Gift Waiver and Permission Agreement
(the "Waiver and Agreement" or "Agreement")
BRI 19 – Winter 2008 - 2009
1. These Terms and Conditions Are Important. Please read the terms and conditions of this Gift Waiver and Permission Agreement carefully; they impose legal obligations on you and on us, and establish our legal relationship. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN OUR PROGRAM OR ANY TOUR ACTIVITIES. By the terms "you", and "your" we refer to applicants to and participants in our program and any resulting Tour, as well as to a parent or guardian signing this agreement properly on behalf of an applicant who at the time of registration is under the age if 18. The terms "we" and "us" refer to Taglit-birthright israel International, Taglit-birthright Israel, U.S.A. (as these terms are further defined below).
2. Your Agreement. If your application to our program is accepted, you will be required to signify your agreement to be legally bound by these terms and conditions by clicking a designated "I Accept" button on our registration page. You must click "I accept" and thereby accept these terms and conditions, to participate in our Program and a Tour.
3. Your Acknowledgements. If you are chosen to receive a Taglit-Birthright Israel gift, in consideration of Taglit-Birthright Israel’s payment of the cost of your (10) day educational tour to Israel, including the cost of roundtrip airfare to and from Israel from designated cities and the cost of ten (10) days of touring activities and accommodations in Israel, you hereby acknowledge and agree to the following:
3.1 Relationship Between BRI and Your Tour Operator. You hereby acknowledge that Taglit-Birthright Israel International, Taglit-Birthright Israel, U.S.A. and any affiliated company, their Boards of Directors, officers, servants, agents, employees and representatives (collectively, "BRI"), and all individuals and organizations that provide financial support directly or indirectly to BRI (collectively, “BRI Funders”) have acted solely in helping to fund your participation on an educational tour (the “Tour”) organized by the Tour Organizer you have selected through this registration process (the "Tour Organizer”) and for transportation in connection therewith between various North American departure points and Israel. BRI and BRI Funders are neither the employers nor principals of the Tour Organizer and neither supervise nor direct the Tour Organizer’s activities or operations. BRI and BRI Funders are, therefore, not responsible for the acts or omissions of the Tour Organizer or any of the Tour Organizer’s employees, agents or contractors.
3.2 Loss or Damage Due To Services Or Facilities. BRI and BRI Funders shall not be liable or responsible for any loss or damage which you may sustain to your person or property, or for any loss or damage by reason of any delay, modification, curtailment or arrangement pertaining to the services or facilities to be provided by BRI or the Tour Organizers in connection with your participation on the Tour and/or any extension thereof. It is understood and agreed that BRI and BRI Funders assume no responsibility whatsoever, and shall not be held responsible for the operation and management of any of the facilities which may be employed in connection with the Tour and/or any extension thereof or for any damage or claim arising there from or in connection therewith.
3.3 Extension of Your Stay. Furthermore, and without derogating from the above, you understand that should you decide to extend your ticket and remain in Israel longer, or should you participate in a program which goes beyond the days in which BRI participates financially, the decision to do so is yours, and the said extension is in no way part of the program for which any funding or assistance was provided by BRI and/or by BRI Funders.
4. Your Health; Medical Considerations. You agree that you have consulted a physician of your own choice and have been advised by said physician that you are in good health, do not suffer from any physical or mental ailment or disability which requires any medical or surgical care or treatment, or which would make your travel and/or participation on the Tour hazardous, unwise, unwarranted or a potential source of danger to you or to others who may travel with or participate on the Tour.
4.1 Health Insurance. You agree that you have personal medical insurance coverage, which shall be valid in Israel throughout the period covered by the Tour.
4.2 Permission for Treatment. In case of medical or surgical emergency, you hereby give permission to the physician selected by the Tour Organizer and/or BRI to hospitalize, secure proper treatment for, and to order injection, anesthesia, or surgery for you.
5. Inherent and Other Dangers from Tour Activities; Additional Risks of Middle East Travel. You acknowledge that Tour activities, including, but not limited to, hiking, rafting, snorkeling, swimming, camping, bus, jeep and air travel, may be subject to certain hazards; and further that you are voluntarily participating in the Tour and these activities, and understand the dangers and risks involved. You are aware that in the past there have been terrorist attacks, which must be regarded as an additional risk of travel in Israel. You hereby agree to accept any and all risks associated with participating in the Tour.
