1.    I understand that Yoga, Tai Chi, Mat Pilates, Adult Ballet, Creative Movement and other wellness and movement classes offered by HNYWAC includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. I also understand that risk of injury, even serious disability, is part of participation in aforementioned yoga and wellness classes, and such risk cannot be eliminated. I understand that by participating in HNYWAC classes, there is a risk of physical injury to me, and I assume full responsibility for such risk. If I experience any pain or discomfort, I will listen to my body, adjust the posture, ask for help from the instructor and/or stop participating in the class.

2.    I understand that Yoga and Wellness classes are not a substitute for medical attention, examination, diagnosis or treatment. Yoga and Wellness classes are not recommended and are not safe under certain medical conditions. I acknowledge and affirm that I am responsible for consulting with a physician and deciding whether to participate in the Yoga and Wellness classes at HNYWAC. Based on my physician’s advice, and my own assessment of my health, I represent that I do not suffer from any physical or mental difficulties that would make it inadvisable for me to participate in Yoga and Wellness classes.

3.    I am solely responsible for (i) having regular physical examinations to ensure that there is no change in my health that would make it inadvisable for me to use HNYWAC in the future; (ii) discontinuing my use of HNYWAC whenever my physician so suggests, or whenever it would be prudent to discontinue in light of my physical or mental condition; (iii) ensuring that any equipment at HNYWAC (the “Equipment”) is in good condition before I use it; (iv) ensuring that I use the Equipment properly; and (v) ensuring that I only use the Equipment for the intended purpose. Knowing all of these things, I assume all of the risks associated with the use of HNYWAC and the Equipment.

4.    I shall comply with any rules or regulations that owners or managers of any of HNYWAC may establish for use of any of HNYWAC. I shall also comply with any amendments or other modifications of those rules or regulations.

5.    I am responsible for any damage I may directly or indirectly cause to any of HNYWAC. In addition, I will inform the Studio manager if I notice any damage to HNYWAC or any of the Equipment.

6.    I represent and warrant that I am physically fit and I have no medical condition(s) that would prevent my full participation in group or private Yoga and Wellness classes, workshops and retreats offered by any of the HNYWAC Entities.

7.    I will update the HNYWAC Entities as to any changes in my medical condition or contact with others with known or suspected exposure to COVID-19.

8.    I will not enter any of HNYWAC or participate in any yoga classes, workshops, or retreats offered by the HNYWAC Entities if I experience symptoms, or, to my knowledge, come in contact with anyone who was either known or suspected to have had symptoms within the past 14-days, associated with COVID-19 or any other sign of illness, including, without limitation, fever, chills, cough, shortness of breath, or sore throat, or if I have a suspected, or diagnosed or confirmed case of COVID-19. 

9.    I understand that third parties may occasionally place advertisements in HNYWAC for Yoga classes, workshops and retreats taking place outside HNYWAC (“Third Party Events”). I acknowledge that none of the HNYWAC Entities are responsible for the administration of such Third Party Events.

10.    ASSUMPTION OF RISK: I have read and understood the above warning concerning the use of HNYWAC and COVID-19. I hereby choose to accept the risk injury while using the HNYWAC Entities’ services.  I am aware of the range of activities offered by HNYWAC and understand that these activities involve certain risks, including but not limited to death, serious neck, head and spinal injuries which may lead to full or partial paralysis, heart attacks, and injury to bones, joints and muscles. I am voluntarily participating in HNYWAC activities with the full knowledge of the dangers involved and hereby agree to accept any and all inherent risks of property damage, personal injury or death. I further agree to indemnify and hold harmless HNYWAC, its officers, employees, and agents for any and all claims arising as a result of my engaging in HNYWAC activities or any activities incidental thereto. I affirm that I am of legal age and am freely signing this agreement. I have read and fully understand that by signing this agreement, I am giving up legal rights and/or remedies which may be available to me for the ordinary negligence of HNYWAC or any of its officers, employees, and agents. I also choose to accept the risk of contracting COVID-19 while using the HNYWAC Entities’ services. These services are of such value to me that I accept the risk injury, and the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the HNYWAC Entities’ services and premises in person rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference).

11.    WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against the HNYWAC Entities or their owners, members, managers, agents, successors, assigns, employees, or other representatives in connection with any injuries, or any exposure, infection, and/or spread of COVID-19 related to utilizing the HNYWAC Entities’ services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I understand that this Agreement is, and is intended to be, an absolute bar on any such claim, suit or other action and that it may be pled as such.

12.    AGREEMENT TO ARBITRATE: This Agreement shall be governed by the laws of the State of New York, and that any claim or dispute that arises under this Agreement, or relating to my use of the HNYWAC Entities’ services, shall be resolved by binding arbitration by the American Arbitration Association in New York, New York.

13.    I understand that any of the HNYWAC Entities may revoke my right to use any of HNYWAC at any time.

14.    I understand that the HNYWAC Entities may, from time to time, revise the terms of this Agreement, with commercially reasonable efforts to notify me of such revisions by email at the email address provided.

15.    I hereby agree to irrevocably release and waive any claims that I have now or hereafter may have against Here and Now Yoga, Wellness & Arts Collective, LLC, Here and Now Yoga & Wellness, LLC, Michelle Cavanagh or Dina Denis-Paolucci and/or instructors hired by Here and Now Yoga, Wellness & Arts Collective, LLC, Here and Now Yoga & Wellness, LLC, Michelle Cavanagh or Dina Denis-Paolucci. I have read the above release, waiver of liability and fully understand their contents. I voluntarily agree to the terms and conditions stated above.

We agree that this Agreement may be signed electronically or agreed to by having you click Yes, I understand and agree to the terms, the effect of which will be the same as if I signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

By electronic signature I agree that I have read this Agreement of Release / Waiver of Liability and fully understand its contents and voluntarily agree to be bound by all of its terms.