MISSION LIABILITY RELEASE AND AGREEMENT
I, (the “Participant”), hereby confirm my desire to participate in a trip outside the United States (the “Mission”) organized by the Jewish Federation of Greater Philadelphia and Jewish Learning Venture (the “Organizers”). As a condition of my voluntary participation in the Mission, I agree to be bound by the terms and conditions of this mission liability release and agreement (this “Agreement”).
Before-and-After Mission and Personal Time. I understand that none of the Organizers, each and all of their past, present and future agents, employees, officers, directors, representatives, attorneys, insurance carriers, affiliates, successors, assigns and predecessors in interest (the “Organizers Parties”) is responsible for my actions or liable to me in any way should I extend my stay either prior to the start of the Mission or following the conclusion of the Mission, or should I undertake activities during the Mission on personal time that are not organized by the Organizers.
Travel to Warzone. I understand that I am traveling to Israel during a period of war. I have decided to make this trip notwithstanding the fact of war, its inherent risks and dangers and the possibility that I could be injured, harmed, or attacked during my visit. I know that violence can occur in Israel – particularly during an active war effort – without warning. I acknowledge and affirm that, notwithstanding any security arrangements that may be made by Organizers for me and others during my participation in the Mission, the Organizers do not, and cannot, guarantee and are not responsible for the safety of my person or property during the Mission or any Mission-related activities.
Medical Clearance. I have consulted a physician who has advised me that I am in good health, do not suffer from any physical or mental ailment or disability that requires any medical or surgical care or treatment, or that would make travel and/or participation in the Mission hazardous, unwise or a potential source of danger to me or to others who may travel with or participate in the Mission, including but not limited to as may relate to the current COVID-19 global pandemic. I agree that if any significant change concerning my health and medical condition should occur prior to my departure for the Mission, I will inform the Organizers in writing. I have consulted a physician who has advised me of any medications or inoculations recommended before, during, or after the Mission. I understand that I am fully responsible at all times for my own health leading up to, while participating in, and following the conclusion of the Mission.
I understand and agree that none of the Organizers Parties are liable whatsoever or responsible for any medical care, hospitalization or emergency evacuation incurred prior to my departure from Israel or after my return to my home country, irrespective of whether I am travelling with the Organizers or separately to participate in the Mission. In case of medical or surgical emergency on the Mission, I understand and agree that available medical professional(s) may transport, hospitalize or otherwise secure proper treatment for me and may order such treatment for me as is deemed necessary, and that I shall be solely responsible for any and all costs associated with such transport, treatment, hospitalization.
Information and Assumption of the Risks Related to COVID-19. I understand that there are certain dangers inherent in my participation in the Mission at this time relating to the spread of COVID-19, which is contagious and presents a danger of illness, short- or long-term disability, and, in some cases, death, as well as potential transmission to others. I understand that risk of exposure to COVID-19 is present in any place where people are present. I also understand that there is a potential heightened risk related to COVID-19 for certain persons based on age, certain underlying medical conditions, or other factors. More information about heightened risk factors can be found here: www.cdc.gov. I understand that it is possible that contraction of and/or illness or other complications related to COVID-19 may occur while traveling to/from and during the Mission. I agree that I have full knowledge of and assume the risks involved in participating in the Mission as they relate to COVID-19.
I understand that my home country and/or the country/ies to be visited on the Mission may impose certain testing, quarantine, and other rules, requirements, and obligations related to COVID-19. I hereby agree to abide by any such rules, requirements, and obligations as may be in place while traveling to/from and during the Mission. I further agree that I shall be solely responsible for any and all costs associated with abiding by such rules, requirements, and obligations, including if they may result in the need to extend my stay in the country/ies to be visited on the Mission (such as in the event of a mandatorily imposed quarantine). I also agree to abide by any rules, requirements, and obligations related to COVID-19 as may be imposed by the Organizers, including but not limited to requirements regarding social distancing and use of facial coverings or other personal protective equipment.
I hereby represent and warrant that I presently do not show any symptoms of COVID-19, including but not limited to, fever, cough, shortness of breath/difficulty breathing, or new loss of taste or smell (a full list of symptoms can be found here: COVID-19 Symptoms), and will not participate in the Mission if I incur or begin to show any of these symptoms at any time in the 14 days leading up to and inclusive of the date of departure for the Mission.
