SECTION II: Assumption of Risk, Release, & Indemnity Agreement
Family Form for children under 18 years of age
In consideration of the services of the Mālama 21st / Lokahi 21st Programs, 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 "Mālama 21st / Lokahi 21st"), I hereby AGREE AND CONSENT TO WAIVE AND RELEASE, to relinquish, and to forever discharge Mālama 21st / Lokahi 21st 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:
I expressly agree to accept and assume all risk and liability, including personal injury, property damage, or death, arising during participation in Mālama 21st / Lokahi 21st 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 Mālama 21st personnel at all times. I agree that Mālama 21st / Lokahi 21st 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 Mālama 21st / Lokahi 21st 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 Mālama 21st / Lokahi 21st 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 Mālama 21st / Lokahi 21st, 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 Mālama 21st / Lokahi 21stt or it 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/we myself may suffer.
I hereby grant to MMālama 21st / Lokahi 21st full authority to take whatever action it considers to be warranted in the case of a medical emergency, and I fully release Mālama 21st / Lokahi 21st from any liability for such decision or actions as may be taken in connection therewith. I authorize Mālama 21st / Lokahi 21st 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.
Should Mālama 21st / Lokahi 21st 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.
Mālama 21st / Lokahi 21st 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, Mālama 21st shall have the right to make such alteration or cancellation of part or all of the activities as Mālama 21st / Lokahi 21st, in its sole discretion, deems necessary.
If I should ever file a lawsuit against Mālama 21st / Lokahi 21st, its representatives or agents, 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
I understand that participation is totally voluntary and Mālama 21st / Lokahi 21st is not responsible or accountable in the unlikely event my child/children contract COVID-19 due to participation activities hosted by the Mālama 21st / Lokahi 21st. I understand and agree that any face to face activity requires a DAILY HEALTH SCREENING.
I have been provided the Mālama 21st / Lokahi 21st COVID Protocol Document (available online at thepaf.org/covid
Please check regularly for updates as COVID PROTOCOLS may CHANGE over time. I understand that any updates to that protocol will be displayed online at
COVID.
As the Parent(s) or Guardian of minor children, I agree and consent to the terms and conditions set forth above. I release and discharge Mālama 21st / Lokahi 21st, 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 Mālama 21st to participate in the Activities and to use Mālama 21st / Lokahi 21st equipment and facilities.
I release, hold harmless, and agree to defend and indemnify Mālama 21st / Lokahi 21st, its representatives, agents, directors, officers, volunteers, advisors, and all other persons or entities acting on their behalf 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.