Volunteer Waiver and Release Agreement

The Reorganized Olowalu Cultural Reserve DBA Kipuka Olowalu leads volunteers in native plant, stream, and lo‘i kalo restoration efforts in the leased lands in Olowalu, Maui known as The Olowalu Cultural Reserve. Kipuka Olowalu partners with Olowalu Elua Associates LLC, together known as the “Partners.” In connection with your volunteer participation, there are certain terms and conditions you will be asked to comply with. This Volunteer Waiver and Release Agreement sets forth the applicable rules, regulations and terms of your participation and the participation of all project personnel, associates, visitors and volunteers.

● I agree I am participating as a volunteer at my own risk
● I agree I have read, understand, and accept the hazards and risks.
● I agree to consent to transportation and medical treatment.
● I agree that I am and remain responsible for all insurance coverage.
● I agree to the instructed proper use of tools and equipment.
● I agree to the photographic/recording release.
● I agree to comply with applicable laws, rules and regulations.
● I agree to the assumption of risks and agree to release.

1. VOLUNTARY PARTICIPATION. I understand that I am participating in the activities of the Volunteer Project described herein voluntarily and agree that I am not an agent or employee of the Partners for any purpose and am not entitled to receive compensation or any other employment-related benefits of any kind from the Partners.

2. HAZARDS AND RISKS. The routes to the field sites often follow unpaved roads through active diversified agricultural operations, then four-wheel drive roads and hiking trails; the terrain is often steep, slippery and remote. I am hereby advised that wearing shoes with good traction, a heel, and good ankle support is recommended for the area to minimize the chance of slipping off the trail. I am also hereby advised that staying hydrated, wearing sun-protective clothing and applying/re-applying sunscreen and insect repellent are recommended to minimize dehydration, sun exposure and insect bites and stings. I recognize and appreciate that there is an inherent risk of personal injury present during my voluntary trip, including, but not limited to illness, paralysis, permanent disability, damage to my personal property and even death; and I agree that I am participating of my own volition. I acknowledge that during this trip and any subsequent trips, I may encounter certain dangers, including but not limited to: extreme weather conditions – ranging hot and humid to wet and cold; intense UV light exposure; gusty winds; flash floods; landslides and falling rocks; steep and slippery trails; river crossings; ridges and cliffs; sharp and or slippery rocks; dense vegetation which may obscure solid footing; thorny plants; wild animals; stinging or biting insects; disease carried by water, air or animal vectors; riding in vehicles over unimproved and uneven roads; working with or in the vicinity of heavy machinery or power tools. I am aware that portions of the area are not suitable for small children or people with a fear or heights. I acknowledge that the Partners make no representations or warranties, expressed or implied, regarding the conditions that may be encountered during any such trip. I also understand that there are not always bathroom facilities, potable water, or telephones, and that emergency care and evacuation may not be immediately available. I acknowledge that the Partners have made no promises to me about the conditions that I may encounter during my participation in the activities described herein on this and other subsequent trips and cannot guarantee or be responsible for my safety.

I also acknowledge that the field sites and the access roads to the field sites are located near and on land historically or currently used for diversified agriculture operations which may bother or be a nuisance to me or may adversely affect my health. These uses include, but are not limited to, open burning, percolating, evaporating, milling, generating power, trucking, plowing, hauling, fertilizing, grading, storing, ground and aerial spraying of herbicide, ripener, and pesticides, water diversion, irrigating, and all other activities incidental to the planting, cultivating, harvesting and processing of coffee and other diversified agricultural crops, which may from time to time cause surface water runoff, noise, soot, smoke, dust, light, heat, vapors, odors, chemicals, vibrations, and other substances and phenomena of every description (Collectively the “Agricultural Effects”) to be discharged emitted, or transmitted over and upon the preserve and/or access roads to the preserve. I also acknowledge that the Hawai‘i Right to Farm Act (H.R.S. Chapter 165) and Hawai‘i law limit the circumstances under which farming operations may be deemed a nuisance.<br>
I affirm that I am in good health and am not aware of any physical or medical conditions that might endanger myself or other participants. I will take appropriate steps to ensure my personal health during participation in the activities described herein, including obtaining adequate rest, food, water, and carrying any prescribed medication that I may be taking.