Voluntary Participation, Assumption of the Risks, and Pre-Trip Information. I have decided to voluntarily participate in the Mission and understand and agree to accept any and all risks to my safety and security associated with participating in the Mission, including but not limited to property damage and loss, death, physical and/or psychological injury or temporary or permanent disability by illness (including, without limitation, COVID-19), accident, disease or terrorist act, and contracting or transmitting illness (including, without limitation, COVID-19), and will not hold the Organizers Parties responsible for any claims or losses that may arise out of or relate to my travel to/from and participation in the Mission. I acknowledge and affirm that, notwithstanding any security arrangements that may be made by the Organizers, the Organizers do not, and cannot, guarantee and are not responsible for the safety of my person or property during the Mission or any Mission-related activities, including, but not limited to, airline travel (including commercial and chartered flights), ground transportation, meals, lodging, or recreational activities. I acknowledge that certain activities during the Mission, including, but not limited to, hiking, rafting, snorkeling, swimming, camping, and bus and jeep rides may be subject to certain hazards and that by voluntarily participating in the Mission and these activities I understand the dangers and risks involved.
I acknowledge that I have been given certain basic information including: (1) a proposed itinerary,
(2) the current United States Department of State’s Worldwide Caution, and (3) the current United States Department of State’s and Centers for Disease Control and Prevention (CDC)’s travel advisories for the country/ies to be visited on the Mission, regarding country conditions, dangers, and risks; and I have read and understood the information provided. I understand that, in advance of the Mission, I may periodically check the State Department’s website, found at www.travel.state.gov, and the CDC’s website, found at www.cdc.gov, to see if the country travel advisories or the worldwide caution have been superseded by new information. I understand that the informational resources provided by the Organizers regarding travel and conditions in the Mission locations are offered as one resource only, and that the information does not purport to be complete or comprehensive. I am aware that there are inherent risks in travel related to the Mission, and that the political, cultural, law enforcement, and health and safety environments in these countries may differ substantially from those in the United States. In addition to having read and understood the information provided, I, therefore, have researched and educated, or have had the opportunity to research and educate, myself regarding specific risks related to traveling to the locations of the Mission and/or I have consulted with a travel expert. I agree that the Organizers reserve the right to make changes to the Mission’s itinerary (or to cancel or postpone its Mission in part or whole) any time and for any reason, with or without notice. I understand and agree that should there be any such changes to the Mission’s itinerary, I will keep myself apprised of any updates to the information, and that in addition to having read and understood the updated information, I have had the opportunity to research and educate myself regarding specific risks related to traveling to the locations of the Mission and/or I will consult with a travel expert based on any changes to the Mission’s itinerary.
Liability Release. I agree that none of the Organizers Parties shall be liable for any action taken or omitted to be taken by an Organizers Party in connection with or in any way related to the Mission. I understand and agree that, to the extent there are risks or dangers known to the Organizers associated with the Mission, the Organizers have taken reasonable steps or will take reasonable steps to make me aware of such risks or dangers. However, I also understand and agree that the Organizers Parties will not be responsible for the operation and management of any of the facilities which may be used or visited in connection with the Mission or for the actions or inactions of any third parties, or for any damage or claim arising therefrom. In light of the information provided to me and in consideration of my being permitted to participate in the Mission, I do, for myself, my spouse, heirs, executors, administrators and assigns, release and forever discharge the Organizers, as well as their respective subsidiaries, members, affiliates, predecessors, successors and assigns, and all of their respective past, present and future officers, directors, shareholders, members, employees, agents, and contractors, and their respective heirs, executors, administrators and assigns (individually, an “Organizers Party” and, collectively, the “Organizers Parties”) relating to any and every claim against any Organizers Party or the Organizers Parties relating to or arising out of my participation in the Mission, including but not limited to any claim arising from or by reason of any bodily injury, personal injuries (including emotional trauma or distress), contraction of or transmission of any illness, temporary or permanent disability, death, or property damage resulting or alleged to result from any accident, incident, or other episode or cause, whether known or unknown, that may occur during or as a result of my participation in the Mission, whether or not based upon the negligence of, or breach of contract by, any Organizers Party or any other party for whose acts or omissions any Organizers Party or Organizers Parties may be responsible under any applicable legal principle, except for any claim that may not be released as a matter of law (collectively, the “Released Claims”). I do, for myself, my spouse, heirs, executors, administrators and assigns, covenant not to sue in a court of law or equity or to otherwise pursue a legal action against the Organizers and/or the Organizers Parties upon any of the Released Claims, and indemnify the Organizers and the Organizers Parties against reasonable attorneys’ fees and other costs and litigation expenses incurred in the defense thereof.
