Mindful on the bay classes June 28-July 26 

    DESCRIPTION: Join Cheri Fandozzi Fridays from 8:45 - 10 AM EST for mindful yoga and meditation from June 28-July 26. Drop in any time for free (donations optional). BYOMat if you have one or I will have some to borrow.

    By signing up for this class, you agree to the following Here & Now Yoga LLC Waiver:

    Thank you for joining us, Here & Now Yoga LLC, Cheri Fandozzi, Vincent Pasquale Fandozzi, and 546 22nd Street LLC (collectively, “Here & Now”) for any of our activities from June 28 – July 26, 2024, at 540 and 546 22nd Street, Avalon, NJ 08202 (collectively, the “Location”). I, the undersigned, wish to participate in the activities offered by Here & Now 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 ASSUME FULL RESPONSIBILITY FOR ALL RISKS, WHETHER KNOWN OR UNKNOWN, 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 HERE & NOW 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, release, waive and forever discharge Here & Now, its 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 Here & Now or the Released Persons, 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 Here & Now or the Released Persons in defending Claims. Further, I agree to indemnify, defend, and hold Here & Now and Released Persons harmless against any Claims. 

    III. Indemnification. To the fullest extent permitted by law, I shall defend, indemnify, and hold harmless Here & Now 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 Here & Now 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. 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 Here & Now of any injury or other condition that might affect my ability to participate in any Voluntary Activities, and to inform Here & Now immediately if an injury occurs or if I am diagnosed with an injury or illness that will affect my participation in the Voluntary Activities. 

    V. 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 Here & Now from any claim based on such treatment or other medical services. 

    VI. No Health Services. I understand and acknowledge that Here & Now 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 Here & Now 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 Here & Now 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 Here & Now nor any Released Persons do not give medical advice relating to my physical condition and ability to engage in the Voluntary Activities. 

    VII. Publicity Release. I grant and convey to Here & Now, and those acting on behalf of Here & Now 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. 

    VIII. Arbitration. You agree that any disputes arising under this Waiver will be submitted to confidential binding arbitration in Avalon, New Jersey, before a single arbitrator pursuant to the then-applicable rules of the American Arbitration Association. 

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

    X. 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 AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE. I WARRANT THAT I AM AT LEAST 18 YEARS OF AGE AND THAT I HAVE THE RIGHT TO ENTER THIS 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. 
     
    IN WITNESS WHEREOF, by entering my information below, I agree that I am signing this Waiver.