NEXT Shabbat Program Release & Waiver
In consideration for your participation in the NEXT Shabbat Program (the “Program”), you hereby waive, discharge, exculpate, hold harmless, and indemnify Birthright Israel NEXT, Inc. (“NEXT”) and its affiliates, sponsors, directors, members, officers, employees, agents, successors or assigns, and any other related parties (collectively, the “Related Parties”), from and against any and all losses, claims, causes of action, damages, and liabilities, of whatever kind and nature, either in law or in equity, including judgments, interest, attorneys’ fees, and all other costs, fees, expenses, and charges, arising out of your administration of the Program, whether caused by the negligence, recklessness, nonfeasance, malfeasance, or other action or inactivity of yourself or any third party. You hereby assume any and all risks, both known and unknown, that may arise from your administration of the Program, and you hereby assume complete and full responsibility for any and all liabilities that may arise from your administration of the Program, including but not limited to injury or damages suffered by you or a third party.
You hereby agree, as a condition for participating in the Program, to allow NEXT to contact you and your guests via email for the purpose of corresponding with you and your guests about this Program or other NEXT or Birthright-affiliated programming or initiatives, and to maintain a record of your and your guests’ email addresses and contact information. NEXT will not sell any of this private information to any third party without your or your guests’ consent.
You hereby grant NEXT the irrevocable right to use, in any and all manners, without restriction by you or any third party, worldwide and for perpetuity, for any noncommercial purpose including promotional purposes on the Internet and through social media sites, all photos and other materials submitted by you in connection with your administration of the Program (the “Content”). You hereby grant NEXT the additional right to use your name, likeness, and biographical information in connection with NEXT’s use of the Content. You hereby represent and warrant that: i) the Content is owned by you or you have the right to provide the Content in the manners noted herein; ii) the Content contains no violation of any existing intellectual property, privacy, or other third party right; iii) you have the right and power to grant NEXT the right to use the Content in the manners contained herein; and iv) NEXT’s use of the Content will not infringe the intellectual property, privacy, or any other rights of third parties. You hereby waive, discharge, exculpate, hold harmless, and indemnify NEXT and the Related Parties from and against any and all losses, claims, causes of action, damages, and liabilities, of whatever kind and nature, either in law or in equity, including judgments, interest, attorney’s fees, and all other costs, fees, expenses, and charges incurred by or asserted against NEXT by any third party in connection with NEXT’s use of the Content or on account of your breach or alleged breach of the foregoing warranties.
Program hosts are provided payment based upon actual attendance at their NEXT Shabbat meal. As such, you are expected to fill out all Program forms and report the actual attendance of your NEXT Shabbat meal with full accuracy and honesty, and to only seek the amount of payment to which you are entitled to under the NEXT Shabbat Program Rules. In order to prevent abuse of the Program, NEXT reserves the right, at its sole discretion and upon a finding of possible impropriety, to request that you provide original receipts or further proof of Shabbat meal attendance. NEXT reserves the right, at its sole discretion, to pay you based on your actual expenses, deny payment in part or in whole, and to disqualify you from future participation in the Program or any other NEXT program, project, or initiative, upon coming to a determination that you have falsified information in your Program application or request for reimbursement, have attempted to obtain a reimbursement amount to which you are not entitled to, or have violated any of the NEXT Shabbat Program Rules.
You agree that this Release & Waiver shall be governed by the laws of the County and State of New York and will be enforced and interpreted pursuant to such laws, without regard to conflict of law principles thereof. This Release & Waiver is intended to be as broad as permissible under the laws of the County and State of New York and if any portion is held invalid, all remaining portions hereof shall continue in full legal force and effect. If it is further expressly agreed and understood that this Release & Waiver shall in no way be deemed an admission of fault, negligence, or liability of any type or nature on the part of NEXT.
You agree to abide by the terms and conditions contained in the NEXT Shabbat Program Rules and those contained within this Release & Waiver, as well as the terms and conditions as they may be changed from time to time. NEXT reserves the right to change the terms of this Release & Waiver with seven (7) days written notice provided to you. Any and all changes shall be made at NEXT’s sole discretion. The Release & Waiver terms in effect shall be the terms as made available in the Release & Waiver posted online at the NEXT Shabbat Program Website at the time of your participation in the Program, and not at the time of your registration. You are free to cancel your participation in the Program should you choose not to adhere to the new terms and conditions contained in any updated Release & Waiver.