Summer Fitness at Brookfield Place
Form of Assumption of Risk, Release of Liability, and Hold Harmless
Description of Event: 2021 Free Outdoor Fitness Class at Brookfield Place in NYC with 305 Fitness Inc
I, the undersigned (the “Participant”) hereby voluntarily request to participate in the event identified above (hereinafter the “Event”).
I am familiar with the concept of an Outdoor Fitness class and the physical demands involved, which could include strenuous actions sometimes involving height, speed, and unpredictable surfaces. I understand that the Event requires concentrated focus and awareness of the environment around me, and caution at all times. I understand that I must exercise good judgment at all times in order to remain safe, including stopping immediately if I feel lightheaded, nauseous, faint, weak, or in pain. If at any time I feel I cannot continue to participate safely for any reason, whether because of a physical condition, the actions of myself or others, or any other reason, I must immediately discontinue involvement and do not depend or rely on the direction of the Event coordinator or other third parties to do so. As with any physical activity, I am aware that I must take any and all necessary precautions, including but not limited to seeking advice from my physician, prior to taking part in the Events. I acknowledge that 305 Fitness Inc’s instructors are not medical professionals and that advice and recommendations from them is based upon their training and experience as instructors.
I understand and acknowledge that participation in the Events may involve risk of serious injury or death, including injuries which may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the Event is conducted, and/or the physical nature of the Event. I OR MY PARENT OR GUARDIAN, WHERE APPLICABLE, WARRANT AND PROMISE THAT I ASSUME FULL RESPONSIBILITY FOR MY CONDUCT AND SAFETY AT ALL TIMES, WHETHER OR NOT IN ACTUAL PARTICIPATION AND/OR AT THE EVENT’S SITE.
I certify that I am in good health and have no physical condition that would prevent participation in the Event or put me at greater risk for injury. I AGREE THAT ALL ACTIVITIES UNDERTAKEN AT THE EVENT ARE CONDUCTED AT MY OWN RISK. Furthermore, I agree to use my personal medical insurance as primary medical coverage payment, if accident or injury occurs, without seeking any recoveries from Releases or Releases’ insurers. I HEREBY VOLUNTARILY AND WILLINGLY ASSUME RESPONSIBILITY FOR ALL RISKS AND DANGERS ASSOCIATED WITH MY PARTICIPATION IN THE EVENTS FULLY KNOWING AND UNDERSTANDING THE RISKS INVOLVED WITH PARTICIPATION IN THE EVENTS.
To the fullest extent permitted by and under New York law in consideration of my participation in the Event, I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE AND RELEASE ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH MY PARTICIPATION IN THE EVENT, including but not limited to bodily injury (or death) or sickness of any nature whatsoever including, without limitation, COVID-19, AGAINST 305 Fitness Inc, Papetta // Inc., Brookfield Office Properties Inc., Brookfield Properties (USA II) LLC, BOP Brookfield Place TRS LLC, Brookfield Financial Properties L.P., Brookfield Properties One WFC Co., LLC, WFP Tower B Co. L.P., BFP Tower C Co. LLC, WFP Tower D Co. L.P., WFP Retail Co L.P., American Express Company, Battery Park City Parks Conservancy Corporation, Battery Park City Authority, The State of New York, CB Richard Ellis Inc., CBRE Real Estate Services, Inc. and each of their respective subsidiaries, agents, employees, contractors, sub-contractors, representatives, affiliates(s) or affiliated entities, successors and assigns of such entities (collectively and hereinafter “Releasees”).
Without limiting anything contained above, I understand that while the Releasees have undertaken reasonable steps to lessen the risk of transmission of COVID-19, the Releasees are not responsible in any manner for any risks related to COVID-19 in connection with the Event. I further understand that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that involvement in the Event (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. To the fullest extent permitted by law, I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
To the fullest extent permitted by and under New York law, I agree to indemnify and hold harmless the Releasees from all liability, claims, demands, losses, or damages on my account, whether caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, and agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage, litigation expense, attorney fees, or costs they may incur as the result of such a claim.
I hereby authorize the Releasees to photograph and/or video me, and to edit, use, reproduce, exhibit, and distribute these photographs and/or videos in whole or in part, in any manner and media now known or hereinafter invented in perpetuity throughout the world. I hereby waive the right to inspect or approve any of the photographs and/or videos. I understand that Brookfield Place will be the exclusive owner of all such photographs and/or videos, and that I will not receive any compensation for the use of the photographs and/or videos.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND HOLD HARMLES AGREEMENT. I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY, KNOWLINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW.