Momentum Unlimited

Assumption of Risk, Waiver of Liability, and Indemnity Agreement (Read Carefully Before Signing)

This is an important legal agreement between you (“Participant”) and Momentum Unlimited, a non-profit corporation with offices at 6101 Executive Blvd, Suite 240, Rockville, MD 20852 (“Momentum”). In consideration of Momentum holding a space and providing a scholarship for your participation in the retreat program (“Program”), subsequently allowing you to participate in the Program, and other good and valuable consideration, you hereby agree to the following terms and conditions.

I.      Essential Policies

1.     Participant agrees to comply with all Momentum policies and procedures, which may be provided verbally or in writing from time to time, including safety procedures

2.     If you contract a communicable disease and are required to leave the Program and quarantine, then Momentum shall not be liable for any costs arising from such early departure and/or quarantine, including but not limited to the costs of a single hotel room and unexpected travel expenses.

3.     You acknowledge that Momentum may terminate your participation before or during the Program for any reason with its sole discretion, including for not complying with any Momentum policy or procedure. If Momentum terminates your participation, then you shall not be entitled to a refund and shall be responsible for all costs arising from such termination.

1.   You acknowledge that you do not have a health condition which would make your participation in the Program dangerous to yourself or others.

2.   You further acknowledge that you can safely participate in the Program without modifications, or you require modifications and have requested such modifications in writing from Momentum, and those modifications have been approved by Momentum.  If circumstances change during the Program, and you cannot safely participate in the Program or you seek to request new or different modifications, you agree to contact Laura Waldbaum immediately at LauraW@Momentumunlimited.org.

3.     In the event of an emergency or other medical event, you give Momentum permission to: make medical decisions on your behalf; administer emergency, nonemergency, and/or routine medical care and first aid; have you hospitalized; and use outside medical or surgical providers, including those that do not accept your insurance.

4.     In the event of an emergency or other medical event:

A.     You authorize Momentum to share medical information with outside medical providers and the emergency contacts listed in your application; and

B.     You authorize any physician, nurse, or other health care provider to communicate with Momentum about your medical condition, treatment, and prognosis.

5.     You agree to reimburse Momentum in full if Momentum incurs any expense for your medical treatment which is not covered by the Program’s medical insurance, whether such treatment occurs in an emergency or non-emergency situation.

III.   Cancellations and Refunds

1.   Delivering the Program requires Momentum to incur numerous irreversible spending decisions in advance of the Program. Momentum makes these irreversible spending decisions based on the number of participants enrolled in the Program and in reliance on each participant maintaining and not cancelling their enrollment. Moreover, holding a space for you may result in turning away other participants. For these and other good reasons, you acknowledge and agree to the following refund policy: If a cancellation occurs within 60 days of the Program for any reason, then no refund will be given. If a cancellation occurs more than 60 days prior to the Program, then your payment will be refunded less the $100 registration fee.

IV.       ASSUMPTION OF RISK

1.    Regardless of the care taken by Momentum and its staff, the Program entails certain inherent risks and dangers, including, but not limited to, contracting a communicable disease, having a severe allergic reaction, which make it impossible to ensure the complete safety of Participant.

2.    Participant voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that he or she may experience or incur in connection with participating in the Program.

3.  Participant shall not hold Momentum or its subsidiaries, successors, assigns, employees, independent contractors, vendors, volunteers, guests, directors, officers, agents, attorneys, and/or other affiliated parties (“Released Parties”) liable if Participant is injured, suffers death, incurs any loss, or contracts and spreads a communicable disease, as a result of an inherent risk of the Program.

V.       WAIVER OF LIABILITY AND COVENANT NOT TO SUE

1.     Participant hereby releases, waives, and discharges Momentum and the Released Parties from liability for any and all claims for injury, death, or other loss resulting from the inherent risks of the Program or the ordinary negligence of Momentum or the Released Parties. Participant also covenants not to sue Momentum or the Released Parties for any injury, death, or loss resulting from their ordinary negligence or an inherent risk of the Program. Participant enters into this Waiver of Liability and Covenant Not to Sue on behalf of Participant and Participant’s heirs, assigns, personal representatives, and spouses. This Waiver of Liability and Covenant Not to Sue applies today and on all future dates.

