In Community With Food Event Waiver
Last modified: January 2023
This waiver of claim is given by the undersigned RELEASOR to CG Management LLC, a Hawaii limited liability company doing business in the State of Hawaii (“CGM”) as well as CGM’s members, managers, employees and agents (collectively referred to as CG, CGM OR COMMON GROUND).
RECITALS
1. CGM leases & manages agriculture land located in Town of Kilauea, County of Kauai, State of Hawaii, which real property is commonly known as: 4900 Kauwa Rd and referred to as, “Common Ground”.
2. CGM conducts an active farming operation on Common Ground.
3. The undersigned desires to enter onto Common Ground as a guest and recognizes that execution of this waiver is a condition precedent to his/her entry onto Common Ground.
4. The undersigned represents and warrants that if he/she will be accompanied by minor children, that he/she has the legal responsibility for safety of such children identified below.
WAIVER OF CLAIMS AND COVENANT NOT TO SUE
1. The undersigned, on his/her behalf and on behalf of his/her minor children and wards, hereby waives any and all claims he/she (and his/her minor children and wards) may have against CG for death, personal injury or property damage occurring while present on Common Ground to the extent such claims exceed the limits of any premises liability insurance that CG may purchase for the protection of its invited guests.
2. I certify that I am physically able to visit Common Ground and participate in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
3. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue CG, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment and premises used to conduct CG or related activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in CG, including any programs, events or activities, and including any injury or damage to my person or property, or to that of any other person or property. However, if CG files a claim against me, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my visitation to and participation in CG, including in any program, event or activities. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
4. Any action to interpret or enforce this waiver shall be brought in state or federal court in Honolulu, Hawaii. This waiver shall be interpreted and enforced in accordance with California law without respect to its conflicts of law principles.
MEDIA RELEASE
I grant permission to CGM the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release CGM and their legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
COVID-19 AGREEMENT
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that CG has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that CG can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.
I voluntarily seek services provided by CG and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
5. I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
6. I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
7. I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
8. I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.