HIGH HOLIDAY, YOM TOV AND SHABBOS YOUTH GROUPS
LIMITED WAIVER OF LIABILITY AND DISCLOSURE
The undersigned parent(s) of the child or children named above (such child or children are collectively referred to hereinafter as a “Participant”), on behalf of Participant and the undersigned, acknowledge, confirm(s) and agree(s) to the following terms and conditions in connection with participation by Participant in the Shaarey Zedek Congregation Shabbos Group Youth Program, a/k/a “Shabbos Groups” (the “Program”) occurring at Shaarey Zedek Congregation, 12800 Chandler Boulevard, Valley Village, California 91607 (“Shaarey Zedek”) during the time period commencing as of September 1, 2023, and through and including August 31, 2024 (the “Program Session”):
1. The undersigned agrees that in the event Participant is injured in the Program, except with respect to any grossly negligent, intentional or reckless act or omission (collectively, the “Grossly Reckless Acts”) by the “SZ Personnel” (as defined herein) and/or Shaarey Zedek, (i) the undersigned shall first utilize its own medical insurance to cover any and all costs and/or medical expenses associated with said injury; (ii) the undersigned shall not seek reimbursement for any such costs and/or medical expenses resulting from such injury from any of the officers, directors or employees of Shaarey Zedek (collectively, the “SZ Personnel”); and (iii) the undersigned shall not seek reimbursement for any such costs and/or medical expenses from such injury from Shaarey Zedek unless the undersigned’s medical insurance does not fully cover such costs and expenses, and then only to the extent of the maximum limitations of the general commercial liability and any other applicable insurance coverage maintained by Shaarey Zedek covering the Program.
2. The undersigned, on behalf of himself/herself and the Participant, hereby releases and forever discharges Shaarey Zedek and the SZ Personnel from any and all actions, cause of actions, suits, damages, judgments, claims and demands whatsoever in law or in equity, whether known or unknown, which the undersigned now has or may or might in the future have against Shaarey Zedek, the SZ Personnel, or any of them, arising out of or in connection with any injury to or the death of Participant occurring during or resulting from the Participant’s participation in the Program, except to the extent that the injury or death is caused by Grossly Reckless Acts by Shaarey Zedek or the SZ Personnel.
3. Without in any way limiting the foregoing waiver and release, any liability of Shaarey Zedek for injury to or the death of the Participant, on account of the Grossly Reckless Acts or the negligent acts or omissions of Shaarey Zedek or the SZ Personnel, shall be limited to the maximum limitations of any applicable insurance coverage which Shaarey Zedek may have to cover such liability.
4. The undersigned agrees and acknowledges that this limited waiver of liability and disclosure is a legally binding document with legal consequences. The undersigned has the right and opportunity, before signing this limited waiver of liability and disclosure, to discuss this document with his or her attorney, concerning its meaning and legal effect.
5. This limited waiver of liability and disclosure is executed with the full knowledge and understanding on the part of the undersigned and the undersigned hereby certifies that he/she has read all of this limited waiver of liability and disclosure, or had it read to him/her, that he/she has had an opportunity to discuss it with his/her attorney, that he/she fully understands same and that he/she has executed it voluntarily. The foregoing limited waiver of liability and disclosure agreement is to be governed by the laws of the State of California and if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect as may be permitted under California law.