Pacific American Foundation

Waiver and Release - SCOTLAND


In consideration of the services of the The Pacific American Foundation, the State of Hawai'i, University of Hawai'i, Kamehameha Schools, Hawai'i Institute of Marine Biology, and all other related entities, partners, agents, directors, advisors, officers, employees, representatives, volunteers, and all other persons acting on behalf of these entities (hereinafter, collectively "PAF"), I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge PAF and its representatives 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, as follows:

  1.   I understand that the activities I will engage in as part of PAF programs (the "Activities"), whether on site at a property owned by PAF or at any other site, may involve conduct on, under, and/or around the ocean, streams, and mountain trails.  Activities on the ocean may require the use of surfboards and other equipment, boats, or other ocean going vessels.   These activities are inherently dangerous, and involve unknown and unanticipated risks and dangers which could result in physical or emotional injury, paralysis, death, or damage to my person, property or other persons. Risks include, but are not limited to slips, falls, drowning, or other accidents.  The risks cannot be completely eliminated, without jeopardizing the essential qualities of the Activities. I expressly agree to accept and assume all of the risks in the Activities.  My participation in the Activities is purely voluntary.  I voluntarily elect to participate in the Activities in spite of the risks and dangers.
  2.   I voluntarily release, forever discharge, and agree to hold harmless and indemnify PAF and all other persons or entities acting in any capacity on its behalf from any and all claims, demands, or causes of action, brought against me or against PAF, which are in any way connected with my participation in the Activities or my use of equipment or facilities, including without limitation any claims alleging negligent acts or omissions of PAF or its agents or representatives, any injury or loss whatsoever suffered by me during the periods of independent travel (which I understand are unsupervised), any financial or other obligations or liabilities that I may personally incur during the course of the Activities, any intentional or unintentional damage or injury to persons or property caused in whole or in part by me, and any injury or loss that I myself may suffer.
  3.   Should PAF or anyone acting on its behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to release, hold them harmless, and indemnify them for all such fees and costs.
  4.   I hereby grant to PAF full authority to take whatever action it considers to be warranted in the case of a medical emergency, and I fully release PAF from any liability for such decision or actions as may be taken in connection therewith.  I authorize PAF to place me, at my own expense, in a hospital for medical services and treatment if necessary.  I also certify that I have adequate medical and other insurance to cover any injury or damage I may cause or suffer while participating in the Activities.  Alternatively, I agree to bear the full costs of such injury or damage myself.
  5.   I certify that I have no medical or physical conditions that could interfere with my safety or the safety of other in the Activities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. If my condition changes during participation, I will notify PAF immediately, and I will be deemed to assume the risk and will bear the cost of those risks that may be created, directly or indirectly by any such condition if I continue participation. 
  6.   I certify that I am qualified to swim in the open ocean. 
     
      
  7.   I agree that I will follow the instructions and direction of PAF personnel at all times.  I agree that PAF shall have the right to enforce appropriate standards of conduct, and that it may at any time terminate my participation in the Activities for failure to maintain these standards or for any actions or conduct which PAF considers to be incompatible with the interest, harmony, comfort and welfare of the Activities and the other students.
  8. PAF reserves the right to make cancellations, substitutions or changes in case of emergency or changed conditions, or in the interest of each group.  If performance of the Activities must be altered because of weather, strikes, government restrictions or regulations, act of God, or any other like reason, PAF shall have the right to make such alteration, or cancel part or all of the Activities, in its sole discretion. PAF shall determine the amount of any refund, in its sole discretion, and only those funds I have paid to PAF which have not actually been used or committed may be refunded to me.   I understand and agree that this agreement controls cancellation and reimbursement policies or provisions in any other agreement or publication by one of the collective PAF entities. 
  9. If I use my own equipment, such as surfboards or snorkel equipment, I certify that this equipment has been properly maintained, is in good working condition, and that I am competent to use it in a safe and effective manner.
  10. Venue and Choice of Law: I agree that any lawsuit I might file against PAF, I agree to file only in the State of Hawaiʻi and that the substantive law of the State of Hawaiʻi shall apply regardless of any conflict of law rules that might provide otherwise.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
  11. I understand and agree that this Agreement and Release is binding and applies to any and all PAF activities that I may participate in, currently or in the future, whether I am participating minimally or fully in these activities now, and whether I undertake new activities with PAF anticipated or unanticipated at this time.  
  12. Photo and Media Permission: I grant PAF permission to photograph and videotape or otherwise record and use images of myself and/or my child’s name, voice, and/or likeness, bibliographical identification, and/or work for educational purposes and for publicizing and promoting the Program and its activities.  The use of unmanned aerial systems (UAS) may be used to record imagery.
  13. International travel, if part of PAF activities has its own set of inherent risks. Please review the relevant US State Department sites relating to the proposed destination before participating in activities, as this agreement applies to these activities as well.  Travel medical and medical evacuation insurance must be obtained for each participant before travel begins, as a condition of participation.

COVID-19 In-person Meetings - Acknowledgment and Acceptance of  Risk and Conditions 

The novel coronavirus, COVID-19 has been declared a worldwide pandemic by  the World Health Organization. While the Pacific American Foundation (PAF) has taken the appropriate steps to mitigate the risk of COVID-19 during the Scotland-Hawai`i retreat, PAF and its delivery partners cannot guarantee or prevent you from  becoming exposed to, contracting, or spreading COVID-19 as a result of attending the retreat. Due to the contagious nature of COVID-19, it is extremely difficult to prevent the presence of the disease, and COVID-19 policies given below must be respected and followed throughout the retreat. Certain medical conditions can make persons higher-risk to contracting COVID-19 and to complications from the disease, and therefore there are heightened risks from the failure of other individuals not following proper COVID-19 protocols. 