6. Code of Conduct; Loss of Tour Privileges. You may be removed from the Tour for, among other reasons, (a) having provided incorrect or false information regarding any portion of your application or at any time during the application process; (b) failure to participate in any portion of the Tour; (c) use or possession of illegal drugs; (d( illegal use or possession of alcohol. i.e. if participant drinks so much that it impedes his participation in an activity, or if he/she is heavily intoxicated. There will be no tolerance for drunkenness; (e) acts of violence or vandalism; (f) failure to disclose, or disclosure of inaccurate, medical information;(g) drunk or disorderly conduct or (h) failure to comply with any rules or regulations imposed by the Tour Organizer, BRI or their employees, servants and agents, including, but not limited to, all terms and conditions of this Agreement.
6.1 Enforcement of Code of Conduct. The decision to remove you from the Tour shall lie in the sole discretion of the Tour Operator or BRI, and neither the Tour Operator nor BRI is obligated to give you any "second chances" or warnings concerning your misconduct.
6.2 Effect of Removal from Tour; Your Responsibility for Expenses. You acknowledge that if you are removed from the Tour you will be responsible for all expenses you incur from the date of removal, including accommodations, as well as for the original cost of your airfare and of the return to your point of origin. The Tour Organizer reserves the right to determine the date and time of your return flight. Furthermore, you will be responsible to reimburse BRI and the Tour Organizer for expenses they have incurred as a result of your having committed any of the acts or omissions for which you have been removed from the Tour, and without derogating from the above – including the full costs of your participation should you have provided misleading information or withheld information regarding your eligibility or non-eligibility to receive the Taglit-Birthright Israel gift, as well as all direct and indirect damage thereby caused to them.
7. Protection of Personal Information; Limited Use for Publicity and Other BRI Purposes. BRI will treat personal information you provide to us in accordance with our Privacy Policy, located at http://www.birthrightisrael.com/site/PageServer?pagename=about_privacypolicy You acknowledge, however, that one of BRI's missions is to educate others concerning the fulfilling educational, cultural, religious, and bonding experience the Tours present. Therefore, you agree as follows:
7.1 Tour Experiences. For convenience, the term "Tour Experience Information" shall mean, with respect to you Tour and associated experiences: (i) your name, (ii) your mailing address, (iii) thank-you notes and letters from you; (iv) quotes you may make concerning the program or Tour; (v) information concerning your experiences on the Tour, as captured in photographs, audio, video, or other media; and (vi) other information you wish to provide to us.
7.2 Permission to BRI. You hereby give BRI, BRI’s agents and organizations deemed appropriate by BRI which perform functions integral to its mission including, but not limited to, educational tour organizers receiving funding from BRI and organizations that provide financial support directly or indirectly to BRI (collectively, “BRI supporters”) permission to post or publish your Tour Experience Information, without compensation, on the BRI website, which is currently located at http://www.birthrightisrael.com, on pages of a BRI supporter’s website and in promotional materials prepared for or on behalf of BRI or BRI supporters. You understand that this permission is perpetual in time and that it encompasses, without limitation, permission under any copyright or right of publicity or privacy that you may have in your Tour Experience Information.
7.3 No Address Disclosed. BRI or BRI supporter’s website and promotional materials in which your Tour Experience Information may appear will not include your address, and your address will not be disclosed to third parties in the course of preparing your Tour Experience Information for posting or publishing. Please understand, though, that for mailing list and other purposes that do not involve a permission such as that set out in Section שגיאה! מקור ההפניה לא נמצא. (Permission to BRI), above, we may share your mailing or email address with like-minded organizations.
7.4 Photos and Film Footage. You understand and agree that any photos or film footage taken by you on the Tour are solely for your personal enjoyment and may not be distributed for commercial purposes or for any purpose from which you may derive a financial benefit.
8. Security Deposit. You accept that in order to participate on the Tour, you will need to provide a security deposit of $250 (or its equivalent in your local currency). Upon completion of the Tour, in accordance with all the heretofore specified guidelines, you will receive this deposit back in full. You further understand that this deposit has been provided in order to secure your spot on an airline, as well as a basis to reserve accommodations in Israel on your behalf. Should you notify the Tour Organizer prior to the deadline for notification of cancellation that you will not participate in the Tour, you will be entitled to retrieve your deposit. However, should you cancel after the deadline for notification of cancellation, you will forfeit all rights to your deposit.
