Pono Outdoor Adventure Program

Private Educational Association

RELEASE AND WAIVER OF CLAIMS

The undersigned, who is or may be a participant in educational activities, outdoor exploration, farming experiences, field trips and related activities (collectively referred to as “Program Activities”) conducted (a) by the Pono Outdoor Adventure Program Private Educational Association (PEA), or (b) exposure to natural elements, use of tools and equipment, interaction with animals and using equipment or facilities associated with the Pono Outdoor Adventure Program PEA, whether used on private or public property, in consideration of participation in Program Activities, covenants and agrees as follows:

1. General Release: The undersigned hereby releases and waives any claims that the undersigned and those listed below may now or hereafter have against Pono Outdoor Advenutre Program PEA, including its founders, directors, facilitators, instructors, volunteers, and assigns (collectively referred to as the “Released Parties”), from and against any and all liabilities, claims, judgments, losses, damages, costs, or expenses of whatever kind or nature, including all attorney’s fees, which the undersigned and those listed below may incur as a result of their participation in Program Activities. This includes, without limitation, personal injury and/or death, as well as damages to property resulting therefrom, including loss of income earnings, bodily injury, and pain and suffering, emotional or mental distress and any and all medical concerns and conditions related thereto.

2. Assumption of Risk: The undersigned acknowledges and understands that the Program Activities involve the risk of personal injury and/or death, and damage to personal property, which may result from the undersigned's participation in these Activities. Such injuries may be caused by animals, other participants, the undersigned, instructors, acts of God and nature, field conditions including uneven or damaged terrain, the presence of moisture, mud, and/or flooding of the terrain, obstacles and obstructions upon or under the terrain, and other natural or man-made conditions that may be hazardous to the undersigned or create hazards in the undersigned’s participation. The undersigned further acknowledges knowing and understanding that the Program Activities are INHERENTLY DANGEROUS and assumes all risk of injury or death and/or damage that may result therefrom for any reason whatsoever.

3. Indemnification: The undersigned hereby agrees to indemnify, defend, and hold harmless the Released Parties, and all property owners, and/or their assigns, from and against any and all liabilities, claims, judgments, losses, damages, costs, or expenses of whatever kind or nature, including all attorney’s fees, which the undersigned, those persons listed below, and any guest, licensee, invitee, or any other person claiming by or through the undersigned, may sustain, incur, or cause in connection with their participation in Program Activities, use of the equipment, or presence on or in the facilities owned/visited, including injury to or death of other participants, damage to cars or other property of other persons, or personal injury to or death of said other persons.

4. Reimbursement: The undersigned agrees that in the event any claim is made against the Released Parties for any damages or injury for which the undersigned has released or indemnified the Released Parties pursuant to this Release and Waiver of Claims, and for which any of the Released Parties is found liable, the undersigned shall pay such claims within thirty (30) days’ notice thereof being given to the undersigned. If the undersigned does not make such payment within the allotted time period, all sums shall be due and owing together with interest at the rate of ten percent (10%) per annum. In the event of an action to collect such sums, the Released Parties shall be entitled to place a lien on, hold, or liquidate personal property of the undersigned located in or on the premises. The prevailing party in such action shall be entitled to an award of reasonable attorney’s fees incurred thereby. For the purposes of this provision, notice shall be deemed given upon personal delivery or three (3) days after depositing said notice with the U.S. Postal Service, addressed to the undersigned at their current address in the records of the Released Parties, postage prepaid, registered, or certified, return receipt requested.

5. Binding Effect and Continued Nature: The foregoing provisions shall be fully binding upon and shall be effective against the undersigned, its heirs, successors, legal representatives, or assigns, and shall apply to the actions of the undersigned personally, as well as the undersigned’s family, guests, employees, or agents. This Release shall be continuing in nature and shall apply to all individuals mentioned in the preceding paragraphs who use the equipment, which are present at the Pono Outdoor Adventure Program PEA facilities and/or on any neighboring properties/public areas upon which they are engaged in activities.

6. Severability: If any portion of this Release and Waiver of Claims is

found to or held to be invalid, the remaining portions of it shall remain in

full force and effect.

THIS DOCUMENT AFFECTS AND LIMITS YOUR LEGAL RIGHTS,

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.

Emergency Health Care Authorization:

The undersigned authorizes Pono Outdoor Adventure Program PEA and its representatives to take any and all reasonable steps deemed necessary for the emergency care and treatment of the enrolled child in the event that the Parent/Guardian or Emergency Contacts cannot be reached. This includes permission to authorize medical professionals (physicians, dentists, hospitals, emergency responders) to provide necessary procedures or care. The undersigned accepts full financial responsibility for any such emergency services.

Media Consent

I give permission for my child(ren) to be photographed or recorded (video/audio) during activities. These images may be used for promotional purposes in print, online, or on social media platforms managed by the Pono Outdoor Adventure Program PEA, always with respect to the values and spirit of the program.

Student Information:

Pono Outdoor Adventure Program PEA; is a private association. HIPPA is not applied in this association. HIPPA is apart of the public realm of the government codes, we operate in the private. Member information will stay private; and released only by that member’s request.

ACKNOWLEDGMENT:

I HAVE READ AND COMPREHEND THIS RELEASE, WAIVER OF LIABILITY, AND HEALTH CARE AUTHORIZATION. I COMPREHEND THAT, BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS [ALL STATUE, CODES, MANDATES OF THE U.S AND STATE OF HAWAII, AS A PUBLIC CITIZEN] AND ASSUMING RESPONSIBILITIES AS A VOLUNTARY MEMBER OF A PRIVATE MEMBER ASSOCIATION. I CERTIFY THAT I HAVE FULL AUTHORITY TO SIGN ON BEHALF OF THE CHILD(REN) NAMED BELOW.

*If you would prefer wet signing please discontinue filling out form and contact us at ponooutdooroahu@gmail.com

Parent/Guardian Consent:

By signing below, I acknowledge that the information provided is accurate to the best of my knowledge. I comprehend and agree to the terms and policies outlined in the Pono Outdoor Adventure Program PEA Member Waiver. I give permission for my child to participate fully in all program activities unless otherwise noted in writing.

Each of those persons signing above on behalf of themselves is a parent or legal guardian of the minor(s), being under 18 years of age, listed below. They hereby represent and warrant that they are also entering into his Release and Waiver of Claims on behalf of such minors, subjecting said

minor(s) to all terms and conditions of this Release and Waiver of Claims.

I CERTIFY THAT I HAVE FULL AUTHORITY TO SIGN ON BEHALF OF ANY CHILD(REN) NAMED.