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:
1. 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, Keigwin + Company, Kids In The Game Basketball, Brooklyn Bridge Park Corporation d/b/a Brooklyn Bridge Park, Empire State Development Corporation, Brooklyn Bridge Park Development Corporation, 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.
2. As a result of the COVID-19 public health crisis, the Conservancy has put into place a number of measures to ensure the safety and health of its staff, the public and individuals seeking to participate in Conservancy programming as well as to help control the spread of COVID-19. By participating in Conservancy programming, I make the following representations and additionally agree to follow the Department of Health's and the Conservancy’s policies and procedures to reduce the spread of COVID-19 as follows:
a. I am not experiencing symptoms of illness associated with COVID-19 (i.e. shortness of breath, fever, cough, etc. ), have not experienced those symptoms in the 14 days preceding today's date, and have not had any known contact with a person confirmed or suspected to have COVID-19 in the past 14 days.
b. I agree to inform the Conservancy if I have been diagnosed with COVID-19 after participating in Conservancy programming.
c. I understand that the City of New York has advised that individuals who have a chronic health condition, including lung disease, moderate to severe asthma, heart disease, obesity, diabetes, kidney disease, liver disease, cancer or a weakened immune system not to participate in in-person public programs.
d. If I begin to experience any symptoms of COVID-19 while participating in a Conservancy program I will inform the Conservancy and immediately end my participation.
e. I agree to practice safe hand and respiratory hygiene and otherwise to adhere to all of the Conservancy’s safety rules during my participation in all Conservancy projects programming. Upon arrival for any Conservancy program, I will sanitize my hands by using a hand sanitizer or equivalent provided by the Conservancy. I will wash my hands with soap and water for a minimum of 20 seconds, and will maintain good hand hygiene throughout my participation after using the restroom, sneezing, or coughing, and before and after touching any common surfaces.
f. If I am not currently fully vaccinated for COVID-19, I agree to wear surgical face masks while I am participating in Conservancy programming to reduce the risk of exposure to myself and others.
3. 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.
4. 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.
5. I hereby consent to Participation in interviews, the use of quotes, and the taking of photographs, movies or videotapes of myself (“Media”) by the Conservancy and Brooklyn Bridge Park. I also grant to the Conservancy and Brooklyn Bridge Park the right to edit and use said Media for appropriate purposes including but not limited to: publicity, electronic and print publications, websites and all other forms of media. I also hereby release all Releasees from all claims, demands, and liabilities whatsoever in connection with the above.
6. 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.