By agreeing to attend and signing this wavier, you acknowledge and agree to the following:

  • You may be exposing yourself to and/or increasing your risk of contracting and/or spreading COVID-19.  
  • You acknowledge that it is your personal and voluntary decision to attend and recognize that we will be working and living with others in our group over the course of the retreat. 
  • You acknowledge that you understand and freely assume any and all risks of attending.  
  • You agree to take a COVID-19 test 24 hours or less prior to leaving for the retreat, and within 72 hours after arriving at Attadale Garden Cottages to attend the retreat, and if asked, that you can show a negative test result. 
  • You acknowledge that you are not symptomatic for COVID-19 before leaving for Attadale Garden Cottages for the retreat.
  • If at any time during the retreat you become symptomatic for COVID-19 you will immediately notify the one of the PAF team members, and may be required to participate in any contact-tracing that the local jurisdiction requires.
  • If at any time during the retreat you test positive for COVID-19, you will be required to self-isolate for a minimum of 5 days, and wear a mask at all times for 10 days after isolation.
  • You further acknowledge that it is your responsibility to review and comply with any government, state, or local directives, advisories, warnings, or any other information regarding COVID-19, and based on those guidelines, you freely assume any and all risks which may accompany those guidelines and/or  directives.  

COVID-19 policies/rules during the retreat:

PAF has established COVID-19 policies that will be in place for the duration of the retreat to create a COVID-19 “bubble” as much as possible. All participants are requested to follow these polices for the respect of others, and may be asked to leave Attadale Garden Cottages with no further participation in activities if you cannot follow the below policies. In order to attend, you will follow and comply with all directives that Attadale Gardens (the venue), PAF, and its collaborating organizations may require including, but not limited to: 

  • Wearing face coverings at any gatherings outside of our group, and respecting the rights of others to wear face masks whenever they feel the need to do so.
  • Maintaining social distancing when possible within our group at Attadale Garden Cottages, and maintaining a distance of 6 feet with anyone outside of our group at participatory events (i.e. when we leave Attadale Cottages for various activities).
  • Food and other items will be provided throughout your stay at Attadale, and this will include options for ordering items from Tesco supermarket for yourself, which can be delivered to us at Attadale. Therefore, participants are asked to not go to restaurants or pubs during the retreat, as those are both locations with high levels of COVID-19 spread. 
  • We will provide COVID-19 tests throughout the retreat, and you will be required to take a COVID-19 test every 3 days or if you have any symptoms or reason to suspect exposure to COVID-19. 

I acknowledge and accept the above risks and conditions.  
Print Name:

Today's Date:

COVID Waiver, Release, and Hold Harmless. In consideration for being permitted  to attend in-person, I do hereby forever release and waive my right to bring suit against Pacific American Foundation and its collaborating partners in this retreat, together with all of their respective present and former officers, employees, Members, directors, agents, servants, representatives, parents, subsidiaries,  franchisees, successors, and assign, in connection with exposure, infection  and/or spread of COVID-19 related to my attendance at any in-person convening, as well as any claims including claims for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and I give up any claim I may have to seek damages, whether known or unknown, foreseen, or unforeseen. This Waiver, Release, and Hold Harmless shall be binding upon my survivors, heirs, successors, and assigns. I understand and agree that this Waiver, Release and Hold Harmless is a release of liability and I sign it on my own free will.

Regular Waiver Release and Hold Harmless.
Students over age 18:
I have had the opportunity to read this entire document.  I have read and understood it.  I agree to be bound by its terms. I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge PAF and its 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.
Students under age 18 PARENT OR GUARDIAN: As the parent or legal guardian of the above signed student, I agree and consent to the terms and conditions set forth above.  I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge PAF and its 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.



Please sign using the BLUE ARROW and E-Signature Box. 

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Waiver and Release - SCOTLAND
lock iconUnique Document ID: 79e1d8c796db1fdcea9bd653be24c8ae4bba28d2
Timestamp Audit
June 19, 2022 8:41 am -10Waiver and Release - SCOTLAND Uploaded by Dana Marcus - webmaster@thepaf.org IP 76.103.221.193
June 19, 2022 8:51 am -10Derek Esibill - wired@thepaf.org added by Dana Marcus - webmaster@thepaf.org as a CC'd Recipient Ip: 76.103.221.193
June 19, 2022 8:58 am -10Derek Esibill - wired@thepaf.org added by Dana Marcus - webmaster@thepaf.org as a CC'd Recipient Ip: 76.103.221.193
June 19, 2022 9:04 am -10Derek Esibill - wired@thepaf.org added by Dana Marcus - webmaster@thepaf.org as a CC'd Recipient Ip: 76.103.221.193
June 19, 2022 9:11 am -10Derek Esibill - wired@thepaf.org added by Dana Marcus - webmaster@thepaf.org as a CC'd Recipient Ip: 76.103.221.193
June 19, 2022 1:02 pm -10Derek Esibill - wired@thepaf.org added by Dana Marcus - webmaster@thepaf.org as a CC'd Recipient Ip: 76.103.221.193