Terms and Conditions
STANDWITHUS DAY TOURS IN ISRAEL,
HOLD HARMLESS, RELEASE,
AND INDEMNITY AGREEMENT
I, the participant, ("Participant") by registering and participating in the
Israel Emergency Alliance, Inc. dba StandWithUs and StandWithUs International dba StandWithUs Israel (hereinafter collectively “SWU”) sponsored day tours of Israel (“Tour”) and associated travel within Israel, agree to the
1. Release and Waiver of Liability – I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives knowingly and voluntarily enter into this Agreement, and hereby release, waive, and discharge SWU, its agents, officers, employees, volunteers, board members, directors, advisors, contractors and representatives (collectively, the “Released Parties”) from and against any and all liabilities, direct or indirect, or consequential damages or expenses, whatsoever resulting from any personal injury including emotional injury, fatality, accident, illness and property loss (“Losses”) however caused, arising from or in any way related to, my participation in the Tour or in any way arising or connected to the Tour, except if solely caused by the Released Parties’ willful misconduct or gross negligence. The Released Parties shall not be liable for the faults or defaults of other companies and persons that may be used in carrying out the logistics of the Tour. In the event that SWU determines in its sole discretion that it is necessary or advisable for any reason whatsoever to alter the itinerary or any travel arrangements related to the Tour, SWU shall have no liability whatsoever as a result of any such alteration. I hereby waive my right to make any claim against the Released Parties for any Losses resulting from my participation in the Tour.
2. Indemnification and Hold Harmless – In consideration of being invited to participate in the
Tour I shall indemnify, defend, and hold harmless SWU and their respective officers, executives, directors, board members, employees, agents, representatives, successors, volunteers, attorneys, heirs and assigns against any and all liabilities, claims, including third-party claims, demands, losses, lawsuits, judgments, reasonable attorney fees, costs and expenses, of whatever nature and description, that occur during or arise out of my participation in the Tour and/or as a result from my negligent or willful acts or omissions, and which are determined in a final judgment rendered against SWU. I will not make any admissions or offers to settle any such claim or demand without SWU’s prior written consent to same.
3. Assumption of Risk – I am voluntarily participating in the Tour and all activities related
thereto, and understand the dangers and assume the risks involved. After reviewing the Itinerary
of the Tour, I represent that I am physically able to participate in all aspects of the Tour. I am aware that there is a risk that certain aspects of the Tour may be emotionally challenging. I understand that there are risks associated with international travel. I knowingly and voluntarily accept and assume responsibility for any and all risks and dangers associated, directly or indirectly, with my participation in the Tour, arising or that could arise out of, or occur during, my participation in the Tour. I have read and understood the advice regarding travel to Israel issued by the government of my home country.
4. Tour Participants’ Independent Travel Arrangements and Activities – I agree that any
travel arrangements I make for myself not associated with the Tour or not in keeping with the
Tour Itinerary, as amended, I do so on my own, at my own risk and at my own cost and
expense, and agree that SWU has no liability whatsoever. I agree that any activity I participate in
outside of the Tour or as part of personal free time during the Tour is at my own risk and I
agree that SWU has no liability whatsoever for anything that might occur while I am engaged in
5. Physician – Physical Health – I have consulted a physician of my own choice and have been
advised by said physician that I am 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 my travel or participation in the Tour hazardous, unwise, unwarranted or a potential
source of danger to me or to others who may travel with me or who otherwise participate in the
6. SWU may, upon its sole discretion, exclude me fully or partially from the Tour due to one
or more of the following reasons: (i) drug abuse, (ii) vandalism, (iii) non-disclosure, incomplete
disclosure or inaccurate disclosure of information about any mental or physical ailment or
disability, (iv) non-compliance with any of SWU’s or the Tour operator’s rules or
instructions, (v) having provided incorrect or false information regarding any portion of my
application or at any time during the registration process, (vi) improper or harassing behavior
toward any organizer or participant in the Tour, or (vii) any other reason that may endanger
me, the other participants, SWU or the Tour.
7. Emergency Medical Care and Coverage of Medical Costs – In case of medical, dental, or
surgical emergency during the Tour, I hereby give permission to the physician selected by
SWU to hospitalize, secure proper treatment for, and to order injection, anesthesia or surgery for
me, if I am unable to give my consent.
8. I agree to have personal medical insurance coverage as well as travel insurance coverage
which will be valid in Israel throughout the Tour which shall cover any existing
medical conditions I have, or any other medical condition which may arise during the Tour. I
will be responsible for all medical costs incurred on my behalf relating to any accident, illness, or
medical condition during the Tour regardless of whether I have medical insurance. I authorize
payment to any physician, supplier of medical related services or provider of medication for
medical services or medication provided to me during the Tour.
9. By signing and submitting this agreement, I agree for StandWithUs to use my name or
likeness and to use photographs and/or sound and image of myself for the marketing and/or
promotion of StandWithUs’ cause. I further release StandWithUs, its agents, employees, officers,
representatives, partners, contractors, board members, and directors from any and all claims that
I may have for any cause of action arising out of the use of my name, likeness, and/or image.
10. I have read and understood the SWU Terms and Conditions and agree to them. I also
understand that not abiding by the said Terms and Conditions could cause damage to SWU and
to other participants, and entitles SWU to remove the participant from the Tour.
11. The Parties agree that the laws of the State of Israel shall govern the interpretation and
enforcement of this Agreement. In the event of any dispute, controversy, or other proceedings (including
litigation or arbitration) arising out of or related to this Agreement, the prevailing party shall be
entitled to reimbursement of all of its costs, including attorney and expert witnesses’ fees and
12. Arbitration - SWU and Participant agree that any claim, dispute or controversy arising out of
or in connection with this Agreement, or any breach thereof, shall be settled by binding
arbitration in accordance with Israeli Law.
13. Miscellaneous – If any portion of this Agreement is found to be void or unenforceable, the
remaining portion shall remain in full force and effect. This agreement supersedes any prior
written or oral agreements between the parties. This agreement may only be amended in writing.
This agreement shall not be interpreted against the party that drafted it. I have read this
assumption of risk, release and waiver of liability agreement, and have had an opportunity to ask
questions about the same and to consult with an attorney about same. I fully understand the
assumption of risk, release and waiver of liability and indemnity agreement, and understand that
I am relinquishing substantial rights in connection therewith. Any notice to be delivered under
this agreement shall be sent to the other party by registered mail or by courier. If sent by
registered mail it shall be deemed received 10 days from so posted and if sent by courier it shall
be deemed received on the first business day (in the country of receipt) following the date of