Kulaiwi Connection Liability Waiver
Kulaiwi Connection is a farm tour organized by Kumano I Ke Ala o Makaweli (the “Company”) who is in the business of providing agriclutural education experiences at the farm sites it manages in the state of Hawaiʻi. The farm tours are conducted outdoors and particpants are exposed to the natural elements on working farm.
I, as the Client of the Company, hereby consent to the participation in the farm tour activities and/or events conducted by the Company that will involve transportation, accommodation, food and other trip services (“Activities”). The risk, hazards and dangers associated with these Activities are, including but are not limited to, Physical injury, allergic reaction, etc.
I hereby certify I am fully capable of participating in the Activities and that I am healthy and have no unknown/hidden physical or mental disabilities or infirmities that would restrict my full participation in such Activities.
Further, I hereby declare and agree:
1. Assumption of risk and Release — I understand that:
(a) participation in the Activities could involve risk of physical injury, illness, death or property loss and despite safety precautions, the Company cannot guarantee safety thereof; and
(b) there are inherent risks associated with travel that are beyond the control of the Company
I expressly assume all risks, dangers and hazards, including the risk of injury or death, associated with my participation in the Activities and hereby release the Company, their employees, volunteers, directors, officers, representatives, agents, organizers and successors, from and against any and all monetary claims, liabilities (including liability for any personal injury and/or death) demands, actions, causes of action(s) whatsoever, at law or in equity, arising out of my participation in the Activity as herein provided.
2. Travel and Accommodation: I understand that the Company in no way represents, or acts as an agent for transportation carriers, hotels, and other suppliers of services connected with this Activity and agree that the Company is not responsible or liable for: (a) any injury, damage, or loss which may be caused by the defect of any vehicle or the negligence or default of any company or person engaged in providing or performing any of the services involved in this activity; (b) any loss, damage, destruction, theft or the like to my luggage or personal belongings.
3. Covenant not to sue — I promise not to sue the Company should I suffer from any damage, loss, personal injury, or death as a result of my participation in the Activity.
4. Waiver of liability — I waive the right to hold the Company liable for any liability, cost and/or damages that may arise from my participation in the Activity.
5. Indemnification — I agree to release and indemnify the Company from all liability, claims, causes of action, damages, costs, or expenses that may arise out of my participation in the Activities.
6. Medical Emergency — I understand that the Company does not provide any health and accidental insurance for the Trip participants. I hereby authorize the Company and/or its officers, agents, employees and volunteers to administer or cause to be administered, at my sole cost and expense, medical treatment and/or medication to me in the event of any emergency.