AMVETS Turkey Trot

Release and Waiver Agreement (“Agreement”)

Kapilina Beach Homes · 5100 Iroquois Avenue, ʻEwa Beach, Hawaiʻi 96706 · Rev. 2025-03-06

Purpose: 5th Annual AMVETS Turkey Trot Run / Walk and Toys for Tots Drive
From: Thursday, November 26, 2026, 6:00 AM   To: Thursday, November 26, 2026, 9:00 AM
Name(s) (Releasor): ________________

Releasor intends to enter the Kapilina Beach Homes property. Kapilina Beach Homes property, which includes the Fitness Center, swimming & wading pools, playgrounds, beach, lagoons, volleyball courts, tennis courts, basketball courts, splash pool, meeting rooms, lounges and all other equipment and installations located within the Kapilina Beach Homes property (collectively, “Kapilina Features”). Releasor understands that Releasor may not use any of the Kapilina Features unless this Agreement is first signed and that the Released Parties (defined below) will fully rely upon this document. By signing below, Releasor acknowledges that the use of the Kapilina Features has some inherent risks. Those risks include, but are not limited to:

1. INJURY TO YOU AND YOUR BODY. THE RANGE OF POSSIBLE INJURIES RUNS FROM MINOR, SUCH AS MUSCLE FATIGUE, DISCOMFORT, EMOTIONAL DISTRESS AND EMBARRASSMENT, TO MAJOR, INCLUDING BUT NOT LIMITED TO, SPRAINS, STRAINS, BROKEN BONES, CRUSHED LIMBS, HEART ATTACKS, STROKE, DISFIGUREMENT, OR EVEN DEATH.
2. Additionally, there are risks inherent in using the equipment, facilities, amenities, and installations included in the Kapilina Features, including, but not limited to: FALLING; IMPACT WITH OR TRAUMA CAUSED BY CONTACT WITH THE EQUIPMENT OR WITH THE GROUND; IMPACT WITH OTHER PERSONS OR MOVING OBJECTS SUCH AS BALLS, RACQUETS OR WEIGHTS; DROWNING; SLIPPING AND FALLING; BURNS; ELECTRICAL SHOCK; IMPACT, PINCHING, CUTTING, CRUSHING, OR OTHER DAMAGE AS THE RESULT OF BODILY CONTACT WITH THE MOVING PARTS OF THE MACHINES; INJURIES THAT MIGHT BE CAUSED BY OTHER PERSONS’ ACTIONS, CONDUCT OR BEHAVIOR, INCLUDING USE OR MISUSE OF EQUIPMENT OR FACILITIES; AND OTHER INJURIES THAT MIGHT BE CAUSED BY MALFUNCTIONING OR DAMAGED EQUIPMENT.
3. Regarding the grounds, Lagoons and the Beach, THERE MAY BE TRIP HAZARDS OR UNEVEN TERRAIN WHICH MAKES TRAVEL DANGEROUS ON SHORE. THE WATER MAY CONTAIN CONCEALED HAZARDS INCLUDING DANGEROUS SEA ANIMALS OR ORGANISMS, DANGEROUS DEBRIS AND DANGEROUS CHEMICALS, ALL OF WHICH MAY CAUSE INJURY OR DEATH.
4. Also, the Kapilina Features are generally NOT STAFFED WITH ATTENDANTS AND THERE ARE NO LIFEGUARDS.

As partial consideration for the use of the Kapilina Features, which use may be discontinued at any time without notice at the discretion of the property manager, Greystar Hawaii, LLC:

1. Releasor hereby RELEASES AND DISCHARGES Kapilina (HI) Owner, LLC, Greystar Hawaii LLC, the United States of America, the Department of the Navy, and each of their subsidiaries, parent companies, affiliates, owners, partners, joint venturers, officers, directors, shareholders, members, managers, agents, employees, operators, supervisors, insurers, indemnitors, contractors, predecessors, successors, and assigns (collectively, “Released Parties”) from and against any and all liability, claims, demands or causes of action that Releasor may have now or in the future for losses, injuries and/or damages arising out of Releasor’s use of the Kapilina Features, including, but not limited to, to the extent allowed by law, losses, injuries and/or damages CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
2. Releasor agrees that RELEASOR WILL NOT SUE OR MAKE A CLAIM against any of the Released Parties for damages or other losses sustained as a result of Releasor’s use of the Kapilina Features. Releasor also agrees to INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES for, against, and from all claims, liabilities, judgements and costs, including attorney’s fees and costs, asserted against or incurred by the Released Parties in connection with any action brought as a result of Releasor’s use of the Kapilina Features.
3. Releasor acknowledges and understands that use of the Kapilina Features have inherent dangers that no amount of care, caution, instruction, or expertise can completely eliminate and Releasor EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE USING THE KAPILINA FEATURES WHETHER OR NOT CAUSED BY NEGLIGENCE OR THE RELEASED PARTIES.
4. Releasor hereby recognizes that this Kapilina Features Release and Waiver Agreement (“Agreement”) is a contract, and that by signing it Releasor has released and waived any and all claims against the Released Parties related to Releasor’s use of the Kapilina Features. By signing this Agreement, Releasor acknowledges that Releasor is giving up any rights to recover any and all damages or other legal rights arising out Releasor’s use of the Kapilina Features. Releasor understands and intends that this Agreement is intended to be broadly interpreted to protect the Released Parties from liability.
5. Releasor hereby acknowledges and agrees that Releasor’s use of the Kapilina Features may be revoked or modified at any time for any reason by Greystar Hawaii, LLC, and that such revocation or modification does not provide the basis for any claim whatsoever against any of the Released Parties.
6. Releasor agrees that if any portion of this Agreement is deemed unenforceable, the remainder shall remain in full force and effect.
7. By signing below, Releasor agrees for themselves and also for and on behalf of Releasor’s minor child(ren) who enters the Kapilina Beach Homes property to the above provisions.
8. If any disputes or claims arise that relate in any way to the Kapilina Features, you agree to attempt to resolve such disputes with the Released Parties informally. You agree that any disputes that cannot be informally resolved, including disputes regarding the enforceability of this agreement or any portion of it, will be submitted by Releasor and the Released Parties to mediation. The mediation shall be conducted by Dispute Prevention and Resolution, Inc. All costs and expenses for the mediation shall be shared equally (50%/50%) between Releasor and the Released Parties; and each party shall be responsible for its own attorneys and costs. If a resolution is not reached through direct, informal discussions or mediation, Releasor agrees to submit these disputes to binding arbitration through Dispute Prevention and Resolution, Inc. Releasor and the Released Parties agree to a one-person arbitration panel. The costs of the arbitration shall be shared equally (50%/50%) between the Releasor and the Released Parties; provided that each party shall be responsible for its own attorneys and costs. Releasor agrees that the arbitrator shall first decide the issue of the validity or enforceability of this agreement. If the arbitrator decides that the release provisions of this agreement are invalid, inapplicable, or unenforceable, you and the Released Parties agree to submit your claims to further Arbitration. The same arbitrator shall hear and decide the claims only with the mutual consent of Releasor and the Released Parties. In the absence of mutual consent, a new arbitrator shall be selected. Other persons may be allowed to join as a party to the mediation or arbitration only with the expressed, written consent of the Released Parties. Any part of this agreement notwithstanding, the parties to this agreement agree to arbitrate any dispute about the enforceability or validity of this agreement.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND MEANING, AND SIGN IT OF MY OWN FREE WILL.