased, let, mortgaged or otherwise transferred or disposed.
20. All representatives of any commercial operator or service provider at the site must carry a copy of the permit with them and make it available for inspection at all times during the event(s). Failure of any operator or provider to carry the permit and make it available for inspection upon request by any official or enforcement officer of the Department shall constitute a violation under the permit. STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES General Terms and Conditions for Commercial Activity Unencumbered Land, State Public Beaches 01/13/16 (km) Page 3
21. The Applicant as the responsible party shall ensure that all terms and conditions of the permit are adhered to and met. In most cases, the Applicant will be a wedding coordinator or professional. All other professionals that may be associated with the event, such as a videographer, photographer, a minister, etc., shall be required to and by possessing a copy of the permit do hereby agree to also abide by the terms and conditions of the permit and shall carry a copy of the permit on their person at all times during the event.
22. Violations of one or more permit conditions may result in administrative action, imposition of fine(s), and the rejection of future right-of-entry applications.
23. Applicant shall comply with other written conditions, which may be imposed by the Chairperson of the Board of Land and Natural Resources.