ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT RELATING TO CORONAVIRUS/COVID-19 (“Waiver”)
In consideration of the right for me, my minor child(ren), and/or my guardianee to participate in Union of Orthodox Jewish Congregations of America (the “Orthodox Union”) programs or events, including, without limitation, social gatherings, trips, Shabbatons, sports and physical activities, and programs and activities of Project Community (collectively, the “Events”) I hereby acknowledge and agree as follows, on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract:
- The novel coronavirus, (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, or by contact with contaminated surfaces and objects, and by airborne transmittal. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown. There is no known treatment or cure for Covid-19. The U.S. Food and Drug Administration has recently issued emergency use authorizations for three vaccines for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
- The Orthodox Union cannot prevent me, my child[ren] and/or my guardianee from becoming exposed to, contracting, or spreading COVID-19 while attending the Events or traveling to or from the Events. It is not possible to prevent against the presence of the disease. Therefore, I, my child[ren] and/or my guardianee may be exposed to and/or increase my/our risk of contracting or spreading COVID-19 by attending the Events, including risk of exposure to members of my/our household, or others.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in the Events. If signing this Waiver on behalf of my minor child(ren) and/or guardianee, I hereby willingly permit my minor child(ren) and/or guardianee to participant in the Events.
- ASSUMPTION OF THE RISK. I understand and assume the risk of my, or my minor child(ren) and/or guardianee, becoming exposed to or infected by Covid-19 at the Events and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by Covid-19 may be the result of the actions, omissions or negligence of myself, my minor child(ren), and/or my guardianee and others, including, but not limited to Orthodox Union employees, agents, representatives, volunteers and program participants and their families, and I voluntarily assume all such risks on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract.
- WAIVER OF LAWSUIT/LIABILITY. By signing this Waiver, I hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE, (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract), the Orthodox Union, and their current or former respective officers, directors, trustees, affiliates, agents, employees, independent contractors, consultants, advisors, vendors, volunteers, licensees and assignees (collectively “Releasees” and each a “Releasee”) from any and all liability related to Covid-19 exposure or infection (or any illness or condition related thereto) which might occur as a result of me, my minor child(ren), and/or my guardianee participating in the Events. I understand and agree that this release means that I give up my right (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) to bring any claims, including claims for personal injuries, death, disease, property loss, or any other losses, based on the negligence (active or passive) of the Orthodox Union, and its current or former employees, agents, representatives, volunteers, and program participants and their families, whether a Covid-19 infection occurs before, during or after participation in any of the Events.
- INDEMNIFICIATION. By signing this Waiver, I hereby agree to defend, indemnify, and hold harmless (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) the Releasees from and against any and all claims, demands, suits, judgments, losses, expenses, damage, liability and/or responsibility, including, without limitation, reasonable attorneys’ fees and costs, arising from or out of, or relating to, directly or indirectly, Covid-19 exposure, infection, or spread (or any illness or condition related thereto) which might occur as a result of me, my minor child(ren), and/or my guardianee participating in the Events, to the maximum extent permitted by applicable law.
- CHOICE OF LAW. I understand and agree that this Waiver shall be construed and interpreted in accordance with the laws of the state where the Events took place, without regard to conflict of law principles of any jurisdiction.
- ARBITRATION: I hereby agree (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) to submit to arbitration any and all claims or disputes arising out of, covered by or in any manner related to this Waiver. Such arbitration shall be conducted, at my option, by (i) the Vaad Hadin V’Horaah, Rabbinical Court in New City, New York, or (ii) the Beth Din of the Chicago Rabbinical Council in Chicago, Illinois, or (iii) the Beth Din of the Rabbinical Council of California in Los Angeles (referred to collectively as the “Rabbinical Beth Din”), including any claims or disputes as to whether any claim or dispute is subject to arbitration under this Section. I agree (on behalf of myself, my minor child(ren), and/or my guardianee for whom I have the capacity to contract) to accept the ruling and award of the Rabbinical Beth Din as a final, binding, non-appealable, and legally enforceable decision, and that judgment may be entered on the award in any court of competent jurisdiction. I understand and agree that the Rabbinical Beth Din shall be obliged to give full effect to the terms of this Waiver. If any claim is found not to be subject to arbitration under this Waiver, I hereby waive any right I might have to a jury trial, and agree that any such claim shall be subject to a non-jury trial exclusively in the federal or state court in the state where the Events took place.
- SEVERABILITY. If any provision of this Waiver is held by the Rabbinical Beth Din or a court to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
- ENTIRE AGREEMENT. This Waiver contains and constitutes the entire understanding and agreement amongst the Parties and cancels and supersedes all prior or contemporaneous oral or written understandings, negotiations, agreements, commitments, warranties, representations, and promises in connection herewith. No promise (whether orally or in writing or otherwise), understanding, representation, inducement, condition or warranty not set forth herein has been made or relied on by any party hereto.
BINDING EFFECT. By signing this Waiver, I agree that the terms of this Waiver will likewise bind me, my minor child(ren) and/or my guardianee, my heirs, legal representatives, and assignees.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER. I REPRESENT THAT I HAVE THE AUTHORITY TO DO SO ON BEHALF OF MYSELF, MY MINOR CHILD(REN), AND/OR guardianee.
I AM AWARE THAT BY SIGNING THIS WAIVER, I AM GIVING UP VALUABLE LEGAL RIGHTS, ON BEHALF OF MYSELF, MY MINOR CHILD(REN), AND/OR GUARDIANEE, INCLUDING THE RIGHT TO SUE, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO RECOVER DAMAGES FROM THE ORTHODOX UNION RESULTING FROM COVID-19 EXPOSURE OR INFECTION (OR ANY ILLNESS OR CONDITION RELATED THERETO) AS A RESULT OF PARTICIPATING IN THE EVENTS.
This Waiver shall remain in effect until such time as I advise you otherwise in writing.
I acknowledge and represent that I am at least eighteen (18) years of age and that I have read the foregoing ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNFICATION AGREEMENT RELATING TO CORONAVIRUS/COVID-19, and that I understand it and sign it voluntarily.