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Waikōloa Dry Forest Preserve Sign-in


AGREEMENT FOR ASSUMPTION OF RISK, WAIVER OF CLAIMS, RELEASE OF LIABILITY, AND INDEMNIFICATION ARISING OUT OF THE USE OF OR PRESENCE ON PROPERTY OWNED OR CONTROLLED BY THE WAIKOLOA DRY FOREST INITIATIVE, INC. (WDFI) OR THE WAIKOLOA VILLAGE ASSOCIATION (WVA)

For and in consideration of being permitted to enter upon, use, or participate in any activity on or within the Waikōloa Dry Forest Preserve or any other land, building, or facility owned, leased, managed, or controlled by WDFI or WVA (collectively, the “Property”), the undersigned (“Participant”), on behalf of themselves, their heirs, executors, administrators, personal representatives, successors, and assigns, hereby acknowledges, understands, and agrees as follows:

1. Acknowledgment of Risks

Participant understands and acknowledges that entry upon and use of the Property involves inherent and unavoidable risks, whether caused by natural conditions, acts or omissions of others, or otherwise, including but not limited to: uneven or unstable ground, falling branches, exposure to heat, sun, wind, and rain, encounters with wildlife and insects, falling hazards, limited access to emergency medical care, use of tools and equipment, transportation to and from the Property, and participation in volunteer or conservation activities. Participant voluntarily assumes all risks of injury, illness, death, or property damage, whether foreseeable or unforeseeable, and whether caused in whole or in part by the negligence of WDFI, WVA, or any other released party, to the fullest extent permitted by law.

2. Assumption of Responsibility for Minors

If signing on behalf of a minor child or ward, the undersigned represents that they are the parent or legal guardian of such minor and voluntarily assume all risks and obligations stated herein on behalf of the minor.

3. Waiver, Release, and Covenant Not to Sue

To the fullest extent permitted by law, Participant waives, releases, and forever discharges WDFI and WVA, their directors, officers, employees, agents, contractors, volunteers, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, damages, losses, costs, or liabilities of any kind or nature whatsoever, whether at law or in equity, arising out of or in any way related to Participant’s presence on or use of the Property, including claims arising from the negligence (but not gross negligence or willful misconduct) of any Released Party.

4. Indemnification and Hold Harmless

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, costs, expenses (including attorneys’ fees), or other liabilities arising out of or in any way connected with:

(a) Participant’s presence on or use of the Property;

(b) Participant’s violation of any law or rule while on the Property; or

(c) any claim brought by or on behalf of a minor for whom the undersigned is responsible.

This indemnification obligation applies even if a claim arises from the negligence (but not gross negligence or willful misconduct) of a Released Party, to the fullest extent permitted by law.

5. Compliance with Rules and Laws

Participant agrees to comply with all applicable laws, regulations, posted signs, and the instructions of WDFI or WVA staff or volunteers while on the Property.

6. Use of Likeness

Participant grants to WDFI and WVA the unrestricted, royalty-free right to photograph, record, and use Participant’s image, likeness, voice, and/or name for any educational, promotional, archival, or reporting purpose in any medium, without compensation and without further consent, unless prohibited by law.

7. Severability; Survival

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. All waivers, releases, and indemnification obligations hereunder shall survive Participant’s use of or presence on the Property.

Knowing and Voluntary Agreement

Participant has carefully read this Agreement, understands its contents, and signs it freely and voluntarily. Participant understands that by signing this Agreement, they are giving up substantial legal rights, including the right to sue the Released Parties for negligence, and intends for this Agreement to be as broad and inclusive as permitted by applicable law.


First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Information
Reason for visit*
Zip Code (or country if international) *
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
Reason for visit*
Zip Code (or country if international) *
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
Reason for visit*
Zip Code (or country if international) *
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
Reason for visit*
Zip Code (or country if international) *
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
Reason for visit*
Zip Code (or country if international) *
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Information
Reason for visit*
Zip Code (or country if international) *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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