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 service provider and its drivers, agents, and employees are collectively referred to as a “Tour Operator”) who will provide the services and accommodations to Tourist which are described in the itinerary which has been provided to the Tourist (the “Tour Itinerary”, the terms of which are incorporated herein by reference).

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 merely handles the coordination of the services for the Tourists as described in the Tour Itinerary. Tourist fully acknowledges that the relationship between the Tour Operator and JFPBC does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. Tourist understands that the Tour Operator does not have the authorization to enter into or commit JFPBC to any agreements.

3. Tourist Acknowledgements. Tourist acknowledges that in exchange for the privileges associated with being permitted to participate in the Tour, Tourist hereby: (a) releases JFPBC from any and all liability, including negligence, for any damages and injuries, including death or property damage that may occur in connection with participating in the Tour; and (b) agrees not to initiate any legal proceedings 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, among other 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 to participate in the Tour and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.

4. Limitation of Liability. Without limiting any other provisions of this Agreement, in no event will JFPBC be liable for special, incidental, consequential, exemplary or punitive damages, even if JFPBC is advised of their possible existence. In no event will JFPBC be liable for the acts and omissions of any 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 the limitation of liability provisions of this Agreement shall bind the Tourist’s family, heirs, assigns, or personal representatives. Tourist hereby forever releases, acquits and discharges JFPBC from any and all liabilities, claims, demands, actions and causes of action that such Tourist may have by reason of 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 Tour Itinerary (without advance notice) whenever, in its sole discretion, conditions warrant, or if it is deemed changes are necessary for the comfort and convenience of the Tourists. The Tour Operator reserves the 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 of publication of the Tour Itinerary.

6.Captions. The captions appearing in this Agreement are inserted as a matter of convenience and for reference and in no way affect this Agreement, define, limit, or describe its scope, intent, or any of its provisions.

7.Severability. If any provision contained in this Agreement shall for any reason be held to be invalid, illegal, void or unenforceable in any respect, such provision shall be deemed modified so as to constitute a provision conforming as nearly as possible to such invalid, illegal, void or unenforceable provision while still remaining valid and enforceable, and the remaining terms or provisions contained herein shall not be affected thereby.

8.Florida Law, Venue and Litigation. The validity, interpretation, and performance of this Agreement shall be construed and enforced under and in accordance with the laws of the State of Florida. Venue shall lie exclusively in Palm Beach County as the forum for any disputes concerning this Agreement regardless of whether the dispute concerns any contractual or tortious or other claim. The parties waive any and all rights to trial by jury in any legal action or proceeding arising under or in connection with this Agreement regardless of whether such action or proceeding concerns any contractual or tortious or other claim.

9.Photography and Videography. I hereby grant the permission, without reservation, to Jewish Federation of Palm Beach County to take and to use photographs and/or sound/image recordings of me, to describe and to use the same for promotion of good will, public education, and/or fundraising and other related activities of the Federation, and I waive any right to inspect or approve the photograph(s) or finished version(s) of works, including website, incorporating the photograph(s). I recognize that Federation owns the copyright (or may apply for copyright) of these photographs and other works and creations, and I hereby waive any claims I may have based on any usage of the photographs or works derived therefrom in any form, whether it be printed, projected, televised, or transmitted via the web, or/and at any time, be it in the present or in the future, including, but not limited to claims for either invasions of privacy or libel.

10. 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: https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html. 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 JFNA, 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: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html), 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.

11. 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 Agreement supersedes all prior agreements, arrangements, or representations between the parties, whether written or oral as to the specific matters set forth herein.

12. Facsimile or Electronic Signature. 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