Standard Forms Policy
The HAWAI‘I ASSOCIATION OF REALTORS® (“HAR”) develops forms, for its members, to be used to facilitate real estate transactions in the State of Hawai‘i. These forms are copyrighted by the HAWAI‘I ASSOCIATION OF REALTORS®. The use of these forms is governed by the terms of the HAWAI‘I ASSOCIATION OF REALTORS® STANDARD FORM LICENSE AGREEMENT located at http://www.hawaiirealtors.com/standard-form-policy. HAR shall retain its entire right, title, and interest in and to the forms, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted.
Access to printable versions of the forms are available to all members, including Institute Affiliates and Affiliates of the HAWAI‘I ASSOCIATION OF REALTORS® who are in good standing. Electronic versions of the forms are available to members, as applicable, through programs such as ZipForm. ZipForm may be accessed by members of the Hawaii Association of Realtors that are also members of National Association of Realtors.
Printed copies of the forms may be purchased by active Hawai‘i real estate licensees for a fee through one of the Local Boards in Hawai‘i. The Local Board may determine whether its Board/Association will sell the forms and if so, at what price. The Local Boards are: Hawai‘i Island REALTORS®, Honolulu Board of REALTORS®, Kauai Board of REALTORS®, REALTORS® Association of Maui and West Hawai‘i Association of REALTORS®.
As of January 2006, the Rental Agreement developed by the HAWAI‘I ASSOCIATION OF REALTORS® is the only form available to members of the public. A printed copy of the Rental Agreement is available for purchase through one of the authorized Local Boards for a fee.
Any and all other forms relating to property management and/or used in conjunction with the Rental Agreement, such as the Addendum, are not and should not be made available to the public by the Local Boards. No form, other than the Rental Agreement, may be sold by the Local Boards to the public.
Members shall not provide any form, including the Rental Agreement, to a non-member for their personal use. Members may refer real estate licensees to the Local Boards for copies of all of the forms. Members may also refer members of the general public to the Local Boards for copies of the Rental Agreement.
Furthermore, no other entity or person, besides those authorized, shall sell any of the HAR Standard Forms, including the Rental Agreement. Additionally, no form shall be posted or used to generate profit, in any medium, such as a website or third-party software, without the express written permission of the HAWAI‘I ASSOCIATION OF REALTORS®.
Instructors or educators that use the Standard Forms in their courses, shall seek express written permission from the HAWAI‘I ASSOCIATION OF REALTORS® for use of its forms in course materials and/or presentations and shall be limited to the specific course in which permission is sought. The form shall be watermarked, as provided by the HAWAI‘I ASSOCIATION OF REALTORS®. From time to time, there may instances where a third party may need the form, such as for a legal matter, requests for said form shall be in writing to the Chief Executive Officer of HAR.
HAWAI‘I ASSOCIATION OF REALTORS® STANDARD FORM LICENSE AGREEMENT
This HAWAI‘I ASSOCIATION OF REALTORS® STANDARD FORM LICENSE AGREEMENT (”AGREEMENT”) is a binding agreement between you (“Licensee” or “you”) and the Hawai‘i Association of REALTORS® (”Company”). This Agreement governs your use of the Company’s Standard Form (the “Form”). The Form is licensed, not sold, to you.
BY USING THE FORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE FORM.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to use the Form strictly in accordance with the terms and conditions of this Agreement.
2. License Restrictions. Licensee shall not:
(a) copy the Form, except as expressly permitted by this Agreement;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Form;
(c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Form, including any copy thereof; or
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the Form, to any third party for any reason, including by making the Form available on a network where it is capable of being accessed by more than one person at a time.
3. Reservation of Rights. You acknowledge and agree that the Form is provided under license, and not sold, to you. You do not acquire any ownership interest in the Form under this Agreement, or any other rights thereto other than to use the Form in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and shall retain its entire right, title, and interest in and to the Form, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Term and Termination. The terms of this Agreement commences when you purchase or receive the Form and will continue in effect until terminated as follows: (1) You terminate this Agreement by deleting or destroying the Form and all copies thereof; or (2) This Agreement automatically terminates without notice if you violate any of the terms and conditions of this Agreement.
5. Disclaimer of Warranties. THE FORM IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE FORM FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE FORM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
7. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Form or your breach of this Agreement, including but not limited to the content you submit or make available through this Form.
8. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
9. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Form shall be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii in each case located in Honolulu. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Entire Agreement. This Agreement constitutes the entire agreement between you and Company with respect to the Form and supersedes all prior or contemporaneous understandings and agreement, whether written or oral, with respect to the Form.
11. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.