Parental Consent, Release, and Indemnity Agreement

READ CAREFULLY BEFORE SIGNING

With respect to my child or ward under my legal guardianship (who is listed below) (“Child”), I agree that in exchange for allowing my Child’s participation in the programs and activities offered by Family Hui Hawaii (collectively, the “Activities”), I agree and acknowledge as follows:

Assumption of Risk. I agree that my Child voluntarily assumes any and all risks which are inherent in, or are in any way related to, their participation in the Activities. I acknowledge that my Child’s participation is entirely voluntary.

Release of Liability: I agree, on my own behalf, on the behalf of my Child, and on the behalf of each of our heirs, executors, and personal representatives, that Family Hui Hawaii, and its officers, directors, shareholders, members, employees, agents, contractors, sub-contractors, representatives, successors, assigns, insurers and volunteers (collectively, the “Released Parties”) shall be released from any and all liabilities, claims, actions, damages, costs or expenses of every kind, excluding claims based solely on the gross negligence or willful misconduct of any of the Released Parties (“Claims”), arising out of or in any way connected to my Child’s participation in the Activities including, without limitation, all claims and causes of action based on or associated with any and all risks which my Child assumes and are inherent in, or are in any way related to, my Child’s participation in the Activities.

Parental Supervision.  I agree and warrant that I will be participating in the Activities with my Child and that I will be solely responsible for supervising my Child during the Activities.  I agree that the Released Parties will have no duty, obligation or liability arising out of the provision of, or failure to provide or administer, supervision of my Child.

Indemnity/Insurance: I agree to indemnify and hold each of the Released Parties harmless from and against any and all Claims.  My indemnification obligations will include, without limitation, all attorneys' fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit or that of my Child relative to my Child’s participation in the Activities. 

Scope: I expressly agree that the release and indemnity provided for in this Agreement will cover all physical and emotional injuries and/or damages including, without limitation, all bodily injury (including death) and property damage, whether suffered by me, my Child, or anyone else before, during or after my Child’s participation in the Activities.

Health Condition: I understand that the some Activities can be physically demanding and can result in accidents and injuries. I represent to the Released Parties that I have no knowledge of any health problems that would cause my Child’s participation in the Activities to negatively impact my Child’s health and that my Child possess a sufficient level of physical fitness to safely participate in the Activities. I represent that if at any time I feel or believe that my Child is unable to continue participation in the Activities I will immediately discontinue such participation of my Child.

Authorization for Medical Treatment: I hereby authorize medical treatment for my Child, at my own cost, if the need arises. However, I acknowledge that the Released Parties will have no duty, obligation or liability arising out of the provision of, or failure to provide or administer, medical care or treatment.

Governing Law, Venue: This Agreement, and any dispute or claim, whether in contract or tort, arising out of or in connection with this Agreement, will be governed by the laws of the State of Hawaii without giving effect to any conflict of law provisions thereof.  Any dispute or claim, whether in contract or tort, arising out of or in connection with this Agreement will be submitted exclusively either in the State Circuit Court of Hawaii - First Circuit Court (Oahu), or in the applicable federal court having jurisdiction in the City and County of Honolulu, Oahu, Hawaii, for trial and determination by the Court sitting without a jury. I hereby consent to the exclusive jurisdiction of any such court and agree to accept service of process outside the State of Hawaii pursuant to the requirements of such court in any matter to be submitted to any such court pursuant to this Agreement, and I, ON MY OWN BEHALF AND ON BEHALF OF MY CHILD, SPECIFICALLY WAIVE THE RIGHT TO HAVE A JURY HEAR OR DECIDE ANY CLAIM I OR MY CHILD MAY HAVE RELATING TO MY CHILD’S PARTICIPATION IN THE ACTIVITIES.

Severability/Partial Invalidity: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Hawaii and that if any provision or part thereof of this Agreement is held to be invalid, void or unenforceable by a court of competent jurisdiction, such provision or part thereof will be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof will be stricken from this Agreement without affecting the binding force or effect of any other part or provision.

Guardian: By signing below, I certify that: (1) I expressly consent to my Child participating in the Activities; (2) I am 18 years of age or older; (3) I am the parent or legal guardian of the Child(ren) identified below; (4) the information set forth below is true and complete; (5); I have fully and completely read and understand this Agreement; (6) I HAVE VOLUNTARILY WAIVED OR RELINQUISHED CERTAIN RIGHTS AND BENEFITS as described in this Agreement; and (7) I consent and agree to all of the foregoing on behalf of myself and my Child(ren).