In consideration for becoming involved in Hawaii Youth Symphony’s programs and the related activities (collectively, “activities”) conducted by and at Hawaii Youth Symphony, {nameOf113}, hereby agrees as follows:
ASSUMPTION OF RISK: I agree that my child/ward is voluntarily participating in the activities offered by Hawaii Youth Symphony including, but not limited to, the use of the equipment, facilities, and the premises. I am assuming on behalf of my child/ward, all risk of personal injury, bodily harm, disease, dismemberment, death, or disability to my child/ward that may result from participation, or any damage, loss or theft of any personal property which my child/ward may incur. I understand that Hawaii Youth Symphony provides private and group music lessons and performances, and may be driving my child/ward around in the community and taking them to and from places including, but not limited to, rehearsals, concerts, housing, and recreational facilities.
RELEASE OF LIABILITY: I understand that my child/ward will be engaging in group activities, and individual lessons in the community and at facilities and premises provided by Hawaii Youth Symphony. I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold Hawaii Youth Symphony, and its affiliates, instructors, officers, directors, agents, employees, licensors, designers, and advisors, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Hawaii Youth Symphony facility/vehicles (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of my child’s/ward’s participation in Hawaii Youth Symphony programs.
I expressly release and forever discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, disease, death to my child/ward, or damage to instruments or equipment, while participating in any of the activities offered by Hawaii Youth Symphony. This includes, without limitation, the transportation, receiving of instruction, and any other possible activities that may be involved in Hawaii Youth Symphony’s programs. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasees or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, grounds, or any equipment, (d) instruction or supervision (e) slipping, tripping and/or falling while in the facility or on the surrounding premises (f) transportation of your child/ward by Hawaii Youth Symphony staff or volunteers. This Release of Liability also expressly includes a release for any and all claims arising out of
or under applicable Hawaii laws.
I understand that I am voluntarily giving up my and my child’s/ward’s right to bring a lawsuit or claim against the above-mentioned Releasees.
I give HYS permission to make, adapt, publish, distribute, publicly perform, transmit, display and/or otherwise use audio and video recordings and photographic images of my child for archival, fundraising and publicity purposes, in all media now known or hereafter invented, worldwide, royalty-free, and in all fields of use. I hereby release HYS and its audio and video recorders and photographers from any and all liability for use of my child's publicity rights, including my child's name, voice or likeness, whether alone or in composite form. I understand that the audio and video recorders, photographers and HYS can use any artistic procedure for composition needed to produce a product, publication or display, for promotional (including fundraising) reasons.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST HAWAII YOUTH SYMPHONY, SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY HAWAII YOUTH SYMPHONY, IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.
This Release and Waiver will be in effect from the date signed. I have read the above, considered its effects, understand its content and agree, on behalf of myself and my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to my child’s/ward’s involvement with Hawaii Youth Symphony.