Birthright Israel

1. These Terms and Conditions Are Important. Please read the terms and conditions of this Staff Waiver and Permission Agreement carefully; they impose legal obligations on you and on us and establish our legal relationship. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT STAFF THE BIRTHRIGHT ISRAEL PROGRAM (the “TRIP”). By the terms “you”, and “your”, we refer to staff members on the trip. The terms “we” and “us” refer to Birthright Israel International (CC) and Birthright Israel North America, Inc.
2. Your Agreement. In order for you to staff a Trip, you will be required to signify your agreement to be legally bound by these terms and conditions by clicking a designated “I Accept” button on our registration page. You must click “I Accept” or sign the hard copy provided to you by your Trip Organizer, as later defined herein, and thereby accept these terms and conditions, to staff the Trip.
3. Your Acknowledgements. As a staff member on a Trip, in consideration of Birthright Israel’s payment of the cost of the Trip, including the cost of roundtrip airfare to and from Israel from designated cities and the cost of touring activities and accommodations in Israel, you hereby acknowledge and agree to the terms contained in this Agreement. In order for your application to be accepted, you will be required to signify your agreement to be legally bound by these terms and conditions by clicking a designated “I Accept” button on our registration page.
4. Relationship between Birthright Israel and Your Trip Organizer. You hereby acknowledge that We and any affiliated/related company(ies), their respective Boards of Directors, officers, servants, agents, employees and representatives (collectively, “BRI”), and all individuals and organizations that provide financial support directly or indirectly to BRI, including their respective Boards of Directors, officers, servants, agents, employees and representatives (collectively, “BRI Funders,”) do not operate your Trip or conduct the day to day planning and implementation of Trip-related activities while you are in Israel. Rather, the Trip is conducted and operated by the trip organizer who has chosen to retain your services (the trip organizer, together with its employees, agents, directors, officers, and contractors, to be referred to hereinafter as “the Trip Organizer”). BRI and the BRI Funders have acted solely in helping to fund your participation as a staff member on the Trip organized by the Trip Organizer and for transportation in connection therewith between various North American departure points and Israel. Your participation in the Trip is overseen by the Trip Organizer, which shall also independently determine whether to engage you as a volunteer, contractor, or employee; accordingly, there is no employment, contractual, or other relationship between you and BRI. BRI and BRI Funders are neither the employers nor principals of the Trip Organizer and neither operate nor direct the Trip Organizer’s activities or operations. BRI and BRI Funders are, therefore, not responsible for the acts or omissions of the Trip Organizer or any of the Trip Organizer’s employees, agents, or contractors.
5. Age Requirements; Further Eligibility Requirements. You certify that you will be at least 21 years of age at the time that the Trip occurs, and that you have not misrepresented yourself in the application process. Notwithstanding the foregoing, BRI reserves the right to deny eligibility or participation to any applicant for any reason or no reason.
6. Valid Passport. You certify that your passport will be valid for at least 6 months from your last day in Israel. If you realize that is not the case, your Trip Organizer may cancel your Trip if you cannot obtain a new passport in a designated amount of time before the trip.
7. Revocation of Trip Staffing. Notwithstanding the fact that your application to staff the Trip has been accepted by the Trip Organizer, if the Trip Organizer or BRI subsequently determines that you are not an appropriate candidate for staffing the Trip, or that you have not fulfilled the eligibility criteria for the Trip, or that BRI or the Trip Organizer cannot reasonably accommodate your needs on the Trip, or that you are not otherwise an appropriate candidate for the Trip, BRI and/or the Trip Organizer, in its/their sole discretion, may cancel its/their acceptance of your application and thus your staffing of the Trip. Furthermore, BRI reserves the right to cancel the Trip at its discretion for any reason, and you waive any claims in that regard.
8. Inherent and Other Dangers from Trip Activities; Additional Risks of Middle East Travel. You acknowledge that Trip activities, including, but not limited to, hiking, rafting, snorkeling, swimming, camping, bus, jeep and air travel, may be subject to certain hazards; and further that you are voluntarily participating in the Trip and these activities, and understand the dangers and risks involved. You are aware that in the past there have been terrorist attacks and other acts of belligerence, which must be regarded as an additional risk of travel in Israel. You hereby agree to accept any and all risks associated with participating in the Trip.

