I have voluntarily applied to participate in the Programs of BBYO Ontario and BBYO, Inc. (“Programs”), either as a Member or non-Member of BBYO Ontario and BBYO, Inc. Further, I understand that there are risks associated with my participation in such Programs, including without limitation, risks associated with sports activities, overnight stays, transportation and travel within Canada as well as with international travel, including but not limited to increased security and safety risks due to the prevalence of crime, and limited availability of medical facilities that meet standards to which I am accustomed. I acknowledge that the nature of the Programs may expose me to hazards or risks that may result in my illness, personal injury or death and I understand and appreciate the nature of such hazards and risks.
In consideration for and as a condition to my participation in the Programs, either as a Member or a non-Member of BBYO Ontario and BBYO, Inc.:
I hereby accept all risk to my health and of my injury or death that may result from my participation in the Programs and I hereby fully and unconditionally release and forever discharge BBYO Ontario, BBYO, Inc., its travel partner Tlalim and each of their respective affiliated entities, governing boards, trustees, directors, officers, employees, volunteers, advisors, parent/legal guardians or other chaperones, administrators, faculty, attorneys, agents, insurers, representatives and any other person acting by, through, under or in concert with any of such persons or entities, and their successors and assigns (collectively referred to herein as “BBYO”), from any and all liability to me, all members of my family, my personal representatives, estate, executors, administrators, heirs, next of kin and successors and assigns for any and all claims and causes of action for any and all loss of or damage to my property (either owned or rented by me) and for any and all illness or injury to my person, including my death, that may result from or occur during and/or related to my participation in the Programs, whether caused by the intentional acts, negligence or carelessness of any person or entity, including but not limited to any claims for negligence, negligent supervision and/or negligent provision of medical care and/or medication. This release extends and applies to, and covers and includes, all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss and liability, and the consequences thereof, occurring in connection with and/or in any way related to my participation in the Programs at any time after the execution of this Waiver and Release.
I agree that BBYO is not responsible or liable for any injury, damage, loss, costs, refunds, expense, accident, delay, scheduling changes, cancellation or other irregularity which may be caused by third party travel agents/organizations or the transportation carriers or other companies or persons engaged in providing or performing any of the services involved in the Programs or that may otherwise occur during the Programs. I understand that trip cancellation insurance may be available through the travel agents/organizations and that I may contract for such insurance directly by contacting the travel agents/organizations.
I understand that I will be required to pay for any phone calls or incidental personal expenses that I incur while participating in the Programs, as well as for any damage I cause to property of others. I agree to indemnify and hold harmless BBYO from any financial liability or obligation which I personally incur, or for any injury or damage to the person or property of others which I cause or contribute to, while participating in the Programs. I understand that BBYO shall not be liable for any property (whether owned or rented) which is damaged, lost or stolen throughout the duration of the Programs.
I agree that, if I become ill or incapacitated, BBYO may take any action it deems necessary for my safety and well-being, including securing medical treatment (at my own expense) and making arrangements for transporting me home. I understand that in such instances I will not be entitled to any refund of paid Program fees or costs and that all travel arrangements, costs and liabilities associated with being sent home will be the sole responsibility of me and my parent/legal guardian. I hereby authorize BBYO to charge all such travel arrangements, costs and liabilities to the credit card on record with BBYO. I represent and warrant that I am and will be covered throughout the Programs by a policy of comprehensive health and accident insurance which provides coverage for injuries and illnesses I may sustain or experience while participating in the Programs. I understand that, in some countries, the provision of available healthcare services may not meet the standards to which I am accustomed. I further understand that in the event I may need medical care, I may be taken to and receive care from local clinics. In some instances, healthcare facilities expect upfront payment. I understand that I am responsible for all such payments, whether upfront or otherwise, and I have been advised that I should have access to travelers’ checks or a credit card at all times while in such countries in case of a medical emergency. I understand that it is my responsibility to secure the necessary travel documents, including a passport and any other documents required by the country to which I am traveling, and that failure to do so will most likely not constitute grounds for a refund by the Travel Agent/Organizations, or the carriers and other companies and persons engaged to provide or perform any of the services involved in the Programs. I further understand that I am responsible for following all preventive measures recommended by the Center for Disease Control for travel to and within such countries.