9. Valid Passport. You certify that your passport is valid for at least 6 months from your last day in Israel. If you realize, after the cancellation deadline and after being assigned to a flight that this is not the case, your trip organizer may cancel your trip, without refunding your deposit, if you cannot obtain a new passport in a designated amount of time before the trip.
The exact deadlines for notification of cancellation are:
December Departures – October 31 - 9:00 am EST
January Departures – November 13 - 9:00 am EST
February Departures – December 11 - 9:00 am EST
March Departures– January 15 - 9:00 am EST
10. Age Requirements; Further Eligibility Requirements. You certify that you will be at least 18 years of age (if a graduating senior in high school, you certify that you will have graduated before attending the trip) and not older than 26 years of age at the time that the program occurs, are Jewish and have never participated on a peer educational Israel experience program as defined by Taglit-Birthright Israel. Furthermore, individuals born in Israel, Israeli citizens and bearers of Israeli passports are not eligible for participation, unless they prove by official documentation that they left Israel before the age of 12. In addition, students registered full time in Jewish Studies programs exclusively in any institute of higher learning, including Jewish Teacher Training Programs, Jewish Studies programs, Rabbinic programs, Yeshivot/Seminaries, Jewish Communal Service programs, etc. are not eligible for the Taglit-Birthright Israel gift.
11. Binding Nature of the Agreement; Modifications. You have read, understand and agree to be bound by the foregoing terms, policies and all rules and regulations of the Tour, including those, which may be modified, adopted or superceded from time to time. You are aware that these rules, regulations, policies and programs may be changed at any time and will, as changed, be binding on you, as follows: (i) BRI will notify you in the event of significant modifications to these rules, regulations, policies and programs; (ii) if, after this notification, you continue to participate in the application process or the Tour itself, you will be considered to have accepted such modifications.
12. Required Acceptance of This Agreement. You acknowledge that your agreement to the above is a precondition to participation in the Tour, and that failure to accept this waiver and permission agreement and to agree to its terms would result in BRI’s rejecting your application to participate in the Tour.
13. Choice of Law. For purposes of this section, the term "Electronic Enforcement" shall mean legal and factual issues involved in evaluating and determining the enforceability and binding nature of an electronic agreement, including (i) electronic signature and electronic asset mechanisms, (ii) clickwrap and shrinkwrap contracting procedures, (iii) attribution of electronic records and assets, and (iv) similar enforceability issues. The parties agree that the laws of the State of New York, USA (without regard to conflict of law principles) shall govern the determination of all issues concerning Electronic Enforcement. The parties agree that the laws of the State of Israel (without regard to conflict of law principles) shall govern the determination of all other legal and factual issues under this Agreement.
14. Violation of Terms. Should it be discovered, at any time, that you have breached any of the terms or conditions of this Agreement, or that you have provided misleading information or withheld information regarding your eligibility or non-eligibility to receive the Taglit-Birthright Israel gift, you will be responsible for paying and/or reimbursing BRI for all costs and expenses associated with the Tour, without prejudice to any other damages or awards to which BRI may be entitled.
15. Effect of Acceptance. You agree that by clicking "I Accept" on the webpage located at http://register.birthrightisrael.com - you thereby acknowledge that you have read and understand this waiver and permission agreement and agree to be bound by its terms and conditions.
16. If You Are Under 18. Please note that, if you are under 18 now, you will need to re-sign this Agreement prior to departure once you have turned 18 years of age. In the interim, you must have your parent or guardian also sign, as follows:
16.1 Parent or Guardian Signature. If you are under the age of 18 when signing this Waiver and Agreement, your parent or legal guardian must also read this Waiver and Agreement.
16.2 Parent or Guardian Acknowledgment. As the parent or legal guardian on the applicant, you certify as follows: (i) you are the parent or legal guardian of the tour participant and (ii) as such, on your behalf and on behalf of the tour participant, you agree to the terms of this Waiver and Agreement, release BRI and BRI Funders from all liabilities as set forth above and indemnify and hold harmless BRI and BRI Funders from all liabilities in connection with the tour participant’s participation in the Tour.