Without derogating from the above, you acknowledge that You have independently chosen to travel to Israel at a time of war and that you voluntarily take on the inherent risks and dangers of travel to Israel at this time, including during the Trip or any time you may spend in Israel before and after the Trip. You agree to take extra safety precautions and follow all guidelines issued by the Trip Organizer for whom you will be working, BRI, or Israeli authorities. Trip Organizer personnel will endeavor to inform participants and staff of the locations of relevant bomb shelters, where possible, and you acknowledge that it will be your responsibility to remember such location and to arrive at such location in the event of an emergency. At the same time, certain locations may not have a bomb shelter readily available – you acknowledge that you also take on this risk. Although BRI, the Trip Organizer and/or Israeli authorities may provide you with updated safety and security information during the Trip, you will also follow local English-language media in order to stay apprised of current safety and security regulations and instructions, which are published. Additionally, the current security situation will likely necessitate travel restrictions from time to time, and you acknowledge that you are responsible to abide by them.

9. Travel Insurance. We strongly recommend that all staff purchase travel insurance on top of the medical insurance you are required to have. This travel insurance should cover domestic flight delay or cancellation as well as personal property theft, loss, and/ or damage. Please make sure to review any fine-print concerning cancellations as a result of COVID-19 as many travel insurances exclude such cancellations from coverage.
10. Your Health; Medical Considerations. You agree that you have consulted a physician of your own choice and have been advised by said physician that you are in good health, do not suffer from any physical or mental condition, ailment or disability which requires any medical or surgical care or treatment, or which would make your travel and/or participation on the Trip hazardous, unwise, unwarranted, or a potential source of danger to you or to others who may travel with or participate on the Trip.

10.1.     Health Insurance.  You confirm that you have personal medical insurance coverage, which shall be valid in Israel throughout the period covered by the Trip, including travel to and from the Trip, and any time you choose to stay in Israel after the conclusion of your Trip. (If you do not have medical insurance and are purchasing travel/medical insurance for the sole purpose of this Trip, you confirm your coverage includes supplementary coverage for continuation of treatment/care in your home country if required when you return home.)

The State of Israel provides basic compensation for the costs of medical treatment, healing, recovery, and rehabilitation also for foreign nationals harmed by war and/or terrorism while in Israel. The amounts provided are set by laws and regulations.  Additionally, it is important to note that medical insurance you have in your country of residence will likely be inapplicable in Israel.

BRI therefore highly recommends that you secure some form of international travel insurance depending on your specific needs. BRI recommends that you consider coverage that will include: i) financial loss that may result because of any cancellations with regard to the Trip and/or property damage experienced while on the Trip; ii) cost of any treatment you may need in Israel as a result of a pre-existing conditions; iii) security and/or medical repatriation expenses; and iv) loss of income coverage for any long-term injuries you may experience.

 It is also important to note that many life insurance policies and other insurance policies on which you may rely on in your country of origin may become void if injury or death occurs in connection with terrorism and/or war. BRI highly recommends that you review such policies before traveling to Israel on the Trip.

10.2.     Permission for Treatment.  In case of medical or surgical emergency, or with regard to Covid-19 or similar pandemic situations, you hereby give permission to the Trip Organizer and/or to BRI, at their sole discretion based on consultations with physicians, nurses, medical personnel, the Israeli Ministry of Health, and any other health authorities, to make decisions with regard to your health and well-being, including but not limited to calling an ambulance for you, selecting a physician to treat you, hospitalizing you, securing proper treatment for you, securing Covid-19 testing such as PCR and/or antigen testing, placing you in quarantine in the event of suspected exposure to a virus or other disease, and ordering injection, anesthesia, or surgery for you (collectively, the “Medical Advice”). You hereby agree to be subject to and fully comply with any and all Medical Advice and you hereby agree that neither BRI nor the Trip Organizer shall be liable or responsible for any expenses incurred or for any liabilities arising out of their implementation and enforcement of any Medical Advice.

