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 hours.
2.
The right-of-entry permit is subject to the payment of a
non-refundable fee based on per square foot per event per day. The cost depends on the number of guests at
your wedding with a minimum fee of $50.00 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 $300,000 per incident and $500,000 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 (no banners, handouts, flyers, posters,
etc.).
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 Land Division 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;
·
alters;
·
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:
o
loose flowers, leis, bouquets, corsages or boutonnieres;
o
unamplified musical instruments, including a conch shell;
o
doves or butterflies for releases;
o
a limited number of chairs as strictly necessary for the support
of elderly, infirm, or disabled persons attending the event(s);
o
cameras and camera equipment;
o
other non-obtrusive hand-carried wedding accessories;
o
small podium or cake stand, not to exceed three feet square in
size; and
o
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 revocable and terminable at anytime
for any reason in the sole and absolute discretion of the Chairperson. As long
as the revocation or termination is not as a result of any fault of, or default
by Applicant of any provision of this right-of-entry permit, then Applicant may
apply for a refund of any advanced rental payment made based upon the
percentage of use denied by the revocation or termination.
19.
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 athttp://hawaii.gov/dlnr/land/administrative-rules.
Applicant is required to familiarize himself with these rules. Applicant
acknowledges that he has read, understands, and agrees to abide by these rules.
20.
The right-of-entry permit or any rights hereunder shall not be
sold, assigned, conveyed, leased, let, mortgaged or otherwise transferred or
disposed.
21.
The Department of Land and Natural Resources reserves the right
to impose additional, terms and conditions, as it deems necessary or appropriate
while the right-of-entry is in force.
22.
All representatives of any commercial operator or service
provider at the site must carry a copy of this permit with them and make it
available for inspection at all times during the event(s). Failure of any operator
or provider to carry this permit and make it available for inspection upon
request by any DLNR official or enforcement officer shall constitute a
violation under this permit.
23.
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 this document do hereby agree to also abide by the terms and conditions of
this permit and shall carry a copy of this permit on their person at all times
during the event.
24.
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.
25.
Applicant shall comply with other written conditions, which may
be imposed by the Chairperson of the Board of Land and Natural Resources.