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.