VI.       INDEMNIFICATION

1.   Participant agrees to hold harmless, defend, and indemnify Momentum and the Released Parties (i.e., defend and pay any judgment and costs, including investigation and court costs, and attorney fees) from any and all claims of Participant, Participant’s family members, or others arising from: injury, loss, death, or communicable disease incurred by Participant due to participation in the Program; or any action of Participant during the Program which causes injury, loss, death, or transmission of communicable disease to others.

VII.   Miscellaneous Provisions

1.     Broad Interpretation: This Assumption of Risk, Waiver of Liability, and Indemnity Agreement is intended to be as broad and inclusive as permitted by Maryland law.

2.     Personal Property: Momentum is not responsible for lost, stolen, or damaged personal property that you bring to the Program.

3.     Damage to Facilities: You shall share the responsibility of maintaining the Program facilities in a clean condition, including by helping maintain the cleanliness of hotel rooms, classrooms, meeting rooms, and dining areas. You shall return your room in the same condition in which you received it. You agree to be financially responsible for any facility damage you cause during the Program.

4.     Media Release: Momentum may use pictures, interviews, videos, and audio of Participant (collectively or individually “Media”) on Momentum’s website, in its marketing materials, on social media, in advertisements, and in any other location and on any other platform. Participant gives Momentum permission to record such Media and use it in original or modified form, with or without a name or other information about Participant, for the promotion, public education, and/or other activities of Momentum. Participant shall not be entitled to review or approve such Media or receive any compensation whatsoever for its use.

5.     Personal Information: Momentum may distribute your personal information to the Government of Israel and to other Momentum partners, provided that Momentum shall not sell your personal information.

6.     Force Majeure: Momentum shall not be liable for any failure or delay in delivering the Program, early closing of the Program, or other failure to comply with any obligation arising under this Agreement, which is caused by forces beyond Momentum’s control, including but not limited to: acts of war or terrorism; civil or military disturbances; acts of God; strikes or work stoppages; accidents; lightning strikes; communicable diseases (including COVID-19); nuclear or natural catastrophes; or interruptions, loss, or malfunctions of utilities, communications, or computer services. In the event that the Program cannot open, opens late, or closes early due to such an event, Momentum may elect to issue a full or partial voucher for a future Program, within Momentum’s sole discretion, but will have no obligation to issue a refund.

7.     Pandemic-related Cancellations: Notwithstanding anything to the contrary contained in this Agreement, Momentum may cancel or postpone the Program at any time for any pandemic-related reason, including, but not limited to, concerns about Participant safety, travel restrictions, government regulations, and the inability to adequately staff the Program. If Momentum cancels or postpones the Program for any pandemic-related reason, Momentum may elect to issue a full or partial credit voucher to Participant, within Momentum’s sole discretion, but will have no obligation to issue a refund.

8.     Severability: If any portion of this Agreement is unlawful, invalid, or unenforceable, then it shall not impact the validity and enforceability of any other provision of this agreement.

9.     Disputes/Arbitration: In the event a dispute arises out of or relates to this Agreement, the parties agree to first try in good faith to settle the dispute by themselves. Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof (including the question of whether a particular matter is arbitrable hereunder) shall be settled by arbitration by a single arbitrator in accordance with the rules of the of the American Arbitration Association then in effect and held in Maryland, or by mutual consent of the parties, by a Beit Din in the Washington, D.C. area. The parties hereto agree to abide by all awards rendered in such arbitration proceedings, and all such awards may be filed by the prevailing party with any other federal or state of Maryland court having jurisdiction, as a basis for judgment and the issuance of execution thereon. Such judgment shall not be open for review except to the extent permitted by the Federal Rules of Civil Procedure.

10.  Governing Law: Any dispute or cause of action brought under, related or arising out of this Agreement shall be governed by the laws of the state of Maryland.

11.   Legal Costs: If Momentum takes or defends legal action, or engages in any legal proceeding, arising out of this Agreement and Momentum prevails in such action or proceeding, then Momentum shall be entitled to recover its attorney’s fees and the other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

12.   No Waiver of Breach: If Momentum does not insist upon strict adherence to any provision of this Agreement, then it shall not be deemed a waiver of Momentum’s rights with regard to that provision or any other provision of this Agreement in the future.

13.   Amendment/Modifications: Any changes to this Agreement must be made in writing and explicitly approved and signed by an authorized Momentum representative. If you make changes to this Agreement which are not explicitly approved and signed by an Authorized Momentum representative, but you nevertheless attend the Program, then your voluntary participation in the Program shall be considered acceptance of the original terms of this Agreement.

14.   Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.