THE UNDERSIGNED PARTICIPANT (“PARTICIPANT”) INTENDS TO TRAVEL TO AND PARTICIPATE IN A TRIP IN ISRAEL, PRESENTLY SCHEDULED FROM APPROXIMATELY OCTOBER 10, 2018, THROUGH OCTOBER 20, 2018 (THE “TRIP”). NOVEA MINISTRIES, A NONPROFIT UNITED STATES CORPORATION, FORMED UNDER THE LAWS OF THE STATE OF OREGON (“NOVEA”) IS ACTING AS A TOUR GUIDE, AND HAS ASSISTED IN MAKING ARRANGEMENTS FOR PARTS OF THE TRIP. ALTHOUGH NOVEA HAS AND WILL BE INVOLVED IN COORDINATING CERTAIN ASPECTS OF THE TRIP, NOVEA IS NOT A TRAVEL AGENCY, BUT RATHER WORKS WITH THIRD PARTIES, WHICH BOOK HOTELS AND MAKE OTHER ARRANGEMENTS, SUCH AS LOCAL TRAVEL NORMALLY CONDUCTED BY A TRAVEL AGENCY. PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS ARRANGED FOR HIS OR HER OWN TRAVEL TO AND FROM ISRAEL FOR THE TRIP, AND NOVEA HAS NO INVOLVEMENT IN SUCH TRAVEL ARRANGEMENTS.
AS WITH ANY TRIP, THERE ARE RISKS INHERENT IN THE TRAVEL ARRANGEMENTS AND SCHEDULED ACTIVITIES (“TRAVEL RISKS”), AS WELL AS THE RISKS INHERENT IN TRAVEL IN THE MIDDLE EAST FROM TERRORISM, LONE WOLF AND/OR MOB BEHAVIOR AND THE LIKE (“TERROR RISKS”). TRAVEL RISKS INCLUDE, WITHOUT LIMITATION: HOTELS BEING OVERBOOKED; PRE-ARRANGED TRAVEL WITHIN THE COUNTRY OF ISRAEL BEING OVERBOOKED OR LATE; PRE-ARRANGED MEALS NOT BEING READY AT THE RIGHT TIME, OR CAUSING FOOD POISONING; ILLNESS; AND, THE GENERAL RISK OF DELAY, POSSIBLE INCREASE IN COST TO REPLACE A SCHEDULED CARRIER OR VENDOR, OR MISSING A SCHEDULED SITE, EVENT, OR PLACE OF HISTORICAL OR SPIRITUAL SIGNIFICANCE FOR ANY NUMBER OF REASONS. TERROR RISKS INCLUDE, WITHOUT LIMITATION, THE FOLLOWING RISKS: PARTICIPANT BEING A VICTIM OF ONE OR MORE ACTS OF TERROR LEADING TO INJURY OR DEATH; KIDNAPPING OR BEING TAKEN HOSTAGE; ASSAULT WITH A DEADLY WEAPON OR OTHERWISE; ATTACK BY ONE OR MORE INDIVIDUALS OR A MOB; BEING TARGETED BY OR BEING IN THE VICINITY OF THE EXPLOSION OF A BOMB, OR ANY TYPE OF EXPLOSIVE DEVICE; BEING MURDERED IN ANY WAY TO PROMOTE A RELIGIOUS, POLITICAL, OR OTHER AGENDA. THE FOREGOING LIST OF TRAVEL RISKS AND TERROR RISKS IS NOT INTENDED TO BE EXHAUSTIVE. THIS DISCLAIMER AND RELEASE IS INTENDED TO COVER ANY AND ALL TRAVEL RISKS AND TERROR RISKS WHICH ARE OR COULD BE ASSOCIATED WITH THE TRIP.
PARTICIPANT UNDERSTANDS THE NATURE OF THE TRAVEL RISKS AND THE TERROR RISKS, AND OF HIS OR HER OWN FREE WILL AND ACCORD, HAS MADE THE DETERMINATION THAT THE VALUABLE EXPERIENCE OF PARTICIPATING IN THE TRIP OUTWEIGH THE TRAVEL RISKS AND THE TERROR RISKS. PARTICIPANT UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT NOVEA CANNOT GUARANTEE THAT PARTICIPANT WILL NOT INCUR EXPENSE, INCONVENIENCE, AND DISPLEASURE AS A RESULT OF ANY OF THE TRAVEL RISKS, AND NOVEA SHALL HAVE NO LIABILITY FOR THE SAME. PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT NOVEA CANNOT AND DOES NOT GUARANTY PARTICIPANT’S SAFETY OR OWE PARTICIPANT ANY DUTY WITH RESPECT TO THE TERROR RISKS OF THE TRIP.
PARTICIPANT IS PARTICIPATING IN THE TRIP FREELY AND VOLUNTARILY WITH FULL UNDERSTANDING OF THE TRAVEL RISKS AND TERROR RISKS. PARTICIPANT AGREES THAT IN NO WAY SHALL NOVEA, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR INDEPENDENT CONTRACTORS HAVE ANY LIABILITY FOR ANY HARM OR DAMAGE SUFFERED BY PARTICIPANT RELATING TO THE TRIP, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, WHETHER BEFORE, DURING, OR AFTER THE TRIP, AND SHALL HAVE NO CLAIM AGAINST NOVEA WITH RESPECT TO THE SAME.
PARTICIPANT RELEASES AND FOREVER DISCHARGES NOVEA, ITS EMPLOYEES, DIRECTORS, OFFICERS, ATTORNEYS, AGENTS, THIRD PARTY CONTRACTORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY, LIABILITY, OR OBLIGATIONS, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND EXPENSES OF LITIGATION ARISING OUT OF OR RELATED TO THE TRIP.
PARTICIPANT MAY HAVE PURCHASED SOME TRAVEL INSURANCE IN CONNECTION WITH THE TRIP, AND ANY CLAIMS AGAINST THE CARRIER PROVIDING SUCH INSURANCE SHALL BE SUBJECT TO THE TERMS, CONDITIONS, AND PROVISIONS OF THE PARTICULAR COVERAGE AND THE RELATED INSURANCE POLICY OR POLICIES.
THE PARTICIPANT AND NOVEA INTEND THAT ALL OF THE PROVISIONS OF THIS DISCLAIMER AND RELEASE BE BINDING AND IN FULL FORCE AND EFFECT. NOVEA WOULD NOT HAVE PARTICIPATED IN THE TRIP IN THE ROLES IT SERVED IN THE ABSENCE OF PARTICIPANT SIGNING THIS DISCLAIMER AND RELEASE. IF ANY COURT WHICH HAS JURISDICTION OF ANY CLAIMS TO WHICH THIS DISCLAIMER AND RELEASE APPLY OR MAY APPLY, DETERMINES THAT PORTIONS OF THIS DISCLAIMER ARE UNENFORCEABLE FOR ANY REASON, SUCH AS ITS BREADTH OR ON THE BASIS THAT ONE OR MORE PROVISIONS ARE UNREASONABLE, THEN ANY SUCH UNENFORCEABLE PORTION OF THIS DISCLAIMER SHALL BE SEVERED FROM THIS DISCLAIMER, AND THE REMAINDER OF THE DISCLAIMER SHALL BE IN FULL FORCE TO THE FULLEST EXTENT PROVIDED BY LAW.
