Mind Magic Mini-retreat - Seven Mile island

    Release and Waiver
     
    Thank you for joining Here & Now Yoga LLC, Cheri Fandozzi, and Suzanne Kubick (collectively, “Host”) for the Mind Magic event on June 17 or June 24, 2026, at 540 and 546 22nd Street, Avalon, NJ 08202 (collectively, the “Location”). I, the undersigned, wish to participate in the activities offered by Host at the Location, which may include yoga services, workshops, exercise, and related physical activities; meditation; non-medical wellness services; and other activities (collectively, all activities offered, the “Voluntary Activities”), and hereby acknowledge and agree to the following:

    I. Assumption of Risk. I AM AWARE AND UNDERSTAND THAT (A) ACCESSING THE LOCATION AND THE VOLUNTARY ACTIVITIES INHERENTLY, BY THEIR VERY NATURE, CARRY CERTAIN DANGERS AND RISKS THAT CANNOT BE ELIMINATED, REGARDLESS OF THE CARE TAKEN TO PREVENT OR MINIMIZE HARM, AND (B) MY PARTICIPATION IN THE VOLUNTARY ACTIVITIES AND ENTRANCE TO THE LOCATION ARE VOLUNTARY AND I HEREBY VOLUNTARILY AND FREELY ASSUME FULL RESPONSIBILITY FOR ALL RISKS AND DANGERS, WHETHER KNOWN OR UNKNOWN, THAT MAY OCCUR RELATED TO MY PARTICIPATION IN THE VOLUNTARY ACTIVITIES AND PRESENCE AT THE LOCATION, INCLUDING TEMPORARY OR PERMANENT DISABILITY, SERIOUS INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, RISKS OF EXPOSURE TO BACTERIA, VIRUS(ES), MICRO-ORGANISMS, OR OTHER ILLNESS-CAUSING PATHOGENS, INCLUDING BUT NOT LIMITED TO, EXPOSURES TO STRAINS OF COVID-19 OR SIMILAR ILLNESSES, ALLERGIC REACTIONS, IMPROPER APPLICATION OF PRODUCTS, PHYSICAL OR MENTAL HEALTH REACTIONS AND/OR OTHER DAMAGES. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF HOST OR A THIRD PARTY. 

    II. Release. In consideration of my participation in the Voluntary Activities and access to the Location, I do hereby for and on behalf of myself and my heirs and legal representatives, fully and forever release, waive and discharge Host, Vincent Pasquale Fandozzi, 546 22nd Street LLC, and their respective officers, board of governors, members, employees, volunteers, agents, independent contractors, successors and assigns (collectively, the “Released Persons”), of and from any and all loss, liability, claims and damages, of any kind or nature whatsoever (collectively, “Claims”), including, but not limited to, Claims for bodily injury, disease, death, loss or damage of personal property, whether caused by the negligence of Host, a Released Person, or any third party, related to my participation in the Voluntary Activities (whether using exercise equipment or not or whether exercising or not) and presence at the Location, and that I will be held responsible for attorney’s fees and any costs incurred by Host or the Released Persons in defending Claims. Further, I agree to indemnify, defend, and hold Host and Released Persons harmless against any Claims. I acknowledge and agree that this Release and Waiver is intended to be, and is, a complete release of any responsibility of Host and the Released Persons for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while at the Location or engaging in the Voluntary Activities.

    III. Indemnification. To the fullest extent permitted by law, I shall defend, indemnify, and hold harmless Host and all other Released Persons against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification herein, and the cost of pursuing any insurance providers, incurred by Host or a Released Person in a final judgment arising out of or resulting from any claim of a third party related to my negligence or intentional misconduct in connection to my presence at the Location or participation in the Voluntary Activities.

    IV. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue Host or the Released Persons or initiate or assist in the prosecution of any claim for damages or cause of action against Host or the Released Persons which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while at the Location or engaging in the Voluntary Activities.

    V. Ability to Participate in Voluntary Activities. I understand and acknowledge that it is my responsibility to determine whether any medical conditions, whether physical or mental, exist which may pose a threat to the health or safety of myself or others while participating in the Voluntary Activities and that I am responsible for my own health, including physical, mental, and emotional health. I represent and warrant that I am physically and mentally fit and have no condition which would prevent my full participation in any of the Voluntary Activities. I acknowledge and agree that it is my responsibility to inform Host of any injury or other condition that might affect my ability to participate in any Voluntary Activities, and to inform Host immediately if an injury occurs or if I am diagnosed with an injury or illness that will affect my participation in the Voluntary Activities.

    VI. Consent to Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Voluntary Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Host and the Released Persons from any claim based on such treatment or other medical services. 

    VII. No Health Services. I understand and acknowledge that Host and the Released Persons do not diagnose illnesses, mental, emotional or physical, provide medical therapy or prescribe medical treatments or pharmaceuticals, and that services rendered by Host and the Released Persons are not medical in nature and are not a substitute for diagnosis and treatment by a licensed medical professional. I acknowledge and agree that neither Host nor the Released Persons are healthcare practitioners, medical doctors, nor mental health professionals, cannot be expected to diagnose and/or treat individual health problems, and are not providing health or medical advice, and that neither Host nor any Released Persons do not give medical advice relating to my physical condition and ability to engage in the Voluntary Activities. 

    VIII. Publicity Release. I grant and convey to Host, and those acting on behalf of Host with authority and permission, the irrevocable right and permission to use, re-use, publish, and re-publish, any and all photographs, video, or audio, in whole or in part, deriving from the Voluntary Activities, including but not limited to, reproductions in any and all forms of media including illustrations, promotions, advertising or other benefits derived from such photographs or recordings. I waive any rights to inspect or approve the finished product(s) that may be used in connection therewith or the use to which it may be applied.

    IX. Dispute Resolution. You agree to first attempt to settle in good faith any disputes with Host arising out of this Release and Waiver through private mediation in-person in Avalon County, Florida or virtually via remote technology, with a mutually agreed-upon, neutral mediator before initiating any litigation or other dispute resolution procedure. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties. If the dispute is not resolved at mediation, the parties agree that the matter may be resolved in a court of law.

    X. Applicable Law. This Release and Waiver, and all matters arising out of or related to (directly or indirectly) this Release and Waiver (including tort claims), is governed by the laws of the State of New Jersey, without giving effect to its principles of conflicts of law, and any litigation arising therefrom must be handled exclusively in the federal or state courts located in County of Avalon.

    XI. Binding Effect. This Release and Waiver shall be binding upon myself, my heirs, administrators, representatives, executors, successors and assigns. This Release and Waiver shall be governed by and construed in accordance with the laws of the State of New Jersey.

    XII. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT, PRIOR TO SIGNING THIS RELEASE AND WAIVER, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE AND WAIVER. I HAVE READ THE TERMS HEREIN AND FULLY UNDERSTAND THAT BY PROVIDING MY SIGNATURE BELOW, I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND HAVE SIGNED IT FREELY, VOLUNTARILY, AND FOR ADEQUATE CONSIDERATION, WITHOUT ANY ASSURANCE OR GUARANTEE. I WARRANT THAT I AM AT LEAST 18 YEARS OF AGE AND THAT I HAVE THE RIGHT TO ENTER THIS RELEASE AND WAIVER IN MY OWN NAME OR THAT IF I AM SIGNING ON BEHALF OF A MINOR CHILD, I GIVE FULL PERMISSION FOR SUCH MINOR’S PARTICIPATION IN THE VOLUNTARY ACTIVITIES AND AGREE TO THE TERMS HEREIN.