Jewish Guatemala Experience

Terms and Conditions:
Each person signing below (each of whom is referred to as a “Tourist”), by virtue of their signature, agrees to all terms and conditions set forth herein, and requests that JEWISH FEDERATION OF PALM BEACH COUNTY (“JFPBC”) permit the Tourist to participate in the tour described on the top of the first page of this document (the “Tour”). The Tourist shall be permitted to participate in the Tour under the terms and conditions set forth below. By availing himself/herself of the privilege of participating in the Tour, Tourist agrees to all terms and conditions set forth herein in this document (the “Agreement”).
1.Tourist Services to be Provided. JFPBC has contracted with the service providers (each serviceprovider and its drivers, agents, and employees are collectively referred to as a “Tour Operator”) whowill provide the services and accommodations to Tourist which are described in the itinerary which hasbeen provided to the Tourist (the “Tour Itinerary”, the terms of which are incorporated herein byreference).
2.Independent Contractors. Tour Operators are independent contractors and not employees,partners, or affiliates of JFPBC. JFPBC provides its Tourists access to the Tour Operators and merelyhandles the coordination of the services for the Tourists as described in the Tour Itinerary. Touristfully acknowledges that the relationship between the Tour Operator and JFPBC does not create anyactual or apparent agency, partnership, franchise, or relationship of employer and employee betweenthe parties. Tourist understands that the Tour Operator does not have the authorization to enter intoor commit JFPBC to any agreements.
3.Tourist Acknowledgements. Tourist acknowledges that in exchange for the privileges associatedwith being permitted to participate in the Tour, Tourist hereby: (a) releases JFPBC from any and allliability, including negligence, for any damages and injuries, including death or property damage thatmay occur in connection with participating in the Tour; and (b) agrees not to initiate any legalproceedings against JFPBC with respect to any such claims for damages, which Tourist is releasing.Tourist is aware that various risks are involved in participating in the Tour. Such risks include, amongother things, the risks associated with air travel, conflict in the region in which the Tour will take place,and riding in motor vehicle on public roads. Despite these and the other risks, Tourist wants toparticipate in the Tour and is willing to agree to personally bear such risks, assuming full responsibilityfor any harm or damage that may result.
4.Limitation of Liability. Without limiting any other provisions of this Agreement, in no event willJFPBC be liable for special, incidental, consequential, exemplary or punitive damages, even if JFPBCis advised of their possible existence. In no event will JFPBC be liable for the acts and omissions ofany Tour Operator, nor will JFPBC be liable for losses or expenses due to sickness, weather, strikes,hostilities, wars, natural disasters, or other such causes. Tourist fully intends and understands that thelimitation of liability provisions of this Agreement shall bind the Tourist’s family, heirs, assigns, orpersonal representatives. Tourist hereby forever releases, acquits and discharges JFPBC from anyand all liabilities, claims, demands, actions and causes of action that such Tourist may have by reasonof any monetary damage or personal injury sustained as a result any service provided for herein.Tourist’s baggage and personal effects are the sole responsibility of the Tourist.
5.Changes in the Tour Itinerary. Tour Operator reserves the right to make changes in the TourItinerary (without advance notice) whenever, in its sole discretion, conditions warrant, or if it is deemedchanges are necessary for the comfort and convenience of the Tourists. The Tour Operator reservesthe right to withdraw (without advance notice) without penalty from any Tour. Dates, schedules,program details and costs have been given in good faith, based on information available as ofpublication of the Tour Itinerary.
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6.Captions. The captions appearing in this Agreement are inserted as a matter of convenience andfor reference and in no way affect this Agreement, define, limit, or describe its scope, intent, or any ofits provisions.
7.Severability. If any provision contained in this Agreement shall for any reason be held to beinvalid, illegal, void or unenforceable in any respect, such provision shall be deemed modified so as toconstitute a provision conforming as nearly as possible to such invalid, illegal, void or unenforceableprovision while still remaining valid and enforceable, and the remaining terms or provisions containedherein shall not be affected thereby.
8.Florida Law, Venue and Litigation. The validity, interpretation, and performance of this Agreementshall be construed and enforced under and in accordance with the laws of the State of Florida. Venueshall lie exclusively in Palm Beach County as the forum for any disputes concerning this Agreementregardless of whether the dispute concerns any contractual or tortious or other claim. The partieswaive any and all rights to trial by jury in any legal action or proceeding arising under or inconnection with this Agreement regardless of whether such action or proceeding concerns anycontractual or tortious or other claim.
9.Integration and Waiver. No waiver or modification of this Agreement or of any covenant, condition,or limitation herein contained shall be valid unless in writing and duly executed by the parties hereto.The provisions of this section may not be waived except as herein set forth. This Agreementsupersedes all prior agreements, arrangements, or representations between the parties, whetherwritten or oral as to the specific matters set forth herein.
10.Facsimile Signatue. Shall be deemed as originals for purpose of This Agreement.
The undersigned has carefully read the terms and conditions of this Agreement and recognizes and accepts any risks and conditions set forth therein, including the refund policy. Jewish Federation of Palm Beach County Jack, Joseph and Morton Mandel Building 1 Harvard Circle, West Palm Beach, FL 33409 Jewishpalmbeach.org