Hunting at Parker Ranch
WAIVER, RELEASE AND INDEMNITY AGREEMENT
For your convenience, please review prior to arrival. A hard copy will be provided for your signature prior to the hunt. You may download the Revised Parker Access Permit.doc [87.00KB] .
GENERAL TRANSIT
WAIVER, RELEASE AND INDEMNITY AGREEMENT
On behalf of myself, my children, heirs, executors, administrators, successors, assigns, and successors in interest (hereinafter referred to as “the Participant”), in consideration of the Trustees of The Richard Smart Revocable Personal Trust and the Trustees of The Parker Ranch Foundation Trust and the Trustees of the Parker Land Trust and Parker Ranch, Inc. (collectively referred to hereinafter as “Parker Ranch”), allowing me to access its premises and facilities for the purpose of (without limitation) recreation, research, hiking, gathering rock or timber , service to Parker Ranch or transit to other properties (collectively, “General Transit”) do hereby expressly acknowledge and agree as follows:
1. WARNING AND VOLUNTARY EXPRESS ASSUMPTION OF RISK
Parker Ranch further warns the Participant that Parker Ranch is a working and operational ranch that presents inherent and significant risks and dangers to the Participant that may lead to serious bodily injury, permanent disability, paralysis or death while on ranch premises or in ranch facilities. These risks include, without limitation, injury or death caused by unexploded ordinance; hunting accidents; attack by tamed and untamed livestock, horses and other animals; sheds, fences, equipment, machinery and vehicles; severe wind, flooding, lightning and other natural phenomena; uneven and unimproved ground; and natural and artificial conditions on the land.
The Participant fully understands and acknowledges the scope, nature and extent of the risks involved in general transit and all related activities while on or in Parker Ranch premises and facilities. The Participant further understands that these risks may be caused by the Participant’s own actions or inaction, and the actions or inaction of Parker Ranch and/or others participating in the related activities. These risks may also be caused by the conditions at the locations where the general transit and related activities take place.
The Participant expressly and voluntarily agrees to assume all risk of serious bodily injury, permanent disability, paralysis, death, property damage and all other losses, costs and damages that the Participant may sustain while on or in the Parker Ranch premises or facilities while engaging in general transit and related activities. The Participant understands and acknowledges that there may be other potential risks either not known to Parker Ranch and the Participant or not readily foreseeable at this time, and this Waiver, Release and Indemnity Agreement is also intended to cover all such risks.
2. WAIVER, RELEASE AND DISCHARGE FROM LIABILITY
The Participant hereby agrees to fully waive, release and forever discharge Parker Ranch, its trustees, officers, directors, employees, agents and successors in interest (hereinafter collectively referred to as “Parker Ranch”), from any and all liability and claims for loss and damage, however denominated, that the Participant may have for any and all personal injuries, death or property damage from engaging in general transit and related activities while on or in the Parker Ranch premises or facilities. The Participant understands and agrees that some injuries, losses and damages may not be immediately known and anticipated, and this Waiver, Release and Indemnity Agreement covers, and is intended to cover, any and all liability and claims for losses and damages whether or not known or anticipated. The Participant further agrees that this waiver, release and discharge of liability includes, without limitation, liability and claims for losses and damages for personal injuries, death or property damage caused by the negligence of Parker Ranch and claims against Parker Ranch arising from strict products liability. The Participant agrees and understands that this Waiver, Release and Indemnity Agreement is intended to be a complete and unconditional release of Parker Ranch from any and all liability to the greatest extent allowed by law.
3. COVENANT NOT TO SUE PARKER RANCH
The Participant agrees not to institute any claim, lawsuit or action, however denominated, against Parker Ranch, and further agrees not to assist in the initiation or prosecution of any claim, lawsuit or action, which the Participant or any other person, entity or organization may have by reason of personal injury, death or property damage arising (or to arise) from engaging in general transit and related activities while on or in the Parker Ranch premises or facilities. If married, the Participant agrees to execute this agreement on behalf of him/herself, his/her spouse, and the marital community that they compose.
4. INDEMNITY AGREEMENT
The Participant agrees to indemnify, save and hold harmless Parker Ranch from any and all liability, claims, demands, actions, and causes of action, however denominated, that may be initiated by the Participant and/or any other person, entity or organization now or at any time in the future arising (or to arise) from the Participant engaging in any and all of the activities and actions contemplated by this agreement. The Participant agrees that this indemnity includes reimbursement for all legal costs, including reasonable attorneys’ fees, incurred by Parker Ranch in the defense of all such claims and causes of action.
5. CONTINUANCE OF OBLIGATIONS
The Participant understands and agrees that all of the terms and conditions of this Waiver, Release and Indemnity Agreement shall continue in full force and effect at all times, now and in the future, and shall be binding upon the Participant’s heirs, executors, administrators, successors, assigns, and successors in interest.
6. DISCLAIMERS
The Participant understands and agrees that Parker Ranch does not provide any medical or liability insurance to the Participant for any incident that may occur while on or in the Parker Ranch premises or facilities while engaging in general transit and related activities.
7. DAMAGE TO PARKER RANCH PROPERTY
The Participant agrees to pay for all damage to Parker Ranch property, equipment, facilities, animals or livestock resulting from the negligence, gross negligence or intentional acts of the Participant in the activities contemplated by this agreement.
8. APPLICATION OF HAWAII LAW AND JURISDICTION
The Participant understands and agrees that this Waiver, Release and Indemnity Agreement shall be construed and applied pursuant to the laws of the State of Hawaii. The Participant further agrees that by executing this Waiver, Release and Indemnity Agreement, he/she consents to the personal jurisdiction of the Circuit Court of the Third Circuit, State of Hawaii for all purposes contemplated by this agreement.
9. CONSTRUCTION OF THIS AGREEMENT
The Participant understands and agrees that this Waiver, Release and Indemnity Agreement is a binding and enforceable contract and is not a mere recital. The Participant understands and agrees that this Waiver, Release and Indemnity Agreement supersedes all prior agreements between the Participant and Parker Ranch, and may not be modified except in writing and with the express consent of all parties hereto.
The titles before each section of this Waiver, Release and Indemnity Agreement are solely for the convenience of the Participant, and do not modify, limit or expand the contractual terms stated herein.
In the event that one or more of the contractual terms stated herein is held by a court of competent jurisdiction to be illegal or otherwise unenforceable, the validity and enforceability of the remaining terms shall not be impaired thereby.
10. DISCLOSURE REGARDING UNEXPLODED ORDNANCE
RELEASE OF PARKER RANCH – PERMIT OF RIGHT OF ENTRY
The undersigned requests permission to go upon the lands of Parker Ranch and hereby acknowledges that he/she has been notified of the fact that recent investigations by the Corps of Engineers and their consultant, Earth Tech, have revealed the presence, and potential further presence of UNEXPLODED ORDNANCE located within the lands of Parker Ranch which the undersigned is being given permission to enter upon/traverse. The undersigned also acknowledges that he/she has been given full opportunity to read the Engineering Evaluation/Cost Analysis, Former Waikoloa Maneuver Area, Parker Ranch Region, Kamuela, Island of Hawaii dated March 1999, which is available at the Parker Ranch Headquarters.
The undersigned further acknowledges and agrees that he/she is aware that portions of such lands are raw and unimproved, that Parker Ranch has made no effort to determine or remedy possible hazards located thereon, and that the undersigned enters said land at his/her own risk.
In consideration of permission being granted, the undersigned releases Parker Ranch and its owners, employees, and representatives from all claims or liability for any injury or loss that might occur while on Parker Ranch lands for whatever reason or cause including without limitation unexploded ordnance. The undersigned also acknowledges that unauthorized hunting on Parker Ranch is illegal and violators WILL be prosecuted under HRS 708.813(2).
11. REPRESENTATIONS AND SIGNATURE OF THE PARTICIPANT
I am 18 years of age or older, and I am fully competent to review, understand and execute this Waiver, Release and Indemnity Agreement.
If applicable, I certify that I am the parent or legal guardian of the minor(s) listed below, and I hereby give permission for my child (children) to participate in wild game hunting and weapons firing and related activities on Parker Ranch premises. I further understand and agree that I am executing this Waiver, Release and Indemnity Agreement on behalf of myself and my child (children), and that all terms of this Waiver, Release and Indemnity Agreement shall also apply to my child (children).
Names and ages of minors (if applicable):
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Minors Name Age
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Minors Name Age
In witness hereof, I have executed this Waiver, Release and Indemnity Agreement on this _____ day of ____________________, 200__.
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“The Participant”
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“The Participant”
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Street Address
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City State Zip Code
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“The Participant”
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Street Address
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City State Zip Code
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“The Participant”
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Street Address
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City State Zip Code