In consideration for the participation in Brooklyn Bridge Park Conservancy Fitness classes, I (or parent / guardian if participant is under 18 years of age) agree to the following: Release, Waiver and Discharge. I release, waive and discharge and covenant not to sue the Brooklyn Bridge Park Conservancy, Inc., Abhaya Yoga, Brooklyn Academy of Music (BAM), Chelsea Piers Fitness, Dodge YMCA, ONEYOGAHOUSE Brooklyn Yoga Studio, Lululemon USA Inc, Kids In The Game Basketball, Mark Morris Dance Group (MMDG), Brooklyn Bridge Park Corporation d/b/a Brooklyn Bridge Park, Empire State Development Corporation, Brooklyn Bridge Park Development Corporation, the State of New York, the City of New York and their respective commissioners, directors, officers, employees, agents, successors and assigns, all of which are hereinafter referred to as “Releasees”, from any and all liability to me, my heirs and next of kin or any other person, for any and all claims, demands, losses, or damages, including death or damage to property, which, in whole or in part, arise from, relate to, or are alleged to arise from or relate to the fitness class, any and all related events and activities in which I am participating or the facilities or equipment used by me or by others, or are caused or alleged to be caused in whole or part by the negligence of the Releasees or otherwise to the fullest extent of the law, and I covenant not to sue the Releasees with respect thereto. Acknowledgment and Assumption of Risk. I acknowledge and fully understand that I will be engaging in fitness activities, including, but not limited to, yoga, pilates, Zumba, dance and other land based activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from the my own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the premises or of any equipment, including the exposure to people with infectious diseases, fitness equipment used, contact with others, animals, uneven ground and hazardous materials such as broken glass, condoms and syringes, and the effects of weather, including heat, humidity, cold and/or precipitation. Further, there may be other risks not known or not reasonably foreseeable at this time. I understand and agree that the Conservancy is not responsible for any potential exposure to COVID-19 or the consequences therefrom. I assume all of the foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability, or death to me or the minor participant. Consent to Photograph, Film or Videotape. I authorize and give consent to the Brooklyn Bridge Park Conservancy and the Brooklyn Bridge Park Corporation to copyright or publish all photographs, videotape or other digital media in which I appear while enrolled as a volunteer in their Program. I agree that the Brooklyn Bridge Park Conservancy and the Brooklyn Bridge Park Corporation may transfer, use or cause to be used, these photographs, videotapes or other digital media for any and all exhibitions, public displays, commercials, art and advertising purposes without limitations or reservation. This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable. I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT VOLUNTARILY.
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