SECTION II: Assumption of Risk, Release, & Indemnity Agreement
In consideration of the services provided by The Pacific American Foundation 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 in this document.
I expressly agree to accept and assume all risk and liability, including personal injury, property damage, or death, arising during participation in program activities. I understand that I voluntarily elect to have my child/children participate in the activities.
I understand that my child/children/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/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.
PAF reserves the right to make cancellations, substitutions or changes in case of emergency or changed conditions. PAF may cancel part or all of the activities, which in its sole discretion, it deems necessary.
I understand that any litigation I might file in relation to my/my child’s participation shall only be filed in a court in the State of Hawaii, and that the laws of Hawaii shall apply, even if any conflict of law rules might provide alternate venues. 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. I agree to indemnify PAF against all fees and costs which may be incurred in connection to my child’s or my participation in any way.
Photo and Media Permission: I grant PAF 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.
COVID-19 Protocols for all children If my child exhibits any symptoms of COVID, I agree they will NOT attend any in-person activities.
Parent(s) or Guardian of minor children
I agree and consent to the terms and conditions set forth above. I release and discharge PAF its representatives or agents, and all others acting on their behalf, on behalf of myself, my 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 Activities and use equipment and facilities.
I release, hold harmless, and agree to defend and indemnify PF 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 Activities.