AGREEMENT FOR ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND INDEMNIFICATION ARISING OUT OF THE USE OF OR PRESENCE ON OR IN LAND, BUILDINGS, OR OTHER FACILITIES OWNED OR CONTROLLED BY THE WAIKOLOA DRY FOREST INITIATIVE
For and In consideration of THE OPPORTUNITY TO USE OR BE PRESENT ON OR IN LAND, BUILDINGS, OR OTHER FACILITIES (COLLECTIVELY REFERRED TO AS “PROPERTY”) OWNED OR CONTROLLED BY WAIKOLOA DRY FOREST INITIATIVE INC (WDFI) OR THE WAIKOLOA VILLAGE ASSOCIATION (WVA), IN THIS INSTANCE, WAIKOLOA DRY FOREST PRESERVE, YOU STATE THE INDIVIDUAL VISITING IS IN GOOD HEALTH; ACKNOWLEDGE HE/SHE WILL BE ENTERING WILD FOREST AND ROUGH TERRAIN, AND AGREE TO THE
(1) In recognition that Property and its use may involve some inherent risks that cannot be totally eliminated, Undersigned assumes all risk, known and unknown, of injury to person, including death, and damage to property resulting from Undersigned’s use of or presence on or in Property.
(2) Undersigned expressly agrees to waive all claims and rights of subrogation and release, indemnify, defend, and forever hold harmless WDFI AND WVA, it’s employees and contractors, from any loss, liability, joint liability, several liability, or joint and several liability resulting from any and all claims, demands, or actions against WDFI by Undersigned or any person or entity holding by or through Undersigned or any insurance carrier or organization or person for payment or reimbursement of any debts, obligations, liens, joint tortfeasor claims, or claims for contribution or indemnity relating in any way to the matters covered by this Agreement.
(3) The terms of this Agreement shall be enforceable to the greatest extent allowed by law with respect to Undersigned and WDFI, each of which is defined to include its respective parents, guardians, heirs, executors, administrators, representatives, successors, assigns, trustees, receivers, agents, employees, officers, directors, stockholders, general or limited partners, joint ventures, parent or subsidiary corporations, related or affiliate entities, and all persons, entities, or parties claiming by, through, or under the named parties.
(4) Undersigned agrees to provide WDFI with a properly signed and dated copy of this Agreement before entering or using Property, and to provide, if requested, proof of identification that includes a recent photograph.
(5) Undersigned agrees to comply with all applicable requirements, rules, and regulations of government entities, authorized licensees, and WDFI while using or being present on or in WDFI OR WVA Property.
(6) Undersigned permits use of event photos or video to be used for educational and reporting purposes.
The following signature indicates that Undersigned understands and agrees to comply with all the terms of this Agreement.