Pacific Birth Collective Participant Agreement

Participant Waiver and Release Agreement

Important Notice: This document contains important legal information. Please read carefully before participating in any activities hosted by Pacific Birth Collective (PBC). By participating, you acknowledge and agree to the terms outlined below.

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Waiver and Release of Liability

As a voluntary participant (hereinafter referred to as "Participant"), defined as an individual who receives or accesses any goods or services from Pacific Birth Collective (PBC) or attends or participates in any classes or events hosted by PBC.  It also includes professionals providing services through our online directory or at PBC events, spaces and functions.

 

As a Participant I hereby voluntarily execute this Participant Waiver under the following terms

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Release of Liability

I, the Participant, release and hold harmless Pacific Birth Collective, its directors, officers, employees, and representatives from any and all liability, claims, and demands, whether in law or in equity, arising from my participation in PBC's activities. This includes, but is not limited to, bodily injury, personal injury, illness, death, or property damage.

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Waiver of Compensation Claims

I understand and agree that this waiver discharges PBC from any liability or claim for compensation beyond what may be offered by PBC in the event of injury or medical expense during my participation in its activities.

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Media Release

I grant unto PBC all right, title, and interest in any photographic images, video, or audio recordings made by PBC during my participation. This includes any royalties, proceeds, or other benefits derived from such materials.

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Indemnification and Hold Harmless

I understand that PBC shall indemnify and hold harmless the participant for any actions, errors, or omissions of the participant in connection with the performance or non-performance by the participant of its duties pursuant to this Agreement. Likewise, the participant shall indemnify and hold harmless PBC for any acts, errors, or omissions of PBC and its directors, officers, employees, and agents in connection with the performance or non-performance by PBC of its duties pursuant to this Agreement. The foregoing indemnity obligations shall include all claims, demands, judgments, and/or reasonable attorneys' fees and costs incurred by the indemnified party and shall survive the termination of this Agreement.

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Alternate Dispute Resolution (ADR)

I agree that any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be settled through alternate dispute resolution (ADR). In the event of a dispute, the parties agree to use their best efforts to settle it through consultation and negotiation. If a negotiated solution is not reached within 21 days, the parties agree to attempt mediation in good faith before resorting to arbitration. Mediation will be administered by ADR HAWAII in accordance with ADR HAWAII’s Mediation Rules and Guidelines. Any unresolved dispute shall be settled by binding arbitration before one arbitrator, administered by ADR HAWAII in accordance with ADR HAWAII’s Arbitration Rules and Guidelines. The arbitrator shall be mutually agreed upon by the parties, and the prevailing party in arbitration shall be entitled to attorney’s fees and costs. By choosing arbitration, the parties understand that they are waiving their right to trial by jury. The negotiation, mediation, or arbitration shall be conducted in Maui, Hawai‘i.

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I agree acknowledge that I have read and understood the terms of this waiver and voluntarily agree to its content.