PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Program Organizer: Sain Mamau

1. Assumption of Risk

I, the undersigned participant (or parent/guardian if under 18), acknowledge and understand that participation in outdoor, aquatic, cultural, physical, and group activities involves inherent risks, including but not limited to: slips, falls, drowning, allergic reactions, insect bites, physical exertion, emotional distress, exposure to environmental elements, and contact with wildlife. I voluntarily assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable.

2. Waiver and Release of Liability

In consideration of being permitted to participate in the above-named program and any future affiliated activities:

I, for myself and on behalf of my heirs, executors, administrators, assigns, personal representatives, and next of kin, waive, release, discharge, and hold harmless Sain Mamau, its board members, officers, directors, employees, contractors, agents, volunteers, sponsors, and partners (“Released Parties”) from any and all liability, claims, demands, losses, or damages (including legal fees and costs) arising out of or related to any injury, illness, disability, death, or property damage, even if caused in whole or in part by the negligence of the Released Parties.

This release is intended to be as broad and inclusive as permitted by applicable law.

3. Medical Authorization and Consent

In the event of an emergency, I authorize Sain Mamau staff, volunteers, or contracted personnel to secure and provide medical treatment for myself or my child, including but not limited to emergency first aid, CPR, hospitalization, or surgery. I understand that every effort will be made to contact emergency contacts listed, but treatment will not be delayed if necessary.

I understand and accept full financial responsibility for any medical services rendered and hold the Released Parties harmless for any related decisions or outcomes.

4. Personal Property

I understand that Sain Mamau is not responsible for personal belongings that are lost, stolen, or damaged during the program.

5. Photo and Media Release

I grant Sain Mamau the irrevocable right and permission to take and use photographs, videos, audio recordings, and written statements of myself/my child for promotional, archival, or educational purposes in print, online, or multimedia format, without compensation. I waive the right to inspect or approve the final materials or media placement.

(☐ Check here to opt-out of photo/media use.)

6. Behavior and Dismissal Policy

I understand that all participants must follow the Code of Conduct and all program rules. Sain Mamau reserves the right to dismiss any participant whose behavior endangers themselves or others, or disrupts the experience for others. No refunds will be issued in the event of dismissal for misconduct or rule violations.

7. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, suits, liabilities, damages, or costs (including attorney’s fees) brought by or on behalf of me or my child, or any third party, related to participation in the program.

8. Severability and Governing Law

If any provision of this waiver is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.

Acknowledgment and Signature

I have read this waiver carefully, fully understand its terms, and agree to it knowingly and voluntarily. I understand I am giving up substantial legal rights by completing registration for the program and signifying that I have read and agreed to this waiver. This waiver shall remain in effect for the duration of the named program and any future affiliated events I/this participant attend(s) under Sain Mamau.