Primary Contact's Waiver and Release* Waikalua Loko I'a is owned and operated by the Pacific American Foundation Hawaii, Inc. and Pacific American Foundation, a 501(c)(3) nonprofit organization (hereinafter PAF, or PAF Released Parties) , for educational and charitable activities that benefit the public. The undersigned will be attending one or more educational field site visits, community workdays, or other activities during the year 2023 at Waikalua Loko I`a located at 45-231 Kulauli Street in Kane‛ohe, Oahu.
I, the undersigned, agree I will conduct myself with great regard for our own and others' safety, and I expressly agree to the following:
I. Assumption of Risk, Release and Waiver
PAF Released Parties (Pacific American Foundation Hawaii, Inc., and Pacific American Foundation and their officers, agents, employees or representatives, docents, volunteers and all others acting on their behalf) do not provide liability insurance, or otherwise indemnify against injuries or any other liabilities arising from our participation in these educational and/or recreational activities.
In consideration of being permitted to participate in these educational and/or recreational activities, I/We expressly and voluntarily assume all risk of property damage, personal injury and/or death during, or which may result from, participation in this event.
I hereby release, agree to defend, hold harmless, indemnify and discharge PAF Released Parties from any and all liability claims, demands or causes of action that we may have for injuries and/or damages arising out of our participation in the educational field site visit/community workday, including but not limited to, losses caused by the passive or active negligence of ourselves and/or the PAF Released Parties.
I further agree that I will not sue or make a claim against PAF Released Parties for any damages and/or other losses sustained as a result of our participation in the educational field site visit.
I hereby give permission to use photos of me, my group, or my child during the visit to the fishpond. I understand that the intended purpose of the video or photograph will be used solely for educational purposes. I waive any rights of compensation or ownership thereto.
II. For DOE participants only, the following terms apply:
The STATE shall be responsible for the damages or injury caused by the STATE, STATE's agents, officers, and employees, in the course of their employment to the extent that the STATE's liability for such damage or injury has been determined by a court or otherwise agreed to by the STATE, and the STATE shall pay for such damage and injury to the extent permitted by law.
Pacific American Foundation shall be responsible for damages or injury caused by Pacific American Foundation, Pacific American Foundation's agents, officers, and employees in the course of their employment to the extent that Pacific American Foundation's liability for such damage or injury has been determined by a court or otherwise agreed to by Pacific American Foundation and the Pacific American Foundation shall pay for such damage and injury to the extent permitted by law.
III. COVID PROTOCOLS
I understand that participation is totally voluntary and that Pacific American Foundation, its representatives, agents and all others acting on their behalf (hereinafter "PAF Released Parties"), are not responsible or accountable in the unlikely event I / my child/children contract COVID-19 due to participation activities. IF I AM ILL or have TESTED POSITIVE, I WILL NOT ATTEND.
ATTESTATION:
I have read, understand and agree to LIABILITY WAIVER and RELEASE, and COVID PROTOCOLS and SIGN THIS STATEMENT OF MY OWN FREE WILL, WITH FULL KNOWLEDGE OF ITS CONTENTS AND MEANING.
I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge PAF Released Parties, and PAF's representatives, agents, and all others acting on their behalf, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate from any and all claims, any and all causes of action that I (we) have or may have, whether past, present or future, whether known or unknown, whether anticipated or unanticipated.
I consent>