Yoga Waiver

We hope your yoga experience is safe and rewarding, but accidents can happen. The following waiver must be signed by all participants in order to participate in the family yoga event (“Family Yoga”) being hosted by Friends of the East River Esplanade (60th – 120th Sts.) Inc. (“Friends of the Esplanade”) at the Green Grass at Andrew Haswell Green Park on July 9, 2025. All participants must be age 18 or older, unless accompanied by an adult aged 18 years or older with the power to execute any documents and waivers on behalf of the participant (“Accompanying Adult”). For the avoidance of doubt, references to “you” or “I” herein shall be interpreted to refer to (i) the participant, where the participant is 18 years or older, and (ii) the Accompanying Adult, where the participant is 17 years or younger (“Minor Participant”).

By signing below, you agree to the following: 

I understand that my participation in Family Yoga is wholly voluntary and that I am not required to sign this form if I do not intend to participate in Family Yoga. I further understand that, to the extent I am serving as an Accompanying Adult, that any such Minor Participant’s participation in Family Yoga is wholly voluntary and that I am not required to sign this form on behalf of such Minor Participant if such Minor Participant does not intend to participate in Family Yoga.

I understand that by its very nature, physical activities, like Family Yoga, may put participants in dangerous situations. Family Yoga includes strenuous bodily contortion and physical exertion, which may result in serious accidents or injuries. Risks include, but are not limited to, falls, collisions with fellow participants, physical adjustment by the instructor, improper use of equipment, all of which can result in serious injury, strains, sprains, tears and death, and transmission and/or exposure to communicable diseases (including, without limitation, COVID-19, notwithstanding vaccination and/or booster status). I understand that the aforementioned list is not intended to be a comprehensive list of risks. I understand and acknowledge these risks and that Friends of the Esplanade is not an insurer of my health or safety. After a full opportunity for such inquiry and investigation as I have deemed appropriate, I knowingly and voluntarily assume any and all risks associated with (i) my participation in Family Yoga, and/or (ii) if serving as an Accompanying Adult, any Minor Participant’s participation in Family Yoga. 

I understand that it is my responsibility to consult with a physician or other health professional prior to and regarding (i) my participation in Family Yoga, and/or (ii) if serving as an Accompanying Adult, any Minor Participant’s participation in Family Yoga, to ensure that such participation is safe and appropriate for my or such Minor Participant’s, as applicable, physical condition. I represent and warrant that there is no medical or other condition that would prevent or make unsafe or unwise my or such Minor Participant’s, as applicable, participation in Family Yoga. 

I understand that Friends of the Esplanade may terminate my and/or such Minor Participant’s, as applicable, participation in Family Yoga at any time. 

Waiver:  In consideration of being permitted to participate in Family Yoga, I, on behalf of myself, my spouse, children, heirs, agents, executors, administrators, personal representatives, and assigns, do hereby unconditionally release, indemnify, hold harmless, waive, discharge, and covenant not to sue Friends of the Esplanade and its employees, volunteers, representatives, and agents (collectively, the “Released Parties”) of and from any liability, claims, causes of action, costs, expenses, or losses of any kind which arise, directly or indirectly, from my and/or such Minor Participant’s, as applicable, participation in Family Yoga, including, but not limited to, any and all injury, illness, disability, or death, or loss of/damage to property, except in the event of gross negligence or willful misconduct of the Released Parties. 

Indemnification and Hold Harmless: I also agree to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result, directly or indirectly, of my and/or such Minor Participant’s, as applicable, participation in Family Yoga and to reimburse the Released Parties for any such costs, expenses, damages, or liability which may arise, directly or indirectly from my participation in Family Yoga.

Severability; Electronic Signatures: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Transmission by electronic mail of a PDF document created from the originally signed document or electronically generated signatures (including by DocuSign) will be acceptable for all purposes.

Photo Release: I understand and agree that by participating in Family Yoga, I and/or such Minor Participant (if any) may be recorded. I hereby give Friends of the Esplanade permission to videotape, photograph, and/or otherwise record, or to hire someone to videotape, photograph or otherwise record, my and/or any Minor Participant’s, as applicable, image or likeness (including, without limitation, appearance, voice, and name) in connection with any participation in Family Yoga. I further consent to the release, publication, exhibition, or reproduction of any all recorded media for the use of Friends of the Esplanade in perpetuity, including, by way of example only, for use on websites, in social media marketing materials and publications, news, and advertising. I hereby release the Released Parties from any and all responsibilities or liability in connection with such aforementioned behavior, including without limitation, any right to inspect or approve the photo(s), video(s), or audio recording(s) of me and/or any Minor Participant, any claims for invasion of privacy, violation of the right of publicity, copyright infringement, or for any fees for the use of such recorded media.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. I represent and warrant, that, to the extent I am signing as an Accompanying Adult of a Minor Participant, I have all requisite power, authority and capacity to execute and deliver this waiver on behalf of such Minor Participant.