11. Code of Conduct. BRI is committed to the State of Israel, to its place as a Jewish, democratic, and sovereign state among the family of nations, and to its historic and eternal standing as the homeland of the Jewish people. Within that framework, BRI refrains from any political, ideological, and/or religious partisanship in its platform. BRI’s educational journey promotes a culture of open, safe, pluralistic, and meaningful dialogues about diverse visions and versions of Jewish identity, discourse and living, as well as associations with the State of Israel. All participants equally have the opportunity to discuss, critique and voice their opinions, regardless of their personal background, ideology, political views, religious beliefs or practices, sexual orientation, or gender identity. The context for such discussions is a climate of respect, acceptance, and tolerance of each group member.

BRI expects each participant to maintain the personal integrity needed to build the intimate, intense, and holistic group experience that typifies the Trip. To ensure the trip’s overall integrity and educational mission, BRI rejects any attempt, by any individual or organization, to manipulate this open climate. Efforts to coerce, force or suppress opinions, hijack a discussion, or create an unwarranted provocation violate BRI’s founding principles, will not be permitted, and will entitle BRI and/or the Trip Organizer to take the steps they deem necessary to protect the experience for the other participants and staff members.

12. Loss of Trip Privileges. You may be removed from the Trip for various reasons, including but not limited to (a) having provided incorrect, incomplete, misleading or false information regarding any portion of your application or at any time during the application process; (b) failure to participate in any portion of the Trip; (c) not abiding by the Code of Conduct; (d) use or possession of illegal drugs; (e) acts of violence or vandalism; (f) behavior in violation of the Alcohol Policy applicable to staff members or in violation of the Sexual Harassment Prevention Policy annexed to this agreement as Exhibit A; (g) any physical or romantic relationship with a participant, even if one existed prior to the Trip; or (h) failure to comply with any rules or regulations imposed by the Trip Organizer or BRI, including, but not limited to, all terms and conditions of this Agreement.

It is not permitted for staff to consume alcohol, purchase alcohol for participants, use illegal drugs, or have a physical or romantic relationship with a participant under any circumstances during the Trip.

13. Removal from Trip. The decision to remove you from the Trip shall lie in the sole discretion of the Trip Organizer and/or BRI, and neither the Trip Organizer nor BRI is obligated to give you any “second chances” or warnings concerning your misconduct.
14. Effect of Removal or Departure from Trip; Your Responsibility for Expenses. You acknowledge that if you are removed from, or voluntarily leave, the Trip you will be held responsible for some or all expenses you incur from the date of removal, including accommodations and airfare, as well as for the costs we incurred or may yet incur in connection with your participation in the Trip and/or your removal/departure from the Trip, including but not limited to your airfare, accommodation, land arrangements, and cost of the return to your point of origin.

Should you be removed from the Trip, the Trip Organizer and/or BRI reserve the right to determine the date and time of your return flight. Should you not embark on the return flight we have booked for you, then in addition to your being responsible for the above costs, the return portion of your flight will be deemed forfeited and you will be responsible for purchasing your own ticket home at your expense. Furthermore, you will be responsible to reimburse BRI and the Trip Organizer for expenses they have incurred as a result of your having committed any of the acts or omissions for which you have been removed from the Trip including, without derogating from the above, the full costs of your participation should you have provided misleading information or withheld information regarding your eligibility or non-eligibility to staff the Trip or otherwise violate the policies or instructions from BRI and/or the Trip Organizer, as well as all direct and indirect damage thereby caused to them or to any third partty.

Should you leave the Trip voluntarily, the Trip Organizer and/or BRI reserve the right to cancel the return portion of your ticket and you will be responsible for purchasing your own ticket home at your expense. BRI and the Trip Organizer will endeavor to consider extreme personal circumstances beyond your control as exceptions.

