Participant/Volunteer Liability & Media Release
In connection with our
volunteer participation for Alexander & Baldwin Sugar Museum, there are
certain terms and conditions you will be asked to comply with. This PARTICIPANT/VOLUNTEER
LIABILITY & MEDIA RELEASE WAIVER sets forth the applicable rules, regulations
and terms of your participation.
1. VOLUNTARY PARTICIPATION. You understand that you are participating in the activities
described herein voluntarily and agree that you are not an agent or employee of
Alexander & Baldwin Sugar Museum from any purpose and are not entitled to
receive compensation for any other employment-related benefits of any kind from
Alexander & Baldwin Sugar Museum. During the
entire term of your volunteer participation, you shall be solely responsible
for your own medical, disability, hazard and liability insurance coverage, and
if you elect not to carry any such insurance, you do so at your own risk.
2. COMPLIANCE WITH
APPLICABLE LAWS, RULES AND REGULATIONS. You
agree that during your participation in the Volunteer Project you will comply
with all applicable federal, state and county government laws and any
applicable policies, rules and all safety and/or other regulations of Alexander
& Baldwin Sugar Museum.
3. USE OF ALEXANDER &
BALDWIN SUGAR MUSEUM TOOLS AND EQUIPMENT. During
your participation in the Volunteer Project, you may have access to and use of
Alexander & Baldwin Sugar Museum-owned tools and equipment. You understand
that any such Alexander & Baldwin Sugar Museum-owned tools and equipment
are to be used solely for activities directly related to the Volunteer Project.
You agree that you 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 you are not comfortable that you can use
such tools and equipment safely, you may decline to use such tools and must
notify Alexander & Baldwin Sugar Museum.
4. CONFIDENTIALITY
AGREEMENT. During the course of your
participation in the Volunteer Project, you may have access materials, data,
strategies, trade secrets, proprietary information, systems or other
information relating to Alexander & Baldwin Sugar Museum and their programs,
which are intended for internal use only. You hereby agree that any such
information acquired by you shall not be used, published or divulged to any
person, firm or corporation or in any advertising or promotion regarding you or
your services, or in any manner or connection whatsoever without first having
obtained the written permission of Alexander & Baldwin Sugar Museum, which
permission Alexander & Baldwin Sugar Museum may withhold in their sole
discretion. The provisions and requirements of this Section shall survive the
duration of the Volunteer Project and shall remain in effect for one (1) year
after your participation ends.
5. PHOTO RELEASE. You understand that during your participation in the Volunteer
Project you may be photographed as part of Alexander & Baldwin Sugar
Museum’s effort to document their programs. By signing this Volunteer Waiver
and Release Agreement you agree to give Alexander & Baldwin Sugar Museum
permission to use your likeness in various media including but not limited to
newsletters, reports, social media, and media releases. You hereby waive any
rights to inspect or approve the finished image.
6. HAZARDS AND RISKS. You understand that there is an inherent risk of personal injury
associated with your voluntary participation in the activities described
herein, including, but not limited to illness, paralysis, permanent disability,
damage to your personal property and even death. You recognize that you may
encounter certain dangers, including but not limited to, riding in vehicles
over unimproved and uneven roads; working near stagnant and flowing water; working
with or in the vicinity of heavy machinery or power tools, walking on pathways
that may be wet, slippery, and steep; walking in areas where solid footing may
be obscured by vegetation or water, and extreme weather. You recognize that close
toed shoes are recommended to minimize the chance of slipping or injury caused
by the work tools you may be using. You also understand that there are not
always toilet facilities, potable water, telephones, or mobile phone coverage,
and that emergency care and evacuation may not be immediately available. You
acknowledge that Alexander & Baldwin Sugar Museum have made no promises to you
about the conditions that you may encounter during your participation in the
activities described herein on this and other subsequent trips, and cannot
guarantee or be responsible for your safety. You affirm that you are in good
health and are not aware of any physical or medical conditions that might
endanger yourself or other participants You will take appropriate steps to
ensure your personal health during participation in the activities described herein,
including obtaining adequate rest, food, water, and carrying any prescribed
medication that you may be taking.
7. COVID-19. The undersigned acknowledges that novel coronavirus (“COVID-19”)
infections have been confirmed throughout the United States, including cases in
Hawaii. Alexander & Baldwin Sugar Museum has taken certain steps to implement
recommended guidance and protocols issued by the Public Health Agencies for
lowing the transmission of COVID-19. The undersigned acknowledges and agrees
that Alexander & Baldwin Sugar Museum may revise its procedures at any time
based on updated recommended guidance and protocols issued by the Public Health
Agencies and further agrees to comply with Alexander & Baldwin Sugar Museum’s
revised procedures prior to utilizing the facilities, services, and programs of
Alexander & Baldwin Sugar Museum. The undersigned further acknowledges and
agrees that, due to the nature of the facilities, services offered by Alexander
& Baldwin Sugar Museum, social distancing of 6 feet per person might not
always be possible The undersigned fully understands and appreciates both the
known and the potential dangers of utilizing the facilities, services, and
programs of Alexander & Baldwin Sugar Museum and acknowledges that use
thereof by the undersigned and/or such participating children may, despite
Alexander & Baldwin Sugar Museum’s reasonable efforts to mitigate such
dangers, result in exposure to COVID-19, which could result in quarantine
requirements, serious illness, disability, and/or death.
8. ASSUMPTION OF
RISKS/AGREEMENT TO RELEASE. You agree that you are
participating in the Volunteer Project and related activities entirely at your
own risk and that to the greatest extent allowed by law, you will not hold
anyone liable or responsible for any injury to yourself (including death), or
for any damage to any of your property. You agree to release from liability Alexander
& Baldwin Sugar Museum and its 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 your participation in the activities
described herein, including any travel before, during, or after the activities.
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 Alexander & Baldwin Sugar Museum and/or any Released Party,
but excludes Losses to the extent caused by the gross negligence or more
culpable conduct of Alexander & Baldwin Sugar Museum and/or any Released
Party. You understand that by making this assumption of risk and release you
are giving up certain legal rights. Specifically, you understand and agree
that, to the greatest extent allowed by applicable law, you are releasing
Alexander & Baldwin Sugar Museum, 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.
You understand that this
is a legal document and you are entering in to a legally enforceable agreement
with Alexander & Baldwin Sugar Museum which is binding on you, your heirs,
and assigns and on those who may claim by or through you. By signing this
document, you acknowledge and agree that you have consulted with legal counsel or
have had the opportunity to do so. You understand that your participation in
the activities described herein depends on your entering into this PARTICIPANT/VOLUNTEER
LIABILITY & MEDIA RELEASE AGREEMENT you may refuse to do so and you
will not be obligated to participate in this or related activities.