Acknowledgment of Obligation to Comply with Standards of Conduct for all Programs. I understand that as a participant in a BBYO Program(s), either as a Member or non-Member, I am expected to abide by the directions of BBYO as well as the BBYO Code of Conduct, transportation policies, housing and living arrangement policies, substance abuse policies and other policies and guidelines, as may be amended and/or modified from time to time by BBYO in its sole discretion, without prior notice, and that I am expected to comply with the current laws of Canada and/or local laws of those countries in which I participate in the Programs. I understand that my failure to do so may result in discipline, including the immediate termination of my participation in the Programs (including being immediately sent home from such Programs), and/or immediate dismissal from membership, as determined in the sole discretion of BBYO. I further understand that BBYO, as it deems appropriate in its sole discretion, reserves the right (but does not have the obligation) to search my person and/or belongings and to take such action (or to refrain from such action) at it deems appropriate to secure the safety of me and/or others and/or to ensure compliance with BBYO Code of Conduct, transportation policies, housing and living arrangement policies and other policies and guidelines (including dismissal from membership and/or participation in the Programs) and that this Waiver and Release extends and applies to cover all such actions/inactions. I further understand that I may be required to submit to drugs and/or alcohol testing (e.g. breathalyzer or other form of testing) and that my failure to submit to the requested testing will be grounds for disciplinary action up; however, I understand that such test need not be administered when BBYO otherwise reasonably believes that BBYO policy has been violated. I further understand that appropriate authorities may be contacted and I may be subject to possible prosecution by same.
I understand that in the event I am expelled from a Program, I will not be entitled to any refund of paid Program fees or costs and that all travel arrangements, costs and liabilities (including escort costs, if applicable) associated with being sent home will be the sole responsibility of me and my parent/legal guardian, which must be paid upfront. I hereby authorize BBYO to charge all such travel arrangements, costs and liabilities to the credit card on record with BBYO. I further understand that in such circumstances it shall be the sole responsibility of my parent/legal guardian identified below to make immediate arrangements to pick me up at the location designated by BBYO. I further agree that in the event BBYO incurs any costs , expenses or liabilities for which I or my parent/legal guardian are responsible, and which are not covered or paid for by the credit card on record with BBYO, BBYO reserves the right to pursue collection of such costs, expenses and/or liabilities through appropriate collection agency proceedings. In the event I am expelled from a program, I understand that BBYO reserves the right to make travel arrangements for my return to the original gateway (airport) city and to place me on a flight as an unaccompanied minor, unless other arrangements, satisfactory to BBYO, are made with my parents/guardians.
Authorization to Take/Publish Photographs and Videos. I hereby authorize BBYO to take and/or publish photographs/video/quotations taken of me (including printing or otherwise publishing my name in association with such photograph/video or quotation) in printed or electronic format, including but not limited to in publications, presentations, promotions (including those which are mailed), exhibits, press releases, marketing materials, videos, CDs, DVDs, BBYO websites (both internal and external) and any social media associated with BBYO. I acknowledge that since my participation in such photographs/video/quotations is voluntary, I will receive no financial compensation and my participation confers upon me no rights of ownership whatsoever to such photographs/video/quotations. I further understand that such photographs/video/quotations may be shared by BBYO with its various partners consistent with these provisions.
Authorization to Share Information. I hereby authorize BBYO to share my personal information with UJA Federation of Greater Toronto, Prosserman JCC and Schwartz/Reisman Centre and all of their divisions, departments, subsidiaries and parent organizations.
If any provision of this Waiver and Release shall be found to be unenforceable, then a court making such determination shall have the authority to narrow the provision, which shall be enforceable in its narrowed form. Moreover, each provision is independent and severable from each other, so in the event any portion is found unenforceable and not modified, then the remainder of the Waiver and Release shall remain in full force and effect.
I hereby acknowledge that I have fully read, understood and accepted each of the above provisions and am voluntary executing this Waiver and Release. I have had the opportunity to consult with an attorney at my own expense to discuss and review the terms of this Waiver and Release. I acknowledge that this Waiver and Release includes a release of liability which legally prevents me or any other person from filing suit, or making other claims for damages, in the event of death, personal injury, or property damage. I understand and agree that this Waiver and Release is binding on me and members of my family, my heirs, estate, executors, administrators, personal representatives and next-of-kin and their successors and assigns. My signature denotes my understanding of and agreement with these statements and their implications.