15. Protection of Personal Information; Limited Use for Publicity and Other BRI Purposes. BRI will treat personal information you provide to us in accordance with our Privacy Policy, located at https://www.birthrightisrael.com/PrivacyPolicy. You have already agreed to the terms of our Privacy Policy earlier in your application process, but we urge you to review it again. You acknowledge, however, that one of BRI’s missions is to educate others concerning the fulfilling educational, cultural, religious, and bonding experience the Trips present as well as to further the educational goals of BRI and its partners. Therefore, you agree as follows:

15.1.     Personal Information and Trip Experience Materials.  For convenience, the term “Personal Information” shall mean your name, contact information, and general biographical information (e.g., city and state of residence), and the term “Trip Experience Materials” shall mean, with respect to your Trip and associated experiences: (i) thank-you notes and letters from you; (ii) testimonials or other statements from you regarding your Trip experience; (iii) photographs and video created by you in connection with your participation on the Trip; and (iv) other materials concerning your Trip experience you provide to us or to a third party, or publicly post, display, or distribute.  To the extent any of your Trip Experience Materials that you have publicly posted, displayed, or distributed, incorporate other Trip participants or third parties, you represent and warrant that they have granted you permission to publicly post, display, or distribute such Trip Experience Materials. For all Trip Experience Materials created by you which you have not directly provided to BRI, BRI shall be free to obtain such Trip Experience Materials by downloading them from social media feeds or websites/blogs, by obtaining it from other forums where this Trip Experience Materials may be publicly accessible, or by obtaining it from other third parties you have provided the Trip Experience Materials to, such as Trip Organizers. You further represent and warrant that all your Trip Experience Materials are original creations and that you are the sole and exclusive owner of all copyright and other proprietary rights in your Trip Experience Materials.

15.2.     Permission to BRI.  In consideration of your being permitted to participate in the Trip, you hereby give BRI and other third-party entities – as determined by BRI in its sole discretion – which perform functions related to BRI’s mission including, but not limited to, educational Trip Organizers receiving funding from BRI and organizations that provide financial support directly or indirectly to BRI (collectively, “BRI Supporters”) the right to use your Personal Information for purposes of promoting our educational goals of strengthening Jewish identity and our participants’ connection to Jewish communities and to the State of Israel, and also to share your Personal Information with like-minded organizations in order to help promote our educational goals, e.g. by inviting you to participate in activities, join communities, for fundraising, etc. Furthermore, in consideration of your being permitted to participate in the Trip, you hereby give BRI and BRI Supporters an irrevocable, fully-paid up, royalty-free, sub-licensable, perpetual, worldwide license and permission to copy, modify, adapt, distribute, share, make derivatives of, publish, display, exhibit, and otherwise use in any and all ways (collectively, “Use”), either in whole or in part, without compensation, your Trip Experience Materials or any parts thereof, for purposes of advertising, fundraising, and promoting our educational goals, in whatever format such Trip Experience Materials may exist, whether now known or hereinafter developed and in any media.  You understand that this permission is perpetual in time and that it encompasses, without limitation, permission under any copyright that you may have in your Trip Experience Materials. Although BRI may credit you as the creator of your Trip Experience Materials when the Trip Experience Materials are Used in any manner, you agree that BRI will not be penalized or held liable for any failure to do so.

15.3.     Trip Documentary Materials.  You recognize and acknowledge that BRI may also engage its own personnel and/or third parties (including the Trip Organizer) to document your experiences on the Trip, or it may obtain such documentation of your Trip experience from other third parties (including Trip participants and/or other Staff members), including but not limited to recorded video and audio and still images of your participation on the Trip (the “Trip Documentary Materials”). You hereby grant permission to BRI to create and/or obtain the Trip Documentary Materials and to Use the Trip Documentary Materials for purposes of advertising, fundraising, and promoting its educational goals, without restriction from you or any third party acting on your behalf. To the extent BRI itself has created the Trip Documentary Materials or engaged a third party to create the Trip Documentary Materials on its behalf, it shall also be considered the sole and exclusive owner of all copyright and other proprietary rights in such Trip Documentary Materials.

