Kuilei Cliffs Volunteer Release and Waiver of Liability Form

THIS IS A LEGAL AGREEMENT.  BY SIGNING THIS VOLUNTEER RELEASE AND WAIVER OF LIABILITY FORM, YOU ARE INDICATING THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT AND THAT YOU UNDERSTAND YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACTIVITY THAT RESULTS IN ANY PERSONAL INJURY, ILLNESS, DEATH OR OTHER HARM. 

By signing Kuilei Cliffs Volunteer Release and Waiver of Liability Form, I agree to the following terms and conditions. This agreement is effective on the date the Volunteer signed this Volunteer Release and Waiver of Liability Form.

In consideration of my participation in the volunteer events hosted by Kuilei Cliffs, a nonprofit organized and existing under the laws of the United States, and intended to be legally bound, I, the undersigned volunteer acknowledge, understanding and agree to the following terms and conditions: 

I am of the full age of 18 years or I am the parent/legal guardian having full legal responsibility for decisions regarding my minor child under the age of 18 and I have read and understood this Volunteer Release and Waiver of Liability Form prior to signing it.  I am aware that by signing this Kuilei Cliffs Volunteer Release and Waiver of Liability Form, I am irrevocably and forever waiving certain legal rights which I or my minor child may have against Kuilei Cliffs, its officers, directors, employees, personnel, contractors,  volunteers, successors, agents, representatives, insurers and affiliates.  

I hereby agree to fully and completely release, discharge, indemnify, and defend Kuilei Cliffs, its agencies, officers, directors, employees, personnel, contractors, agents, successors, or assigns from and against any and all claims, demands, injuries, actions, lawsuits, proceedings, loss, damage, liabilities, judgments, awards, expenses and costs (including attorneys’ fees and costs), which are, were or could have been, or may be brought arising out of my participation in the volunteer events and other activities along, in or near the designated area(s). I further agree to hold harmless the Kuilei Cliffs, fully and completely, from liability for any damages or injuries resulting from any acts or failure to act on my part during my participation in the volunteer events and other Activities along, in, or near the designated area(s).

There are risks, inherent or otherwise, in attending or participating in the Activity hosted by Kuilei Cliffs and being present at or using any associated sites. I have full knowledge and understand of the Risks associated with the volunteer events, which may include, but not limited to: personal injuries, illness (including exposure to and infection with viruses or bacteria), or possible death or other serious harm to me and others. These Risks include potential exposure to and possible infection with COVID-19 (SARs-CoV-2). COVID 19 is an extremely contagious virus that spreads easily through person-to-person contact, including touching objects, surfaces, breathing, coughing and interacting with other individuals. I understand and acknowledge that COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Attending or volunteering in the Activity could increase the risk of contracting COVID-19. Kuilei Cliffs in no way warrants that COVID-19 infection will not occur by attending or participating in the volunteer events.  All participants should seek medical advice concerning safe participation in the volunteer events. 

I have full knowledge of the nature and extent of the Risks in connection with attending and participating in the volunteer events and being present at or using any of the associated sites, and knowingly and voluntarily assume those Risks. 

I understand that the services provided by me to Kuilei Cliffs may include activities that are inherently dangerous to me. I hereby expressly assume the risk of injury or harm to me from these activities and release Kuilei Cliffs from all liability for injury, illness, death, or property damage resulting from the services I provide as a volunteer or occurring while I am participating in the volunteer events.  I fully understand, acknowledge, and agree as follows: 

1. I represent that I am physically fit and that I do not have a medical condition that would restrict me from participating in the volunteer events. 

2. I understand and acknowledge that there are certain risks and hazards inherent in participating in the volunteer events, which could result in personal injury, illness, death or damage to myself. These risks and hazards may include, but are not limited to, slips, trips, and falls; potential sprains, muscle damage or broken bones in providing the volunteer services or resulting from existing ground conditions; injuries such as cuts, bruises, punctures and infection from debris, glass, nails, needles, and other sharp objects; stings or bites from vegetation or insects; and sunburn.

3. I acknowledge that I have been apprised of the hazards and potential risks of injury or harm to me and other that may be encountered when participating in volunteer events. I know and understand the risks involved in participating in the volunteer events and I accept those risks as I participate in the volunteer events. 

4. I understand that wearing appropriate clothing (long pants, long sleeve, wide-brimmed hats), footwear (closed-toe) and eye protection is essential to my safety and that I must follow all of the instructions given to me by Kuilei Cliffs organizer to minimize my risk of injury. I acknowledge that the protective and safety gear is designed to reduce the risk of injury, but will not prevent all injuries.

5. I, for myself, my successors and assigns, do hereby agree to fully and completely release, discharge, indemnify, and defend Kuilei Cliffs, its agencies, officers, directors, employees, personnel, contractors, agents, successors, or assigns from and against any and all claims, demands, injuries, actions, lawsuits, proceedings, loss, damage, liabilities, judgments, awards, expenses and costs (including attorneys’ fees and costs), which are, were or could have been, or may be brought arising out of my participation in the volunteer events and other events along, in or near the designated area(s). I further agree to hold harmless Kuilei Cliffs, fully and completely, from liability for any damages or injuries resulting from any acts or failure to act on my part during my participation in the volunteer events and other events along, in, or near the designated area(s).

6. I affirm that I am covered by primary medical insurance and understand that I am responsible for my medical bills if injury occurs. Further, I understand that Kuilei Cliffs does not assume any responsibility for or obligation to provide the Volunteer with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of the Volunteer’s injury, illness, death or damage to his or her property. I expressly waive any such claim for compensation or liability on the part of Kuilei Cliffs beyond what may be offered freely by Kuilei Cliffs in the event of such injury or medical expenses incurred by the Volunteer. 

7. I, grant and convey to Kuilei Cliffs all right, title, and interests in any and all photographs, images, video or audio recordings of the Volunteer or his or her likeness or voice made by Kuilei Cliffs in connection with the Volunteer participating in Kuilei Cliffs volunteer events, including but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. 

8. I, hereby release and forever discharge Kuilei Cliffs from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a volunteer with Kuilei Cliffs. I give my consent for the Kuilei Cliffs to provide, administer, or obtain medical treatment for me. 

9. I, expressly agree that this Kuilei Cliffs Volunteer Release and Waiver of Liability Form is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii and that this Kuilei Cliffs Volunteer Release and Waiver of Liability Form shall be governed by and interpreted in accordance with the laws of the State of Hawaii. I agree that in the event that any clause or provision of this Kuilei Cliffs Volunteer Release and Waiver of Liability Form is deemed invalid, the enforceability of the remaining provisions of this Kuilei Cliffs Volunteer Release and Waiver of Liability Form shall not be affected. 

I have read and fully understand the contents of this document knowingly and voluntarily. I agree to the terms and conditions stated above.

*IF PARTICIPANT IS UNDER 18, THE PARENT OR LEGAL GUARDIAN MUST SIGN

I am the parent or legal guardian of the above participant and he/she has my permission to participate in the volunteer event. I have read and agree to the provisions stated above for myself and the minor participant. Further, I understand and agree that the Kuilei Cliffs organization is not responsible for supervision of minor participants and that if I allow the above minor to participate without my supervision, I assume all the risks from such participation for the minor participant I am authorizing participation of event/activity.