The Horseradish Challenge (the “Challenge”) is a voluntary activity for adults under the auspices of the American Friends of Hebrew University (“AFHU”) to support the charitable goals of The Hebrew University of Jerusalem.
As with many activities, it is possible that participation in the Challenge could result in injury, permanent disability or, in extreme cases, death. Participants in the Challenge are advised to fully consider any health issues, including dietary restrictions and food allergies, other potentially harmful side effects of consuming/over-consuming horseradish, including head pain, upset stomach, and vomiting, and other unforeseen hazards that might adversely impact their ability to undertake the Challenge safely. As with any allergic reaction, if one occurs while participating in the Challenge, please seek professional medical attention and/or go to your local emergency room immediately.
Participants under the age of 18 must obtain permission from a parent or guardian before participating in the Challenge.
Assumption of Risk: All individuals participating in the Challenge (a “Participant”) do so voluntarily, and are fully aware of, and understand and assume the risk of all apparent, inherent, known, unknown, or concealed dangers associated with participating the Challenge.
Release: All Participants and/or Spectators on their own behalf and on behalf of their heirs, executors, administrators, beneficiaries, agents, attorneys and assigns, hereby waive, release and discharge AFHU, and indemnify, hold harmless and covenant not to sue AFHU and its affiliates, agents, representatives, directors, officers or employees for any loss, liability, injury, cost or other claims that may arise from or in relation to their participation in or observation of the Challenge, whether due to negligence or otherwise. AFHU hereby disclaims any responsibility for any loss, liability, injury, cost or other claims arising from or in relation to the Challenge.
AFHU has no control or responsibility over the location of the Challenge, the method by which it is conducted, or the actions or conduct of Challenge Participants or Spectators. Participants or Spectators who require first aid or other medical treatment or related services for injury or illness arising in connection with participating in or observing the Challenge, remain solely and exclusively responsible for any and all liability or claims arising out of the treatment or services rendered therein.
Choice of Law: This Waiver and Release Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to its choice of law rules, and all claims relating to the validity, interpretation, and enforcement of this Waiver and Release Agreement, and all matters arising out of or related thereto, whether sounding in contract, tort or otherwise, shall be governed by the laws of the State of New York, without regard to its choice of law rules.
As a Participant and/or Spectator of the Challenge you acknowledge that you have read, understand, and agree to be bound by the terms of the Waiver and Release Agreement.
