RELEASE OF LIABILITY, INDEMNITY AND HOLD HARMLESS AGREEMENT
Whereas, the undersigned desires and intends to travel to Germany; and
Whereas, the undersigned has elected to utilize the resources of the Jewish Federation of Greater Philadelphia (“Jewish Federation”) to assist him/ her in facilitating arrangements for the referenced trip to Germany from May 30, 2024 through June 2, 2024; and
Whereas, the Jewish Federation has agreed to facilitate certain travel arrangements to Germany through the Mission; and
Whereas, the undersigned does hereby grant and convey unto Jewish Federation all right, title, and interest in any and all photographic images and video or audio recordings made by Jewish Federation during the undersigned’s Activities with Jewish Federation, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings; and
Whereas, the undersigned acknowledges, understands and agrees that (s)he may and is free to elect to engage in any activities while within Germany, whether or not facilitated by the Jewish Federation, and that the Jewish Federation does not assume responsibility for the undersigned’s safety or any bodily injury, loss of life, illness, and/or other harm, property damage, economic loss or other problem or damage sustained by the undersigned; and
Whereas, the undersigned is embarking on the referenced trip entirely of his/her own volition and without any coercion, duress or other influence of any kind by the Jewish Federation or any person(s) or entity(ies) affiliated or involved in any way with, or acting for or at the behest of, the Jewish Federation; and
Whereas, the undersigned represents and warrants that (s)he, is physically capable of participating in the trip, and to the extent the undersigned is aware of any physical infirmity, ailment or illness that may impact the ability to participate in the trip, the undersigned warrants that a licensed healthcare provider has approved his or her involvement in the trip; and
Whereas, the undersigned recognizes, acknowledges and is fully aware of, understands and expressly assumes the risks and potential dangers of traveling to Germany, including as a result of his/her having reviewed and considered the United States Department of State’s position statement regarding travel to and within Germany and surrounding areas and the United States Centers for Disease Control (CDC) and Prevention Travelers Health Notice for travel to Germany. Current materials are available for review and consideration at www.travel.state.gov and www.cdc.gov, which summarize and memorialize the United States government’s current position regarding travel to Germany and surrounding areas; and
Whereas, the undersigned is aware of the highly infectious and contagious nature of bacterial and viral diseases, including but not limited to the 2019 novel coronavirus disease (COVID-19), and the risk that (s)he may be exposed to or contract such diseases while in or traveling to or from Germany. I understand and acknowledge that such exposure or infection may result in serious bodily injury, loss of life, illness, and/or other harm and/or property damage and economic loss. Notwithstanding the risks associated with such diseases, which are hereby acknowledged and expressly assumed, the undersigned is voluntarily choosing to travel to Germany; and
Whereas, in traveling to Germany, the undersigned recognizes, acknowledges, understands and agrees that (s)he is knowingly and voluntarily exposing him/herself to and expressly assuming the risk of potential violence, bodily injury, loss of life, illness, emotional distress and/or other harm and/or damage to property and/or economic losses; and
Whereas, the undersigned further recognizes, acknowledges, understands and agrees that the Jewish Federation is not obligated to, and will not, provide him/her with life insurance, accidental death and dismemberment insurance, voluntary accidental death and dismemberment insurance, short-or long-term disability insurance, or any other type or form of insurance; and
Whereas, the undersigned recognizes, acknowledges, understands and agrees that should (s)he be exposed to any violence while in or traveling to or from Germany, and/or suffer bodily injury, loss of life, illness, emotional distress, and/or other harm and/or damage to property and/or economic losses as a result of being in or traveling to or from Germany, neither (s)he nor his/her past, present and future agents, representatives, employees, heirs, executors, administrators, successors, assigns, spouses and all other family members (collectively, the “Releasors’) will be entitled to receive any financial or economic benefit, or any other legal or equitable relief, from the Jewish Federation and each and all of its past, present and future agents, employees, officers, directors, representatives, attorneys, insurance carriers, affiliates, successors, assigns and predecessors in interest (collectively “the Released Parties”), except as otherwise stated in the paragraph immediately following below; and
Now therefore, for and in consideration of the Jewish Federation’s agreement to facilitate his/her travel to Germany, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned, on behalf of himself/ herself and any and all of his/ her past, present and future agents, representatives, employees, heirs, executors, administrators, successors, assigns, spouses and all other family members (collectively, the “Releasors”) hereby releases and forever discharges the Jewish Federation and each and all of its past, present and future agents, employees, officers, directors, representatives, attorneys, insurance carriers, affiliates, successors, assigns and predecessors in interest (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of actions, suits, debts, accounts, understandings, contracts, agreements, arrangements, controversies, judgments, damages, losses, and liabilities of whatever kind or character that Releasors ever had, now have or hereinafter can, shall or may have, now or in the future, whether or not now known, and which relate to, are based upon, or arise out of or relate to any one or more of the following:
The Released Parties’ agreement to facilitate travel arrangements to Germany.
The Released Parties’ planned and/ or actual assistance in facilitating the undersigned’s travel arrangements to Germany;
The Mission;
Any and all events that occur prior to, during and following the undersigned’s trip to Germany, other than those resulting solely from reckless conduct or gross negligence by the Jewish Federation which occurs on premises owned, leased and/or controlled by Jewish Federation within the City of Philadelphia, Pennsylvania and/or
Any and all matters of any kind having to do in any way, directly or indirectly, with the subject matter of this Release, Indemnity and Hold Harmless Agreement.
The undersigned understands and agrees to comply with all applicable laws of country(ies) visited during the Mission. (S)he understands that if (s)he has a legal problem while in or traveling to or from Germany, (s)he will attend to the matter personally with his or her own funds and that the Released Parties are not responsible any actual or alleged violations of laws by him or her or for providing any assistance to him or her under such circumstances; and
The undersigned, on behalf of himself or herself and all Releasors, agrees to indemnify, defend and hold harmless the Released Parties from any and all liability, loss, damages, costs, attorneys’ fees and/ or expenses that may result from any and all claims, demands, and actions whatsoever made by, through, under assignment from or in the name of any one or more Releasors or any third party.
The undersigned agrees that any dispute between the undersigned (or anyone bringing a claim on behalf of the undersigned or deriving from injury or loss to the undersigned) and the Jewish Federation must be resolved by submission to the American Arbitration Association offices in Philadelphia, Pennsylvania, to be settled by a single arbitrator in accordance with the arbitration rules then in effect for such Association. Judgment upon an arbitration award may be entered in any court having jurisdiction and will be binding, final and not subject to appeal. No punitive damages will be awarded in an arbitration proceeding or otherwise, and are hereby waived. The undersigned further agrees that this Release, Indemnity and Hold Harmless Agreement shall be construed exclusively under the law of Pennsylvania.
This Release, Indemnity and Hold Harmless Agreement constitutes the sole and entire agreement of the Jewish Federation and the undersigned with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Release, Indemnity and Hold Harmless Agreement may not be modified except in a signed writing by an authorized representative of the Jewish Federation and the undersigned.
If any term or provision of this Release, Indemnity and Hold Harmless Agreement shall be held unenforceable, then the undersigned agrees that the validity of all remaining terms and provisions shall not be affected thereby.
The undersigned is at least eighteen (18) years of age and fully competent, and executes this Release, Indemnity and Hold Harmless Agreement fully intending to be bound by the same. Parent/Guardians’ signature is required for individuals under eighteen (18) years of age.
