In consideration of the services of the Professional Learning Summits, The Pacific American Foundation (PAF) and all of the related entities, partners, agents, directors, advisors, officers, employees, representatives, volunteers, and all other persons acting on behalf of the entities listed above (collectively, hereinafter "PAF"), I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge PAF 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:
I expressly agree to accept and assume all risk and liability, including personal injury, property damage, or death, arising during participation in program activities. Participation is purely voluntary, and I voluntarily elect to have my child/children participate in the activities. Whether on line or in person, I agree that my child/children/I will follow the instructions and direction of PAF personnel, and I agree that PAF shall have the right to enforce appropriate standards of conduct, and that it may at any time terminate my/our 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.
I voluntarily release, forever discharge, and agree to hold harmless and indemnify PAF from any and all claims, demands, or causes of action, brought against me or PAF, which are in any way connected with my/my child/my childrens' participation in the activities or my use of equipment or facilities, including without limitation any claims alleging negligent acts or omissions of PAF, 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/we myself may suffer.
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/my child/my children, at my own expense, in a hospital for medical services and treatment if necessary in an emergency. I also certify that I have adequate medical and other insurance to cover any injury or damage I/we may cause or suffer while participating in the activities. Alternatively, I agree to bear the full costs of such injury or damage myself.
I certify that I/we 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.
Attorney Fees/CostsShould 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.
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 COVID-19, weather, strikes, government restrictions or regulations, act of god, or any other like reason, PAF has the right to make such alteration or cancellation of part or all of the activities as in its sole discretion, deems necessary.
If I should ever file a lawsuit against PAF, I agree to do so only in the State of Hawaii. I agree that the substantive law of the State of Hawaii 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.
Photo and Media Permission: The Pacific American Foundation hereby has permission to photograph, film or otherwise record and use images of myself and/or my child/childrens' name, voice, and/or likeness, bibliographical identification, and/or work for educational purposes and for publicizing and promoting the Program and its activities.
SECTION III: COVID-19 Protocols for all children PAF is not responsible or accountable in the unlikely event my child/children contract COVID-19 due to participation activities. I understand and agree that if my child has any symptoms of COVID or a positive test, that they stay home and not attend any face to face activity in our program.
Parent(s) or Guardian of minor children
I agree and consent to the terms and conditions set forth above. I release and discharge PAF on behalf of myself, children, my heirs, assigns, personal representative, and the Minor's estate for the right of the Minor being permitted by PAF to participate in the program and use equipment and facilities.
I release, hold harmless, and agree to defend and indemnify PAF from any and all claims brought by, or on behalf of the Minor, and which are in any way connected with such use or participation by the Minor in the program activities.