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PARTICIPANT RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

(“Participant”) executes this Release of Claims (the “Agreement”) effective as of the date signed by the Participant. 

A. SHN Festivals, LLC (“SHN”) is producing the 2023 Sea Hear Now Festival (the “Event”) currently scheduled to take place on September 16-17, 2023 at Asbury Park located at 1200 Ocean Ave, Asbury Park, NJ 07712 (the "Venue"). Silvia Elizabeth Brodrick dba Ohana Rising Yoga School LLC (“Company”) is providing yoga classes (the “Activity”) at the Event.

B. The Participant wishes to participate in the Activity conducted by Company at the Event and is aware of the potential dangers involved in such Activity. In this Agreement, “Released Parties” means the following: Company, SHN and its landlords or licensors (related to the Event), if any, Shaky Festivals Holdings, LLC, C3 Presents, LLC, Between the Sets, LLC, Sweetwood Presents, LLC, the owners and operators of the Venue, and each of their respective parents, partners, divisions, subsidiaries, officers, directors, members, managers, agents, affiliates, and employees. Company will not allow anyone to participate in the Activity at the Event unless that person has agreed to release the Released Parties from all liability for the Participant’s participation in the Activity.

In consideration of allowing the Participant to participate in the Activity, Participant agrees as follows:

1. AS LAWFUL CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE ACTIVITY AT THE EVENT, THE PARTICIPANT RELEASES THE RELEASED PARTIES FROM ANY LEGAL LIABILITIES RESULTING FROM PARTICIPANT’S VOLUNTARY PARTICIPATION IN THE ACTIVITY.

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I Agree

2. PARTICIPANT ACKNOWLEDGES THE ACTIVITY IS VERY DANGEROUS AND UNDERSTANDS THE SCOPE, NATURE, AND EXTENT OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITY. PARTICIPANT UNDERSTANDS THESE RISKS INCLUDE BUT ARE NOT LIMITED TO RISKS OF DEATH, BODILY INJURY [INCLUDING PARALYSIS], OR PROPERTY DAMAGE CAUSED BY: (1) COLLISION WITH OTHER PARTICIPANTS; (2) EXPOSURE TO SUN AND WIND; (3) BALANCE, PHYSICAL COORDINATION, ABILITY TO FOLLOW DIRECTIONS; (4) ABNORMAL BLOOD PRESSURE, FAINTING, HEARTBEAT DISORDERS; (5) SUNBURN, SUNSTROKE OR DEHYDRATION; AND/OR (6) THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHER PARTICIPANTS IN THE ACTIVITY. IF THE PARTICIPANT EXPERIENCES ANY PHYSICAL PAIN OR DISCOMFORT, THE PARTICIPANT WILL DISCONTINUE THE ACTIVITY. PARTICIPANT VOLUNTARILY, FREELY AND EXPRESSLY CHOOSES TO INCUR ALL RISKS ASSOCIATED WITH THE ACTIVITY, UNDERSTANDING THAT THOSE RISKS MAY INCLUDE PERSONAL INJURY, DAMAGE TO PROPERTY, AND/OR DEATH.

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I Agree
 

3. PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR ALL INJURIES/DAMAGES CAUSED BY PARTICIPANT’S PARTICIPATION IN THE ACTIVITY AND FULLY AND FOREVER RELEASES AND DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OF ACTION, OR CAUSES OF ACTION, ARISING OUT THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

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I Agree

4. PARTICIPANT REPRESENTS AND WARRANTS THE FOLLOWING TO COMPANY: (A) PARTICIPANT HAS VOLUNTARILY CHOSEN TO PARTICIPATE IN THE ACTIVITY AND PARTICIPANT HAS READ THIS AGREEMENT AND UNDERSTANDS THE TERMS OF THIS AGREEMENT; (B) PARTICIPANT IS AT LEAST 18 YEARS OF AGE; (C) PARTICIPANT IS IN GOOD HEALTH AND HAS NO PHYSICAL DEFECTS OR CONDITIONS THAT MIGHT HARM PARTICIPANT IN PARTICIPATING IN THE ACTIVITY; (D) IN EXECUTING THIS AGREEMENT, PARTICIPANT RELIED WHOLLY UPON HIS OR HER OWN JUDGMENT, BELIEF, AND KNOWLEDGE OF THE ACTIVITY AND POTENTIAL FOR INJURY; AND (E) PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS NOT COVERED NOR ELIGIBLE FOR ANY INSURANCE COVERAGE PROVIDED BY THE RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO, MEDICAL, PROPERTY AND LIABILITY INSURANCE, AND WORKERS COMPENSATION BENEFITS.

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I Agree
 

5. THIS RELEASE EXTENDS AND APPLIES TO ALL UNKNOWN, UNFORESEEN, UNANTICIPATED, AND UNSUSPECTED INJURIES, DAMAGES, LOSS, AND LIABILITY, AND THE CONSEQUENCES OF THEM, AS WELL AS THOSE DISCLOSED OR KNOWN TO EXIST. PARTICIPANT EXPRESSLY WAIVES ALL PROVISIONS OF ANY STATE, FEDERAL, LOCAL, OR TERRITORIAL LAW OR STATUTE, PROVIDING IN SUBSTANCE THAT RELEASES WILL NOT EXTEND TO CLAIMS, DEMANDS, INJURIES, OR DAMAGES THAT ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME TO THE PERSON EXECUTING THE RELEASE.

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I Agree
 

6. PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT PHOTOS AND VIDEOS MAY BE SHOT DURING THE ACTIVITY, PARTICIPANT MAY APPEAR IN SUCH PHOTOS OR VIDEOS, AND PARTICIPANT’S PARTICIPATION IN THE ACTIVITY CONSTITUTES PARTICIPANT’S CONSENT TO COMPANY’S AND/OR EVENT PRODUCER’S USE OF SUCH VIDEOS OR PHOTOS CONTAINING PARTICIPANT’S IMAGE OR LIKENESS FOR PROMOTIONAL AND COMMERCIAL PURPOSES IN ANY MEDIUM, WORLDWIDE, WITHOUT FURTHER PAYMENT OR CONSIDERATION.

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I Agree
 

7. THIS AGREEMENT IS LEGALLY BINDING UPON PARTICIPANT AND HIS/HER HEIRS, ESTATE, ASSIGNS, LEGAL GUARDIANS, AND PERSONAL REPRESENTATIVES.

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I Agree

8. BY ENTERING INTO THIS AGREEMENT, COMPANY AND PARTICIPANT EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS THEY HAVE UNDER LAW TO A TRIAL BEFORE A JURY AND AGREE TO MANDATORY BINDING ARBITRATION OF ALL DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT. 

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I Agree
 

THIS IS A RELEASE OF LIABILITY. DO NOT SIGN OR INITIAL THIS RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.

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I Agree

If any provision of this Agreement is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid or unenforceable provision were omitted. 

By his/her signature, the Participant agrees to and accept this Agreement.

Today's Date: May 9, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Participant's Address
Address Line 1:
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:
City:
State/Province:
Zip/Postal:
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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