I/We (print your name) , parent(s) or guardian(s) of (print child's name) _ _ , in consideration of allowing my/our above named child to participate in the JINGLE BELL SK BEER RUN on December 2, 2023. hereby agree to release. indemnify. defend and hold harmless the Mauna Lani Resort Association, a Hawaii nonprofit corporation, and Resort Association Partners, LLC, a Hawaii limited liability company, and NAH Security Services, Inc.. a Hawaii corporation, and their respective officers, directors, managers, members, employees, successors and assigns (collectively, "Releasees"), from and against any and all claims, losses, costs, expenses and liability for property damage, bodily injury, death and/or damage of any kind whatsoever (collectively, "Claims") asserted by any person or party arising out of, caused or occasioned by, or resulting from the participation of my/our child in the JINGLE BELL 5K BEER RUN, regardless of whether such Claims result from the negligence of one or more of the Releasees or the negligent or intentional conduct of a third party.
I/We give the foregoing release and indemnity with the knowledge and understanding that my/our child's participation in the JINGLE BELL SK BEER RUN carries with it inherent risks that cannot be eliminated regardless of the care taken to avoid injury or damage. Notwithstanding and in recognition of such inherent risks, I/we agree (1) to assume all such risks of loss, damage or injury that may be sustained by my/our child while participating in the JINGLE BELL SK BEER RUN, and (2) to release, indemnify and hold harmless all of the Releasees who, through negligence or carelessness or otherwise, might be liable to me/us, my child, and/or our personal representatives or assigns, for damages.
I/We understand, acknowledge and agree that my/our child's presence on the properties owned by the Mauna Lani Resort Association is for the purpose of his/her participation in the JINGLE BELL 5K BEER RUN. In accordance with Hawaii Revised Statutes Chapter 520, the "Hawaii Recreational Use Statute," no charge is being collected by the Releasees for my/our child's presence on the Mauna Lani Resort Association's properties in connection with the JINGLE BELL SK BEER RUN.
In further consideration of allowing my/our child's presence on the Mauna Lani Resort Association properties to participate in the JINGLE BELL SK BEER RUN, I/we hereby waive and release any claims against the Releasees relating to the use of photographs, videotapes and any other record of the JINGLE BELL SK BEER RUN, including those containing my/our child's name, likeness and/or voice.
I/WE HAVE READ AND UNDERSTAND EVERYTHING WRITTEN ABOVE AND I/WE VOLUNTARILY SIGN THIS WAlVER, RELEASE AND lNDEMNITY AGREEMENT.
In return for being allowed to participate in PATH-People for Active Transportation Hawaii ("PATH")
Jingle Bell Beer 5k and all related activities, including any activities incidental to such participation (the “Activities”), the undersigned participant or Parent/Legal Guardian of Participant if Participant is under age 18 (hereafter referred to using "I", "me", or "my") releases and agrees not to sue PATH, or its officers, directors, employees, volunteers, sub-contractors, sponsors, agents and affiliates from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the above event wherever, whenever, or however the same may occur. I understand and agree that PATH is not responsible for any injury or property damage arising out of the Activities, even if caused by its ordinary negligence or otherwise. I understand that participation in the Activities involves certain risks, including, but not limited to, vehicle or bicycle accidents, heat-related injuries or other incidents which could cause serious injury or death. I am voluntarily participating in the Activities with knowledge of the danger involved and I agree to accept all risks of participation. I also agree to indemnify and hold harmless PATH for all claim s arising out of my participation in the Activities. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. I
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represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation. I also understand that this document is a contract which grants certain rights to and eliminates the liability of PATH.