15.4.     Waiver.  You hereby grant BRI the right to Use limited elements of your Personal Information and any reproduction of your likeness and voice, in connection with its Use of your Trip Experience Materials, the Trip Documentary Materials, and any content it creates, including but not limited to any film, recording, website, social media post, marketing materials, promotional materials, or other materials into which your Trip Experience Materials or the Trip Documentary Materials may be incorporated (the “BRI Trip Content”). BRI shall be considered the sole and exclusive owner of all copyright and other proprietary rights in the BRI Content, subject only to any limitations created by the license granted you in connection with Use of your Trip Experience Materials. You hereby waive your right to inspect or approve the specific nature of BRI’s Use of your Trip Experience Materials, the Trip Documentary Materials, and the BRI Trip Content, and you hereby waive any and all privacy, publicity, and moral rights you may have in the Trip Experience Materials, the Trip Documentary Materials, and the BRI Trip Content as well as BRI’s Use thereof.

15.5.     No Address Disclosed.  Any permitted use of your Trip Experience Materials shall exclude use of your contact information, and your contact information will not be disclosed to third parties in the course of preparing your Trip Experience Materials for posting or publishing.

15.6.     Photos and Film Footage.  You understand and agree that any photos or film footage taken by you on the Trip are solely for your personal enjoyment and may not be distributed for commercial purposes or for any purpose from which you may derive a financial benefit.

15.7.     Participant Information.  As a staff member you will have access to personal data of participants on your trip, including but not limited to data about their histories, health, behavior, etc.  You understand that any disclosure or misuse of such data could cause serious and irrevocable damage to the relevant participants as well as to BRI and the Trip Organizer.  You therefore agree to maintain in confidence all participant data accessible to you via the Trip Organizer, the participants, or the Birthright Israel application. You agree to refrain from downloading or sharing any such participant information and will not make any use of it other than as required for the operation of the Trip.  Should you have any doubts or questions about the use of such personal data, you will obtain instructions from the Trip Organizer.   

16. Extension of Your Stay. Furthermore, and without derogating from the above, you understand that should you decide to extend your ticket and remain in Israel longer, or should you participate in a program which goes beyond the days in which BRI participates financially, your decision to do so is subject to approval by your Trip Organizer at its sole discretion. The said extension or program is in no way part of the Trip for which any funding or assistance was provided by BRI and/or by BRI Funders.

*Should you decide to forfeit your return ticket* – Should you wish to not utilize your return portion of your ticket you must notify your Trip Organizer prior to commencement of travel. Once in Israel you must notify the airline to cancel your return. Should your return portion not be canceled or utilized on the ticket issued date, you may forfeit your return flight ticket which may include stopover and domestic portions of the ticket that we may have purchased on your behalf.

17. Binding Nature of the Agreement; Modifications. You have read, understand, and agree to be bound by the foregoing terms and policies and all rules and regulations of the Trip, including those, which may be modified, adopted, or superseded from time to time. You are aware that these rules, regulations, and policies may be changed at any time and will, as changed, be binding on you, as follows: (i) BRI will notify you in the event of significant modifications to these rules, regulations, or policies; (ii) if, after this notification, you continue to participate in the application process or the Trip itself, you will be considered to have accepted such modifications.

18. General Release & Indemnification

18.1.     Release of BRI & BRI Funders. You hereby release, exculpate, hold harmless, and covenant not to sue BRI nor any BRI Funder (collectively, the “Releasees”) in connection with any liabilities, claims, or causes of action whatsoever, that may arise out of or which may be related to your participation in the Trip, including but not limited to: i) any loss or damage to your property; ii) any loss or injury to your person, including bodily injury, emotional harm, or death, including bodily injury, emotional harm, or death as a result of any medical treatment that was selected for you or which you selected for yourself; and iii) any acts or omissions, excluding any grossly negligent acts or omissions of a Releasee, but including any negligent acts or omissions, of a Releasee, Trip participant, Trip staff member, Trip Organizer, or any other third party, whether or not in the control of a Releasee (including Third Party Providers, as later defined in this Agreement), and whether or not such act or omission occurred in connection with the Trip.

