II. General Release of Liability
This Release of Liability (the “Release”) is entered into by Visitor in favor of Wai & Aina LLC, and its owners, directors, officers, founders, affiliates, agents and representatives (collectively called “Wai & Aina LLC or Wai & Aina”), in consideration for Wai & Aina permitting Visitor to visit, volunteer or work in Wai & Aina’s facilities and interact with Wai & Aina’s animals. This Release applies to Visitor’s initial visits and all subsequent visits including daytime, short and long term overnight visits, by Visitor to Wai & Aina.
1. Experience & Activities. Visitor desires to experience Wai & Aina’s offerings, tour its facilities, interact with its farm animals, volunteer or simple by present at Wai & Aina's property. Experiences may include long and short term stays per approval by the Wai & Aina owners. Visitor understands Wai & Aina operates working farms that includes, but is not limited to, animals such as cattle, sheep, goats, turkeys, roosters, hens, ducks, and rabbits. By attending an experience and/or tour at Wai & Aina, Visitor may be exposed to animals that may bite, kick, crush, scratch or head butt or have zoonotic diseases. Visitor acknowledges that in addition to the animals owned by Wai & Aina, there may be other wildlife present on the farm, including boar, insects, birds, frogs, and other wild animals. These animals, whether owned by Wai & Aina or wild, may pose potential risks during Visitor's experience at Wai & Aina. Visitor may also be exposed to campfires, farm vehicles, ongoing construction, debris, power tools, downed or live electrical wires, property that has been damaged or in need of repair, slippery or wet surfaces, mud, standing water, falling rocks or tree limbs, uneven or rocky ground or holes or crevices in the roads or ground. Visitor additionally acknowledges that fruits, vegetables, and other farm products provided complimentary by Wai & Aina may be consumed at Visitor's discretion. Visitor hereby releases Wai & Aina from any liability associated with the consumption of these items. Further Visitor acknowledges that participation in work, work exchanges or volunteering at Wai & Aina may involve various activities including, but not limited to, physical labor, fencing, construction, farming, weeding, pruning, building, and the use of manual and power tools, machinery, and other equipment. Visitor understands that these activities carry inherent risks of injury or harm, including but not limited to cuts, bruises, sprains, fractures, concussions, exposure to hazardous materials, and other potential injuries.
2. Waiver and Release. Visitor, together with Visitor’s spouse, heirs, successors, representatives and assigns (collectively, the “Releasing Parties”), agree to assume all responsibility for, and to forever release, waive, discharge, indemnify and hold harmless Wai & Aina, including its directors, officers, agents and affiliates, and their respective successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, demands, losses, damages, actions and judgments of every kind and nature whatsoever which the Releasing Parties may have or which may hereafter accrue to them, against any of the Released Parties on account of any property damage, death, personal injury, illness or disease, and the treatment thereof, including those caused by negligence or carelessness attributable to the Released Parties, whether known or unknown, foreseeable or unforeseeable, relating to my visiting Wai & Aina. In connection with this Release, I knowingly, willingly and expressly waive the provisions, claims, rights and benefits of the Hawaii Revised Statutes § 663-1.6(or any equivalent statute), which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in the releasing party's favor at the time of executing the release and that, if known by the releasing party, would have materially affected the releasing party's settlement with the released party."
3. Assumption of the Risk. Visitor understands that participating in a Wai & Aina experience, offering, volunteer work, work exchange, or tour, or simply being present on Wai & Aina property may include activities that can be hazardous and result in serious injury, illness, disease, death, damage or loss to the Visitor. Visitor understands that activities of Wai & Aina may, in some situations, involve inherently dangerous activities. Visitor expressly assumes the risk of injury or harm in the conditions and activities described in this Release, regardless of whether such risks are foreseen or unforeseen known or unknown.
4. Term. Visitor understands that this Release is perpetual and applies to Visitor’s initial visit and all subsequent visits including daytime, short and long term overnight visits, by Visitor to Wai & Aina.
5. Miscellaneous. This Release shall be governed by and interpreted in accordance with the laws of Hawaii. Visitor agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release.
6. Acknowledgement of Understanding and Intent. Visitor represents that he/she has read this Release and fully understands it is a release of liability. Visitor further represent that he/she is of legal age and legally competent to execute this Release and that Visitor does so of his/her own free will. Visitor has not relied on any representation of any kind or character not contained in this Release. Visitor expressly agrees this Release is intended to be as broad and inclusive as permitted by law.
Visitor agrees to the terms of this Release and understands that Visitor is giving up substantial rights, including the right to sue and recover damages. Visitor intends his/her signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. By signing below, Visitor also agrees that, to the extent Visitor is bringing a minor to Wai & Aina for the tour and/or subsequent visits, Visitor is entering into this Release on behalf of Visitor along with said minor as the minor’s parent or guardian.