-OSA-
10/5/2012
The parties understand and agree that this Agreement is the only source of any "control"
the University may have over the RIO or its activities, except to the extent, if any, the
University chooses to exercise control over activities occurring on its property, or over
matters covered by the University's honor or judiciary systems. The parties understand
and agree that the RIO is not required to enter into this Agreement and the only result of
the RIO terminating, or failing to execute, this Agreement will be the loss of the benefits
described in the Agreement or in the University's policies governing RIOs.
3. Relationship with Third Parties
The RIO shall not hold itself out as being part of, controlled by, or acting on behalf of the
corporation, which is the University. The RIO shall take affirmative steps in all of its
recruitment, business, and other dealings with third parties (including, for example,
prospective members, members, and businesses) to explain its relationship with the
University. As one of such steps, the RIO shall include the following statement (or
another similar statement approved in advance by the University) in the RIO's letters,
contracts, publications and other such written materials (except interuniversity and
intraRIO correspondence):
Although this RIO has members who are University of Hawai'i Kapi‘olani Community
College students, faculty or employees, the RIO is independent of the University,
which is not responsible for the RIO's contracts, acts or omissions.
4. Use of the University's Name and Symbols
The University does not encourage the use of its name as part of the RIO's name, but it
will allow such use provided that, to reinforce the RIO's duties under Section 3 above, the
RIO takes whatever steps necessary to prevent persons and organizations with which it
deals from receiving the impression that the RIO is part of, controlled by, or acting on
behalf of the University. The University suggests that one such step is for any use of the
University's name as part of the RIO's name to be in the form of "The XYZ Club at the
University of Hawai‘i Kapi‘olani Community College." "The University of Hawai‘i Kapi‘olani
Community College XYZ Club" or “The XYZ Club of the University of Hawai'i – Kapi‘olani
Community College” is not acceptable and shall not be used. The RIO shall not use any
marks, symbols, logos, mottos or indicia of the University without the University's express
prior written consent.
5. Taxes
The RIO shall not use the University's taxpayer identification number or the University's
tax exempt status in connection with purchases or sales by the RIO, gifts to the RIO,
interest or other income of the RIO, or any other activity of the RIO.
6. Liability, Insurance and Defense
The RIO understands and agrees that the University, the State of Hawai‘i, and the
employees and agents of either will not be liable for any of the RIO's contracts, torts, or
other acts or omissions, or those by the RIO's directors, officers, members, staff or
activity participants. The RIO understands and agrees that neither it nor its directors,