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Waiver of Liability Covid 19

Congregation Beth Emeth
Waiver of Liability, Release, and Indemnity Agreement
This must be an adult (18 years of age or older).
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Congregation Beth Emeth (“CBE”) has put in place preventative measures to reduce the spread of COVID-19; however, the CBE cannot guarantee that you or your child(ren) will not become infected with COVID-19.   Accordingly, the undersigned must execute the below waiver(s) in order to participate as a congregant or guest at CBE on the CBE grounds or in the building.

In consideration of Congregation Beth Emeth (“Congregation”) permitting me and/or the minor participant(s) listed above, to attend in-person religious services or other programming at the synagogue located at 300 West Lea Blvd., Wilmington, DE 19802, I hereby acknowledge and agree to the following:
1.  I have been advised and understand that attending in-person religious services or other programming exposes me to a risk of serious illness or death from Coronavirus/Covid-19, or complications thereof.  I am aware of the contagious nature of the Coronavirus/Covid-19 and that the CDC and many other public health authorities still recommend practicing social distancing.  I further acknowledged that the Congregation cannot guarantee that I will not become infected with the Coronavirus/Covid-19.  I understand that the risk of becoming exposed to and/or infected by the Coronavirus/Covid-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Congregation staff, and other attendees at the Congregation.  I am voluntarily attending services or other programing and understand that I can choose to not attend in person.   (This means that if I attend services or other programs, I understand that I may be exposed to Coronavirus and become seriously ill or die.)       Check the box below to acknowledge.

2.  I understand and agree that in the event I choose to attend in-person religious services or other programming, I must follow all rules of conduct established by either or both (a) governmental authorities, and/or (b) the Congregation, including but not limited to any rules appended hereto, and any rules set forth on signage posted at the Synagogue, or separately provided in writing. I further understand and agree that such rules may be modified, amended, or changed from time-to- time, and that I am agreeing to obey the rules as in effect on the date(s) of my attendance.  I understand that if I do not follow the rules of conduct, including but not limited to any screening questions or criteria at the door of the Congregation, as established by the Congregation or by governmental authorities, I may be asked to leave the premises I confirm that I will not attend services or other programming if I believe that I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/Covid-19.  I confirm that I will not attend services or other programming if I have been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.     Check the box below to acknowledge.

3.  I hereby release and agree to waive, and covenant not to sue the Congregation, or any officer, director, trustee, employee, agent, servant, or volunteer of the Congregation, on account of any claim or cause of action arising out of my attendance at any services or programming, attributable to Coronavirus/Covid-19, or complications thereof, regardless of the theory of law upon which such claim is predicated. The foregoing shall be given the broadest possible interpretation and construction, as applicable under Delaware law, in favor of the Congregation, this does not include any gross negligence or willful and wanton misconduct.  (This means that if I get sick or die from a Covid-19 related illness as a result of attending, or anyone else attending religious services OR OTHER PROGRAMS, I cannot sue the Congregation (or anyone affiliated with it) for damages.)  Check the box below to acknowledge.

4.  I hereby agree to indemnify, defend and hold the Congregation, and its officers, directors, trustees, employees, agents, servants and volunteers, free and harmless from and against any and all damages, losses and expenses (including but not limited to legal fees and expenses) incurred in defending any claim or cause of action, which I have released, waived and covenanted not to sue on, pursuant to paragraph 3 above, and/or asserted by or on behalf of any other person arising out of or in connection with my attendance at any such services or programming, regardless of the theory of law upon which such claim is predicated. The foregoing shall be given the broadest possible interpretation and construction in favor of the Congregation. (This means that if I or anyone else makes a claim or brings a lawsuit based on either a claim that I have waived in para. 3 or based on my attending services, I will be responsible for paying all of the costs incurred by the Congregation (and anyone affiliated with it) in defending against such a claim or lawsuit.)     Check the box below to acknowledge.
5.  This Wavier does not waive any claims or causes of action the Congregation and its officers, directors, trustees, employees, agents, servants, and volunteers may have against me should I attend a service or program while infected with Covid-19, including but not limited to claims for indemnification.  Check the box below to acknowledge.
6.  This Waiver, shall be binding upon me and my successors-in-interest, including but not limited to my Estate, my personal representatives, subrogees, and my heirs. (This means that if I die, my estate/heirs will have to pay for anything that I would have been responsible for paying for pursuant to this Agreement, had I lived.)   Check the box below to acknowledge.
7.  This Waiver, may not be amended, modified or changed except in a writing signed by the parties hereto, and there shall be no oral or implied waivers hereof. To be effective, any waiver must be set forth in a writing signed by the party to be charged. (This means that any changes to this Agreement must be in writing.)  Check the box below to acknowledge.
8.  Unless the term hereof is extended in writing, this Waiver, shall expire on, and be null, void and of no further force or effect, as of the day prior to the date which is 18 months after the execution date set forth below. (This means that this agreement expires 18 months after it was signed.)  Check the box below to acknowledge.
              By signing this Agreement, I understand that I am giving up substantial rights, including My right to sue and any right to sue on behalf of Minor Participant(s), and I acknowledge I am signing the agreement freely, voluntarily, and intelligently, and with the full knowledge of its legal consequences.  I intend my signature to be a complete and unconditional release of all liability due to ordinary negligence related to covid-19 by Congregation Beth Emeth to the greatest extent allowed by law.  I certify that I am the parent or legal guardian of any Minor Participant listed in this Agreement or have been granted power of attorney to execute this Agreement on behalf of a parent or legal guardian of such Minor Participant.  In the event I do not have the authority to executed this Agreement on behalf of another, I agree I shall be solely liable for any and all resulting claims, actions, penalties, causes of actions, services, fees, or similar expense.   
 
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Fri, April 19 2024 11 Nisan 5784