The Point Barre & Yoga Waiver

I hereby agree to the following: 1. I am participating in yoga classes, health programs, workshops and other exercise and healing arts activities (collectively, the “Activities”) offered by East Boston Barre and Yoga LLC (D/B/A The Point East Boston Barre & Yoga, the “Studio”) and/or by its owners, instructors, teachers, workshop presenters, employees and independent contractors. 2. I recognize that I must be in good physical and mental health to participate in the Activities. I understand that the Activities require physical exertion and I represent and warrant that I am physically fit and I have no medical condition which would prevent my full participation in the Activities. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Activities. If I have consulted a physician, I have taken the physician’s advice. I understand that the Studio reserves the right in its absolute discretion to refuse my participation in an Activity on medical or fitness grounds. 3. I am aware that participation in the Activities involves risk, including the risks of abnormal blood pressure, fainting, heartbeat disorders or heart attack, muscle, back, or bone injuries and/or other possible physical injury. 4. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. I understand that it is my continuing responsibility to inform the Studio of any previous medical conditions, injuries or surgeries prior to my first class and any future changes to my medical condition. 5. In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities at the Studio. 6. As additional consideration for being permitted to participate in the Activities, I also knowingly, voluntarily and expressly waive any “Claims” (as defined below) I may have against the Studio, its owners, members, employees, and/or its instructors, teachers, employees, volunteer staff, interns, and/or independent contractors and the landlord of the Studio (each, a “Released Party”) I may sustain as a result of participating in the Activities at the Studio, even if the Claim arises from the carelessness or negligence of a Released Party. I also agree to indemnify, defend and hold harmless each Released Party from any loss, liability or expense (including reasonable attorneys’ fees) incurred in defending any Claim made against a Released Party arising from my acts or omissions. “Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I, or my children (including unborn children) may suffer in connection with participation in any Activity. 7. The above waiver of Claims and indemnification is binding on my successors, including my heirs and legal representatives. 8. I hereby understand that the Studio from time to time may photograph or video classes or events occurring on the premises and place such photographs and videos on its Website. I hereby consent to the free use of my name, likeness and image that may appear in any such photograph or video. 9. Acknowledgment of COVID-19 infections have been confirmed throughout the United States, including Massachusetts. I understand that although East Boston Barre and Yoga LLC intends to follow guidance and protocols recommended by the Commonwealth of Massachusetts and the Center for Disease Control, there are unavoidable risks associated with exercising indoors and using shared equipment and common spaces. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY:  I am willingly and voluntarily attending and participating in the use of East Boston Barre and Yoga LLC facilities, programs and services and I agree I am assuming all dangers, hazards, risks (foreseen and unforeseen) inherent in, arising from or related to my attendance and participation at East Boston Barre and Yoga LLC. This may include COVID-19 and any consequence thereof, including quarantine requirements, financial losses, illness, disability and/or death. I authorize East Boston Barre and Yoga LLC to arrange for medical treatment for me should I become ill or incapacitated without incurring any liability. I release East Boston Barre and Yoga LLC from any liability for the quality, timeliness and outcome of any such medical care received. I understand I am responsible for all medical expenses I incur during my participation in the programs and activities of PERFORMANCE. Participant Responsibilities: I agree, represent and warrant that I shall not visit or utilize East Boston Barre and Yoga LLC facilities, services or programs (other than exclusively online classes) within 14 days after 1) international travel; 2)exposure to any person retuning from international travel; 3) exposure to any person who has suspected or conformed case of COVID-19. I agree, represent and warrant that I shall not utilize East Boston Barre and Yoga LLC facilities, services or programs and shall notify East Boston Barre and Yoga LLC if I have  1) experienced symptoms of COVID-19, including, without limitation, fever, cough, shortness of breath/difficulty breathing, chills, muscle pain, sore throat, or new loss of taste or smell, or any other symptoms that may be identified by the Center for Disease Control; or 2) have suspected diagnosed/confirmed case of COVID-19. 10.This agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts. I acknowledge that I have carefully read this Yoga Student Releases and Waivers and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this Yoga Student Releases and Waivers, I am giving up substantial rights, including my right to sue and certain legal rights that my heirs, next of kin, executors, administrators and assigns may have against any Released Party