Waiver and Release of Liability and Assumption of Risk
1. I understand the nature of Ke Kukui Foundation activities. I believe my experience and capabilities qualify me to participate in such activity. I further acknowledge that I am aware the activity may be conducted in facilities open to the public during the activity. I further agree and warrant that if I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
2. I FULLY UNDERSTAND that: (a) Ke Kukui Foundation activities may involve risks and dangers of serious or. grievous injury, including but not limited to bodily injury or damage to personal property, and/or death; (b) these risks and dangers may be caused by my actions or inactions of others participating in the activity, the condition in which the activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be other risks and social economic losses either known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONISBILITY FOR LOSSES, COSTS AND DAMAGES incurred as a result of my participation in these activities.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Ke Kukui Foundation and its subsidiaries and partners, their respective administrators, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessor of premises on which the activities take place (each considered one of the "Releasees" herein) from all liability , claim demands, losses, on my account caused or alleged to be caused in whole or in part by the negligence of the "Releasee" or otherwise, including negligent rescue operations and further agree that if, despite this release, ,or anyone on my behalf makes a claim against any of the "Releasees" named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASESS FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE OR ANY COST THAT MAY INCUR AS A RESULT OF ANY SUCH CLAIM.
PARENT/GUARDIAN CONSENT AND RELEASE AGREEMENT (For participants under 18 Years Old only)
I am the parent or guardian of the child participating in the activities of Ke Kukui Foundation. My child is fit for participation in Ke Kukui Foundation activities, and I consent to my child's participation: I HAVE READ AND UNDERSTOOD WAIVER AND RELEASE OF LIABILITY. In consideration of allowing my child to participate, I consent to it and agree that its TERMS SHALL LIKEWISE BIND ME, MY CHILD, my heirs, legal representative and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROME EVERY CLAIM AND LIABILITY that I or my child allege against the RELEASEES (including reasonable attorney fees or costs) as a direct or indirect result of injury to me or my child because of my child's participation in the event, WHETHER OR NOT CAUSED BYTHE NEGLIGENCE OF THE RELEASEES or others. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of my child regarding any claim arising from my child's participation in any Ke Kukui Foundation activities.
PHOTO/VIDEO RELEASE
I hereby grant to Ke Kukui Foundation and Kaleinani O Ke Kukui (hereinafter referred to as “Organizations”) the right to take, reproduce, use, exhibit, display, broadcast, distribute and create derivative works of such photographs or videotaped images of myself/minor child for use in connection with the planning, promoting, publicizing or explaining of the activities of the Organizations. This grant includes, without limitation, the right to publish such images as the Organizations deem appropriate. These images may appear in any of the wide variety of formats and media available to the Organizations including but not limited to print, broadcast, videotape, CD-ROM and electronic/online media. All photos taken are without compensation to the participant, and all original formats sanctioned by the Organizations are owned by or released to the Organizations.