Release & Waiver Agreement
Effective Date: 08/01/2022
Thank you for agreeing to participate in Birthright Israel’s Worldwide Connect program (the “Program”). The Program aims to help alumni of the Birthright Israel trip (the “Alumni”) by “pairing” traveling Alumni (each, a “Traveling Alum”) with local Alumni in the city they are traveling to (each, a “Local Alum”), all with the goal of creating real-world, unique travel experiences by enabling Alumni to connect, hang out, and host each other.
The Program is administered by Birthright Israel North America, Inc., a Delaware not-for-profit entity, and Birthright Israel International (CC), an Israeli corporation (collectively, “Birthright Israel”). Birthright Israel North America, Inc. and Birthright Israel International (CC), as well as each of their respective affiliates, sponsors, directors, members, officers, employees, agents, successors, assigns, and all other related parties, shall hereinafter be referred to as the “Birthright Israel Parties.”
You agree that all information that you provide during the registration process is truthful and accurate.
Matching & Connecting
If you are a Local Alum, you hereby permit Birthright Israel to share your personal information with any Traveling Alumni you are matched with. Similarly, if you are a Traveling Alum, you hereby permit Birthright Israel to share your personal information with any Local Alumni you are matched with. Birthright Israel shall ONLY share your name, city of residence, and email address with any matched Traveling/Local Alum. Upon being matched, Birthright Israel will send an email to both the Local Alum and Traveling Alum, encouraging them to connect, although neither party is required to do so even after being matched.
Safety & Security
Please note that other than confirming that all individuals participating in the Program are in fact Alumni, Birthright Israel does not review, check, or verify any information submitted by Traveling or Local Alumni, nor does Birthright Israel screen or conduct background checks on any Traveling or Local Alumni. Accordingly, Birthright Israel does not make any endorsements, claims, warranties, or promises, either explicit or implied, with regard to any Traveling or Local Alumni or the information they have provided to Birthright Israel.
You agree to take reasonable precautions and exercise good judgment in all communications and interactions with Alumni participating in the Program, particularly if you decide to meet in-person. Accordingly, Birthright Israel encourages you to:
You understand and agree that Birthright Israel has no control over the conduct of any Traveling or Local Alumni and all interactions you choose to have with any Traveling or Local Alumni shall be at your sole and absolute discretion.
To report any misconduct by Traveling or Local Alumni or if you have any questions regarding the matching process or the Program, please email Birthright Israel at firstname.lastname@example.org.
Assumption of Risk
You hereby acknowledge and agree that your participation in the Program is at your sole risk, and that to the maximum extent permissible by law, you expressly assume all risks associated with your participation in the Program and that the Birthright Israel Parties assume no responsibility and shall not be held liable for any losses, claims, causes of action, or damages whatsoever in connection with your participation in the Program, including but not limited to personal injuries (including emotional trauma), physical injuries, death, or property damage. By participating in the Program, you agree that the Birthright Israel Parties shall not be liable for losses, claims, causes of action, or damages of any kind and that any remedy that you seek to obtain in connection with your participation in the Program shall be limited to claims against Program participants and/or other third parties who caused or contributed to the losses, claims, causes of action, or damages.
It is expressly agreed and understood that this Release & Waiver Agreement shall in no way be deemed an admission of fault, negligence, or liability of any type or nature on the part of the Birthright Israel Parties.
You hereby agree to release, exculpate, hold harmless, and covenant not to sue the Birthright Israel Parties in connection with any losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, fines, penalties, attorneys’ fees, and for all other costs, fees, expenses, and charges suffered by you, that may have arisen out of or which may be related to your participation in the Program, including but not limited to: i) any loss or damage to your property; ii) any injury to your person, including bodily injury, emotional harm, or death; and iii) any acts or omissions, including negligent acts or omissions, of a Birthright Israel Party, a Traveling/Local Alum, or any third party, and whether or not such act or omission occurred in connection with the Program. This clause is intended to be as broad as possible under applicable laws and to cover all claims that may arise, whether foreseeable or unforeseeable.
Indemnification for Your Acts/Omissions
You hereby agree to indemnify and hold harmless the Birthright Israel Parties in connection with any and all losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, fines, penalties, attorneys’ fees, and for all other costs, fees, expenses, and charges incurred by a Birthright Israel Party or asserted against a Birthright Israel Party by any third party, arising out of your actual or alleged actions in relation to your participation in the Program, including but not limited to your: i) failure to comply with any international, national, state/provincial, or local government laws, ordinances, requirements, or regulations; ii) injury to person or property; iii) act or conduct which violates this Release & Waiver Agreement; or iv) any other act, conduct, or failure to act which is negligent or intentional, whether or not such act or omission occurred in connection with the Program. Birthright Israel shall immediately notify you of any threatened or actual claim and/or lawsuit arising under this Agreement and shall, at its option, allow you to defend against such claim and/or lawsuit. Thereafter, you shall refrain from agreeing to any settlement without Birthright Israel’s prior written consent.
It is further expressly agreed and understood that this Release & Waiver Agreement shall be governed by and construed in accordance with the laws of the County and State of New York, without regard to the conflict of law principles thereof. This Release & Waiver Agreement is intended to be as broad as permissible under the laws of the State of New York and if any portion of this Release & Waiver Agreement, or any terms of this Release & Waiver Agreement be held invalid or unenforceable, in whole or in part, the remainder of this Release & Waiver Agreement shall not be affected, and each remaining portion of this Release & Waiver Agreement shall be valid and enforceable to the fullest extent permitted by law. Additionally, to the extent that any provision in this Release & Waiver Agreement is deemed overly broad in scope or subject in relation to any applicable law, such provision shall be interpreted in a manner that lessens or reduces the scope and/or subject of such provision so as to permit it to remain enforceable to the maximum extent permitted under said applicable law. In the event of a dispute arising under this Agreement, including the applicability of this clause and the validity of this entire Agreement, you agree to first submit such dispute to a mediation proceeding conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and in accordance with the JAMS mediation rules. The mediation shall be conducted either virtually or in-person in New York City by one (1) mediator, both as determined/selected in Birthright Israel’s sole discretion. If mediation does not resolve the dispute within ninety (90) days of the commencement of mediation, the dispute shall be submitted to an arbitration proceeding conducted by JAMS and in accordance with JAMS arbitration rules. The arbitration shall be conducted either virtually or in-person in New York City by one (1) arbitrator, both as determined/selected in Birthright Israel’s sole discretion. The decision of the arbitrator shall be binding upon the parties with the same force and effect as if a non-appealable judgment had been entered by a court of competent jurisdiction. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. All costs and expenses of any arbitration proceeding brought under this clause shall be borne by the losing party.
You have read, understand, and agree to be bound by the provisions of this Release & Waiver Agreement. This Release & Waiver Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior verbal or written contracts, agreements, and/or obligations between the parties. All Sections of this Release & Waiver Agreement which, by their nature, are intended to survive the termination of natural conclusion of your participation in the Program, shall so survive, including but not limited to this Section and the Sections titled “Assumption of Risk,” “Release,” “Indemnification for Your Acts/Omissions.” Absent your agreement to these provisions, you shall not be permitted to participate in the Program.
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