Yoga x Sandy HooK
Tootsie Olan Productions, LLC
WAIVER OF LIABILITY AND INDEMNIFICATION

1. I agree that I am personally responsible for my safety and actions while taking class with Tootsie Olan Productions, LLC. I agree to comply with all Tootsie Olan Productions LLC and Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation policies and rules, including but not limited to all policies, guidelines, signage, and instructions. Because the space where class is being held, The Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation, is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Tootsie Olan Productions LLC and Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation, its owners, board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party of Tootsie Olan Productions LLC, Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation or otherwise, while participating in class.

2. Waiver of Liability for Yoga and Dance Classes.  I hereby acknowledge that the dance and/or yoga classes to be led by Tootsie Olan Productions LLC at Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation will involve rigorous physical activity, and that the instructor will not in any way attempt to confirm my state of health or physical condition.  I further acknowledge that participation in such dance and yoga classes include the risk of injury and physical distress.  It is my responsibility to consult with a physician prior to and in reference to my participation in such classes.  I hereby represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in dance and yoga classes.  I expressly waive and release Tootsie Olan Productions LLC and Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation from any and all manner of liabilities, claims and demands of any kind or nature, including liabilities, claims or demands arising out of personal injuries or damages sustained, incurred or otherwise as a result of participation in dance and yoga classes.

3. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my participation in class of Tootsie Olan Productions LLC at Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation, facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

4. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the space of Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation and participation in class taught by Tootsie Olan Productions LLC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with New Jersey law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of New Jersey lifts all COVID-19 related mandates.

5. Tootsie Olan Productions LLC and Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation or its representatives may photograph, audio record and/or video record activities that take place during class or event reserves the right to publish any such photographs, audio recordings and video recordings without obtaining further consent from any participant. Each participant releases Tootsie Olan Productions LLC and Sandy Hook Unit, Gateway National Recreation Area, and the Sandy Hook Foundation and its representatives from any liability in connection with any such use of such photographs, audio recordings or video recordings.