VOLUNTEER ACKNOWLEDGEMENT

Mahalo for your interest in volunteering! All of us here at the Pan Pacific Festival Foundation (“PPFF”) are looking forward to working with you to make this year’s Pan Pacific Festival (the “Festival”) a success. By signing the attached Pan-Pacific Festival Volunteer Application Form (the “Application”), you will consent to this Volunteer Acknowledgement and Agreement (the “Agreement”), so please read the terms and conditions of this Agreement carefully.

Volunteer Agreement:

I agree that my participation in any activities related to the Festival will be on a voluntary basis. Accordingly, I will not be entitled to any compensation, monetary or otherwise, for any services I may provide to PPFF, unless specifically agreed to by PPFF in a separate written agreement. I am not an employee of PPFF, and accordingly am not entitled to any employee benefits that would ordinarily be afforded to an employee of PPFF. In addition, I will not be entitled to reimbursement for any costs or expenses, including without limitation transportation costs, unless agreed to in advance by PPFF in writing. In addition to the terms set forth in this Agreement, I agree to obey and follow all rules and instructions provided by PPFF, its staff, and its agents during the Festival or any other PPFF-sponsored event and to exercise caution and common sense at all times to avoid injuries, accidents, damage, or death to myself or others. I acknowledge and understand that the extent of my participation as a volunteer is entirely at PPFF’s discretion.

Limitation of Liability:

I understand and agree that I am responsible for my own actions. I understand and agree that PPFF is not responsible for any injury or property damage arising out of my participation in volunteer activities with PPFF, even if caused by PPFF’s ordinary negligence or otherwise. I understand that participation in volunteer activities with PPFF involves certain risks, including but not limited to the possibility of serious injury and death. I am voluntarily participating in these volunteer activities with PPFF with full knowledge of the danger involved and I agree to accept all risks of participation. I also agree to release, indemnify, defend (with counsel of PPFF’s choosing), and hold harmless PPFF, its officers, directors, employees, contractors, subcontractors, sponsors, donors, attorneys, agents, and affiliates, from and against all claims or causes of action arising out of, connected with, or related to my participation in volunteer activities with PPFF, including without limitation all present and future claims that may be made by me, my family, estate, heirs, or assigns, whether for property damage, personal injury, wrongful death, or otherwise. I understand that this limitation of liability is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii, and agree that if any portion of this Application is invalid, the remainder will continue in full force and effect.

Media Rights:

I give PPFF, Hawaii Tourism Authority (“HTA”), and Hawaii Visitors and Conventions Bureau (“HVCB”), the full and unrestricted right, in perpetuity and throughout the world, to use my name, voice, likeness, and biographical data, and to edit, reproduce, perform, display, sell, give title to or name, publish, copyright, license, and distribute moving, videotape, and digitally recorded pictures and still photography, with or without sound, and voice recordings and other memorializations (collectively, “Recordings”) created for or in connection with the production of the Festival. The rights granted herein may be exercised in any manner and format, and for any and all purposes, together with the right to sublicense such rights to any third party, in PPFF and its affiliates’ sole discretion. I waive any right to inspect and approve the Recordings, or to approve any use to which the Recordings may be applied.

Acknowledgment:

I confirm that the information given on the attached Application is accurate and complete. I understand that this Agreement is a contract that grants certain rights to and eliminates certain liabilities of PPFF. I have read this Agreement and understand that by signing this Agreement, I am giving up certain legal rights and remedies.