3. CONSENT TO TRANSPORTATION AND MEDICAL TREATMENT. I consent to the use of first aid treatment and the use of generic and over the counter medications and treatments as directed by manufacturer labels, whether administered by the Partners or first aid personnel. In an emergency, I understand the Partners may try to contact the individual listed below as an emergency contact. If an emergency contact cannot be reached promptly, I hereby authorize the Partners to act as an agent for me to consent to any examination, testing, x-rays, medical, dental or surgical treatment for me as advised by a physician, dentist or other health care provider. This includes, but is not limited to, my assessment, evaluation, medical care and treatment, anesthesia, hospitalization, or other health care treatment or procedure as advised by a physician, dentist or other health care provider. I also authorize the Partners to arrange for transportation of me as deemed necessary and appropriate in their discretion. I, the Volunteer, do hereby release, forever discharge and hold harmless the Partners from any liability, claim, demand, and action whatsoever brought by me or on my behalf which arises or may hereafter arise on account of any transportation, first aid, assessment, care, treatment, response or service rendered in connection with my Activities with any of the Partners.

4. INSURANCE. I understand that, except as otherwise agreed to by the Partners in writing, the Partners are under no obligation to provide, carry or maintain health, medical, travel, disability or other insurance coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own health, medical, travel, disability or other insurance coverage. I understand that I am and remain responsible for payment of such hospital, physician, ambulance, dental, medical or other services obtained for me or my child. I agree that the Partners do not assume any responsibility for the payment of such fees or expenses which may be incurred. If I have health insurance, I understand my personal health insurance is my primary coverage.

5. USE OF THE PARTNERS TOOLS AND EQUIPMENT. During my participation in the Volunteer Project, I may have access to and use of Partner-owned tools and equipment. I understand that any such Partner owned tools and equipment are to be used solely for activities directly related to the Volunteer Project. I agree that I have been properly instructed in and understand the proper use or operation and associated risk of any equipment, machinery, or tools and will operate such tools properly. If I are not comfortable that I can use such tools and equipment safely, I may decline to use them and must notify the Partners.

6. PHOTOGRAPHIC/RECORDING RELEASE. With the exception of prior written consent from the Partners for commercial media purposes, I hereby grant and convey unto the Partners all right, title and interest in any and all photographs and video/audio/electronic recordings of me, including as to my name, image and voice, made by or on behalf of any of the Partners during my activities with the Partners, including, but not limited to, the right to use such materials for any purpose and to any royalties, proceeds or other benefits derived from them. I understand that I will not have any ownership interest in or to such photographs, images and/or recordings, I have not been provided or promised any compensation to me, and I hereby waive any rights, privileges or claims based on any right of publicity, privacy, ownership or any other rights arising, relating to or resulting from the photographs, images and/or recordings.

7. COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS. I agree that during my participation in the Volunteer Project I will comply with all applicable federal, state and county government laws and any applicable policies, rules and all safety and/or other regulations of the Partners.

8. ASSUMPTION OF RISKS/AGREEMENT TO RELEASE. I agree that I am participating in the Volunteer Project and related activities entirely at my own risk and that to the greatest extent allowed by law, I will not hold anyone liable or responsible for any injury to myself (including death), or for any damage to any of my property. I agree to release from liability the Partners and the employees, agents, contractors, directors, and affiliates or related subsidiary or parent companies of each (“Released Party”) in connection with any and all costs, damages, losses, claims, causes of action, and liabilities (herein “Losses”) which you may suffer in connection with my participation in the activities described herein, including any travel before, during, or after the activities. I agree that I have completed the Volunteer Orientation, which includes completing any required trainings, safety briefings, and reading of the MCL Volunteer and Safety Handbook.

This assumption of risk and release, to the greatest extent allowed by law, expressly includes all Losses that are caused by the active or passive negligence of the Partners and/or any Released Party but excludes Losses to the extent caused by the gross negligence or more culpable conduct of the Partners and/or any Released Party. I understand that by making this assumption of risk and release I are giving up certain legal rights. Specifically, I understand and agree that, to the greatest extent allowed by applicable law, I am releasing the Partners their predecessors, successors, assigns, affiliates, subsidiaries and parent companies of each Released Party from the consequences of its negligence, even if that negligence causes personal injury, death or property damage.

9. VOLUNTEER ORIENTATION MATERIALS. I acknowledge that the following Volunteer Orientation materials have been made available to me: Volunteer and Safety Handbook, Safety Briefing, Volunteer Waiver and Release, any necessary training. By signing this document, I acknowledge that Iunderstand and agree to the contents of the Volunteer Orientation materials, and have, therefore, completed the Volunteer Orientation. I understand that this is a legal document and I am entering into a legally enforceable agreement with the Partners which is binding on me, my heirs and assigns and on those who may claim by or through me. By signing this document, I acknowledge and agree that I have consulted with legal counsel or have had the opportunity to do so. I understand that my participation in the activities described herein depends on my entering into this Volunteer Waiver and Release Agreement and that if I do not want to sign this Volunteer Waiver and Release Agreement I may refuse to do so and I will not be obligated to participate in the Volunteer Program or related activities.