18.2.     Non-Liability for Negligence of Others; Loss or Damage Caused by Third Party Providers. It is understood and agreed that the Releasees assume no responsibility whatsoever and shall not be held responsible for the acts or omissions of any other participants in the Trip, Trip staff members, or of any third parties providing Trip-related services in any way, such as Trip Organizers, airlines, hotels, transportation companies, event facilities, or caterers (the “Third Party Providers”). You hereby release, exculpate, hold harmless, and covenant not to sue the Releasees in connection with any liabilities, claims, or causes of action whatsoever that may arise out of or which may be related to any loss or damage to your property or any loss or injury that may be sustained by your person while participating in the Trip – including bodily injury, emotional harm, or death, and including bodily injury, emotional harm, or death a result of any medical treatment that was selected for you or which you selected for yourself – where such loss, damage, or injury was caused by or contributed to by the acts or omissions of a Trip participant or a Third Party Provider or any individual acting on behalf of a Third Party Provider. You agree that no Releasee shall be liable or responsible for any loss or damage which you may sustain in connection with any delay, modification, curtailment, or arrangement pertaining to the services provided by a Third-Party Provider.

18.3.     Indemnification for Your Acts/Omissions. You hereby indemnify, exculpate, and hold harmless the Releasees in connection with any and all losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, fines, penalties, attorney’s fees, and for all other costs, fees, expenses, and charges incurred by a Releasee or asserted against a Releasee by any third party, arising out of your actual or alleged actions in connection with the Trip, including but not limited to your: i) failure to comply with any national, federal, state, or local government laws, ordinances, requirements, or regulations; ii) infringement of third party intellectual property rights; iii) breach of third party privacy or publicity rights; iv) act of defamation, portrayal in a false light, or slander; v) injury to person or property; vi) act or conduct which violates this Agreement; or vii) other act, conduct, or failure to act which is negligent or intentional, whether or not such act or omission occurred in connection with the Trip.

For the avoidance of doubt, you agree that BRI’s implementation of a Trip during a time of war in Israel shall not constitute grossly negligent, reckless, or malicious acts or omissions.

19. Choice of Law. For purposes of this section, the term “Electronic Enforcement” shall mean legal and factual issues involved in evaluating and determining the enforceability and binding nature of an electronic agreement, including (i) electronic signature and electronic asset mechanisms, (ii) clickwrap and shrinkwrap contracting procedures, (iii) attribution of electronic records and assets, and (iv) similar enforceability issues. The parties agree that the laws of the State of New York, USA (without regard to conflict of law principles) shall govern the determination of all issues concerning Electronic Enforcement. The parties agree that the laws of the State of Israel (without regard to conflict of law principles) shall govern the determination of all other legal and factual issues under this Agreement.
20. Violation of Terms. Should it be discovered, at any time, that you have breached any of the terms or conditions of this Agreement, or that you have provided misleading information or withheld information regarding your eligibility or non-eligibility to staff the Trip, you may be removed from the Trip and you will be responsible for paying and/or reimbursing BRI for all costs and expenses associated with the Trip, without prejudice to any other damages or awards to which BRI may be entitled.

21. Severability. If any portion of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, in whole or in part, the remainder of this Agreement, or the application thereof to persons or circumstances other than those as to which it is held to be invalid or unenforceable, shall not be affected thereby, and each remaining portion of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

22. Survivability. All Sections of this Agreement which, by their nature, are intended to survive the conclusion of the Trip and/or your early removal or departure from the Trip, shall so survive, including Sections 4, 7, 8, 10, and 12-22.

Exhibit A

BIRTHRIGHT ISRAEL POLICY FOR PREVENTION OF SEXUAL HARASSMENT

Birthright Israel has a zero-tolerance policy towards harassment of any kind and promotes a communal space of physical and emotional safety.

Principles of Physical and Emotional Safety

1. We respect the law, Birthright Israel policy, and procedures.
2. We foster a positive and non-violent environment, in which we preserve people’s personal space.
3. We maintain cordial relations.
4. We demonstrate communal sensitivity and respect others.
5. We maintain a safe virtual space.
6. We build relationships of trust and avoid conflicts of interest.
7. We follow the IDF principles of “proper integration” and handling of cases of harassment in which soldiers are involved.

Our goal is to eradicate sexual harassment completely from Birthright Israel trips. Sexual harassment harms participants, staff, and the group experience and casts a dark cloud over positive and meaningful experiences. Birthright Israel requires all staff to inform their Trip Organizer of any incidents of sexual harassment they are personally involved with or they have witnessed.

Failure to abide by the policy will result in immediate removal from the trip.