Indemnity. I agree that none of the Organizers Parties shall be liable for any action taken or omitted to be taken by any third party, including but not limited to physicians, sponsors or participants affiliated with the Mission, in connection with or in any way related to the Mission or my participation. I hereby indemnify, and agree to hold harmless, to the fullest extent permitted by law, the Organizers and the Organizers Parties from and against any and all loss, claims, damages, liabilities, or actions (including, without limitation, any loss, claims, charges, liabilities, or actions arising out of the negligence or alleged negligence of any third party) in any way arising out of, connected with, or attributable to my participation in the Mission (including, without limitation, any general medical treatment or emergency medical treatment rendered to me in the event of need).
Express Third-Party Beneficiaries. I acknowledge and agree that this Agreement is entered into for the express benefit of each and all the Organizers Parties, and that each JFGP Party is relying on this Agreement, and that each Organizers Party shall be in all respects entitled to the benefit of this Agreement and to enforce the provisions hereof.
Governing Law, Severability and Venue. This Agreement shall be interpreted and enforced in accordance with the laws of the Commonwealth of PA without regard to its conflict of law rules and shall be construed as broadly and inclusively as permitted by such laws. If any provision, or aspect of any provision, of this Agreement is held invalid by any court of competent jurisdiction, in such event, the balance of this Agreement shall continue in full force and effect and be enforced as if the invalid provision, or aspect of a provision, were not contained in this Agreement. Venue and jurisdiction of any lawsuit involving this Agreement shall be vested exclusively in, and I hereby consent to the jurisdiction of, the federal courts sitting in Philadelphia County, Pennsylvania.
Entire Agreement. This Agreement contains the entire agreement between you and the Organizers on the subject matter contained herein and supersedes any prior or contemporaneous agreements, understandings, and negotiations regarding the Mission.
Required Agreement Acceptance. I have carefully read this Agreement, understand its contents and acknowledge that it contains a release of liability, and such is a binding and fully enforceable contract between me, on one hand, and the Organizers and all the Organizers Parties, on the other hand. Having consulted, or having had the opportunity to consult, my own counsel as to the meaning and legal effect of this Agreement, I have voluntarily signed this Agreement, signifying my intent to be legally bound herein.
I , on behalf of myself and any and all of my 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 Organizers and Organizers 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 Mission;
Any and all events that occur prior to, during and following the undersigned’s trip to Israel, other than those resulting solely from reckless conduct or gross negligence by the Organizers which occurs on premises owned, leased and/or controlled by the Organizers 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.
I understand and agree to comply with all applicable laws of country(ies) visited during the Mission. I understand that if I have a legal problem while in or traveling to or from Israel, I will attend to the matter personally with my own funds and that the Organizers Parties are not responsible for any actual or alleged violations of laws by me or for providing any assistance to me under such circumstances; and
I, on behalf of myself and all Releasors, agree to indemnify, defend and hold harmless the Organizers 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.
I agree that any dispute between me (or anyone bringing a claim on behalf of me or deriving from injury or loss to me) and the Organizers must be resolved by submission to the American Arbitration Association, 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.
I further agree that this Release, Indemnity and Hold Harmless Agreement shall be construed exclusively under the law of the Commonwealth of Pennsylvania.
This Release, Indemnity and Hold Harmless Agreement constitutes the sole and entire agreement of the Organizers 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 Organizers and me.
If any term or provision of this Release, Indemnity and Hold Harmless Agreement shall be held unenforceable, then I agree that the validity of all remaining terms and provisions shall not be affected thereby.
I am at least eighteen (18) years of age and fully competent, and execute 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.
I HAVE READ THE ABOVE RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND AND VOLUNTARILY ACCEPT ITS TERMS AND CONDITIONS
