OTHER EMPLOYEES, STAFF, VOLUNTEERS & INDEPENDENT CONTRACTORS RELEASE, WAIVER, INDEMNITY, AND GENERAL ASSUMPTION OF RISK FOR ALL EVENT PARTICIPANTS
I, (Print your name) __________________________________, on behalf of myself and all staff, employees, or volunteers of _______________________________ (organization or business), our heirs, executors, administrators, successors and assigns, or child under the age of 18, and on who is herein referred to as the “Releasor or I", hereby releases, waives, indemnifies, assumes the risks, and forever discharges the UNIVERSITY OF THE NATIONS, KONA, INC., a Hawaii nonprofit corporation, its trustees, directors, officers, agents, employees, successors, insurers, staff and volunteers, who are herein collectively referred to as the "University" from any and all liability, claims, causes of action, loss and damage that may result due to any act, including malfeasance, misfeasance, negligence or intentional acts, of the University, which results in any injury to the Releasor’s person or property, even injury resulting in death of the Releasor, arising out of the Releasor being a guest, participant, volunteer, staff or student at or of the University, including without limitation of the generality of the foregoing those arising out of or in any way related to the Releasor participating in any business, University conducted or sponsored program or activity whether on the University Kailua-Kona, Hawaii campus, off campus within or outside of the State of Hawaii.
In consideration for use of the University property, facility and resources, we ____________________________ (organization or business), assume the risk for any injury that may occur to any participant of the event, or any injury that reasonably occurs due to the event or our staff or our participants.
Releasor attest to have to authority to sign this document on behalf of the above named organization or business, and on behalf of all its staff, employees or volunteers.
Releasor attest to have all the necessary and required business insurance, bond or any other required documentation in order carry out its business.
The Releasor has signed this instrument with full knowledge and acceptance of those risks, voluntarily, and not under any duress or undue influence of whatsoever kind or nature. Releasor further represents that he/she has health and medical insurance to cover all participants/employees for all such reasonable contingencies and that insurance is current and in effect during participation in all activities mentioned in this wavier or any other documentation or statement about this event.
Releasor expressly agrees that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii and any other jurisdiction in which any cause of action or claim may arise or be asserted, and that if any portion of this agreement is invalid, it is agreed that the remainder of this agreement shall continue in full legal force and effect. Releasor hereby agrees to indemnify and hold the University harmless from any and all claims, liability, loss, damage, cost and/or expense, including attorneys’ fees and costs incurred by the University in defending against any such claims and in enforcing this agreement, that may be asserted against the University or that the University may suffer or incur. Releasor understands and agrees that the University is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
Releaser understands that when involved in any activities offered by the University or Youth With A Mission (henceforth mentioned as YWAM), they or their children may be photographed or videotaped. Releaser hereby consents to the use of these photographs and/or videos without compensation, on the University, YWAM, website or in any editorial, promotional or advertising material produced and/or published by the University or, YWAM. Releasor hereby releases the University to use his/her name, face, image, voice, likeness, and other the like for marketing and publication on any forum as deemed appropriate by the University. This release continues for an indefinite time limit and I hereby waive any right to inspect any use of my name, face, image, voice, likeness, etc. prior to publication. Any material that contains my face, image, voice, likeness, etc. shall remain the property of the University and or YWAM.
SPORTS AND ACTIVITY WAIVER
Please consult with your physician before starting any exercise program or taking part in any activity.
PLEASE READ THIS FORM CAREFULLY, and be aware that by using the facilities, or participating in any activity and signing the form you are agreeing to waive and release all claims for injuries arising out of the use of such facilities or participation in any activity.
By signing you hereby agree as follows:
In consideration of use participation in any activity provided by or conducted on the University campus, I expressly agree and contract by the execution of this agreement that I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my staff/employees/volunteers, and I hereby fully and forever release and discharge the University from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold harmless the University against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or staff/employees/volunteers. I agree to be solely responsible for safety and well-being of my staff/employees/volunteers. I understand that the University does not provide supervision, instruction, or assistance for the use of the facilities and equipment unless specially stated.
For those activities that have supervision and instruction, I agree that in consideration to participate in the training and instruction provided, or participation in the activities, I expressly agree and contract that the University shall not be liable for any damages arising from any injury as a result of my or my staff/employees/volunteers participation in the instruction provided.
I agree to comply with all rules imposed by the University regarding the use of the facilities and equipment, and conduct, and will instruct my staff/employees/volunteers to act in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I understand, acknowledge, and assume the risk that participation in physical activity and the use of exercise equipment involves risk of serious injury, including permanent disability and death. I understand and acknowledge that my and my children’s health, injury or physical disability is my personal responsibility, and such, I will only participate, and instruct my staff/employees/volunteers to participate in activities I/they are safely able to.
I attest that I have read and understand this Waiver and Release, and signed it in my free will. So long as this document is signed, I agree with all sections and subsections of this wavier
I understand that I and my staff/employees/volunteers are invited onto the campus as a guest to participate in a YWAM ministry or outreach, or for business, and therefore, agree to abide to the YWAM values and University of the Nations, Kona, Inc., values and code of conduct. I understand that I or my staff/employees/volunteers can be refused entry on to any of the University’s properties for any reason.
I agree to comport myself in a manner consistent with the University rules and culture, and have explained such to my staff/employees/volunteers and participants.
Signature: _____________________________________________ Date:_______________________ Print Name ____________________________________________ For (Organization / Business)______________________________________________ as its _________________________________ Interpreter Name (if used) _______________________
University of the Nations, Kona – Contractor & Volunteer Ver. 2017/4