THIS AGREEMENT is by and between The President and Board of Regents of the
University of Hawai‘i and the organization shown on The RIO Renewal Application (the
"RIO," for "Registered Independent Organization");
Various organizations comprised primarily of University of Hawai'i at Kapi‘olani
Community College (KapCC) students, faculty or staff desire the University to provide the
organizations with certain benefits. Without approving or disapproving the goals or activities
of particular organizations, the University recognizes that the availability of a wide range of
opportunities for its students, faculty and staff tends to enhance the University environment.
The University is thus willing to provide certain benefits to certain organizations (known as
"RIOs), but those benefits should not be misinterpreted as meaning (1) that the RIOs are
part of or controlled by the University, (2) that the University is responsible for the RIOs'
contracts or other acts or omissions, or (3) that the University approves of the RIOs' goals
or activities.
The University does not use the concept of "recognizing" organizations. They are free to
exist and operate either with or without any University benefits. The purpose of this
Agreement is to describe the entire relationship between the University and the RIO, which
is a party to this Agreement, including all of the University benefits the RIO may receive,
and all of the conditions for their receipt.
Accordingly, the parties agree as follows:
1. Representations
The RIO represents that it is either incorporated or an unincorporated association
existing under the laws of Hawai'i pursuant to the RIO's constitution or statement of
purpose, a copy of the current version of which, and all future amendments, shall be
maintained on file with the University by the RIO. The RIO shall also provide the
University with a list of all current officers and members, their addresses and phone
numbers, and any changes made to this list. The person executing this Agreement on
the RIO's behalf represents that: (a) the members of the RIO were provided with a copy
of this Agreement as proposed and the membership thereafter authorized such person to
execute the Agreement; and (b) the RIO has consulted with its legal counsel concerning
the matters in this Agreement or has had adequate opportunity to do so.
2. Relationship between the RIO and the University
The University is a Hawai'i public educational institution and the RIO is not part of that
institution, but rather exists and operates independently of the University. The RIO is not
an agent, servant or employee of the University, but rather is an independent entity which
manages its own affairs.
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,
officers, members, staff, or activity participants are protected by the University's or the
State of Hawai‘i's insurance policies or self insurance plans, and that the University and
the State will not provide any legal defense for the RIO or its directors, officers, members,
staff, or activity participants in the event of any claim against any of them.
7. Nondiscrimination
The RIO shall not discriminate on the basis of race, sex, age, religion, color, national
origin, ancestry, disability, marital status, arrest and court record, sexual orientation, or
status as a disabled veteran or veteran of the Vietnam era, when determining its
membership, except as exempted by federal, state, and local laws and regulations. In
determining cases of the discrimination it is not sufficient to look merely to the
constitution of the RIO. The RIO's actual practices and operations are also relevant.
8. Funding
To be eligible to receive any funds from the student activity fees collected and
administered by the University or its chartered student organizations, the RIO must
comply with all pertinent state and University fiscal policies and procedures.
9. Use of Facilities
The University hereby makes the RIO eligible for use of the University's facilities, subject
to the respective policies and procedures of the University applicable to such facilities.
10. Term of Agreement
This Agreement shall become effective as of the date written in section 13 and shall
terminate on September 30th of the next applicable academic year or unless terminated
earlier by the RIO, with or without cause, by written notice to the University, or by the
University for good cause if the RIO fails to cure a violation within ten days after it
receives from the University written notice of the violation. Any violation of this
Agreement by the RIO shall constitute good cause for termination by the University. For
a RIO not changing its authorized representative (contact person), this agreement shall
automatically renew upon submission of a RIO Renewal Application on or before
September 30th of applicable academic year.
11. Waiver
Failure of the University to enforce any of the provisions of this Agreement shall not be
construed as a waiver of that provision or any later breach thereof.
12. Notices
Any notice under this Agreement shall be deemed given when deposited in the mail,
postage prepaid, and addressed as follows:
Please provide the name and address of the Main Contact Person for the
organization. This individual must be one of the 6 designated representatives and
the same person listed as “1. Main Contact Person” of this RIO Renewal application.
____________________________ _________________________________
Name Address
______________@hawaii.edu _______________________________
Email Address Zip Code
If to the University: Office of Student Activities Coordinator/Advisor
UH Kapi‘olani Community College
4303 Diamond Head Road, ‘Iliahi 126
Honolulu, Hawaii 96816
13. Entire Agreement; Amendments
This document constitutes the entire agreement between the RIO and the University
concerning this subject matter, and it supersedes all prior written or oral agreements
concerning this subject matter. This Agreement may not be amended except by written
document executed by both parties.
IN WITNESS THEREOF, the parties have executed this Agreement below:
NAME OF RIO: _________________________________________________________
BY ___________________________________________________________________
RIO Authorized Representative’s Name (Main Contact Person)
BY ___________________________________________________________________
RIO Authorized Representative’s Signature (Main Contact Person)
TITLE: _____________________________________________________________
DATE: _____________________________________________________________
BY ___________________________________________________________________
OSA Authorized Officer's Name
BY ___________________________________________________________________
OSA Authorized Officer's Signature
DATE: ________________________________________________________________
Effective Date of Agreement