Southern California Nessah Educational and Cultural Center, a California Non-Profit Corporation (“Nessah”) takes the coronavirus pandemic very seriously and has put in place certain preventative measures, practices, and protocols to help reduce the spread of COVID-19.  Such protocols can be found here [ https://www.nessah.org/shabbat-openning-announcement.html ].  However, notwithstanding such protocols, Nessah cannot guarantee that you, your family, or your guests will not become infected with COVID-19. It is possible that attending service, events, activities, and other programs of Nessah (collectively, “Events”) may place you in close physical contact with other members, attendees, staff and objects and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members and/or your guests may be exposed to or infected by COVID-19 at Nessah and that such exposure or infection could result in personal injury, illness, permanent disability, and death. You understand the risk of becoming exposed to or infected by COVID-19 at Nessah may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Nessah, its members, attendees, officers, directors, staff, agents and employees.

By signing this Release and Waiver, attending Events at Nessah and/or entering the Nessah facilities, you hereby voluntarily acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns (collectively “you” and/or “yourself”), that: (a) there are certain inherent risks and dangers in the nature of attending Events at Nessah and/or entering the Nessah facilities while the spread of COVID-19 continues; (b) you have voluntarily chosen to attend Events at Nessah and/or enter the Nessah facilities; (c) Nessah strongly recommends that you consult with your physician prior to attending Events at Nessah and/or entering the Nessah facilities; (d) you have been fully informed of the inherent risks and dangers in the nature of attending Events at Nessah and/or entering the Nessah facilities while the spread of COVID-19 continues and the possibility of adverse physiological occurrences in connection with being exposed to or infected by COVID-19 at Nessah; (e) you assume all of the foregoing risks and any others that may not have been expressly listed here and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense, of any kind (including, but not limited to, personal injury, disability, and death) that may occur to you or your family members arising from your attendance at Nessah, or as a result of your participation in Events at Nessah and/or entering the Nessah facilities (“Claims”); (f) covenant not to sue, Nessah or its members, attendees, officers, directors, staff, agents and employees, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Nessah or its members, attendees, officers, directors, staff, agents and employees, whether a COVID-19 infection occurs before, during, or after attending Events at Nessah and/or entering the Nessah facilities; and (g) release Nessah and its members, attendees, officers, directors, staff, agents, employees, representatives, associates, attorneys, heirs, executors, administrators, successors, assigns, affiliates and subsidiaries, and each of them (“Released Parties”), as more expressly stated below, from the Claims, including all liabilities, claims, complaints, actions, damages, costs or expenses of any kind arising out of or relating thereto, based on the actions, omissions, or negligence of Nessah or its members, attendees, or employees, whether a COVID-19 infection occurs before, during, or after attending Events at Nessah and/or entering the Nessah facilities (“Released Claims”).

Release of ALL Claims Arising from the Coronavirus/COVID 19 Pandemic

Having carefully reviewed and considered the above statements and disclosures, the undersigned hereby declares and agrees as follows:

I desire to participate in the Nessah Events described above, including, without limitation, attending service, events, activities, and other programs of Nessah.  In consideration of being permitted to participate in the Events, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (“Release and Waiver”), including all the covenants and agreements listed hereon.

I fully, absolutely and forever release and discharge the Released Parties, of and from the Released Claims, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Events, even if it is due to the negligence, injudicious act, omission, or other fault of the Released Parties.

It is my intention in executing this Release and Waiver that this instrument shall be effective as a full and final accord and satisfaction in full release of each and every released matter and all actions relating to the Events, myself and Nessah.  This Release and Waiver shall be construed and interpreted as broadly as possible under the applicable laws and the jurisdiction of the state of California. 

In furtherance of this intention, I hereby knowingly and expressly waive and relinquish, to the fullest extent under the law, any and all rights that might be claimed by reason of Section 1542 of the California Civil Code and do so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542.  Section 1542 of the California Civil Code provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

ASSUMPTION OF RISK. My choice to participate in the Events at Nessah is knowing, voluntary, and made for my personal reasons. I understand that participation in the Events involves inherent risks and dangers due to the contagious nature of COVID-19 as explained above and as known to me. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others including the Released Parties, or the condition of the facilities at Nessah. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks while attending the Events at Nessah.

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Nessah and me concerning the subject matter of this Release and Waiver and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.

BY SIGNING BELOW, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE PROVISIONS, COVENANTS AND AGREEMENTS OF THIS RELEASE AND WAIVER.