I understand that I am participating in DanceBody, which is strenuous physical exercise and a fitness program that is substantially more rigorous than other forms of exercise in that it is designed to push me to the limits of my physical capabilities.

I am signing this Waiver and Release, Indemnity Agreement, and Informed Consent (hereinafter “Waiver & Release”) in anticipation of my participation in DanceBody and other activities organized by DanceBody, LLC, (hereinafter “DB”), having locations at DanceBody TriBeCa, DanceBody NoMad, locations as part of other dance studios, as well as Virtual Classes, including DanceBody LIVE and Virtual Private Sessions (hereinafter collectively referred to as the “Studios”). I understand that my participation in DanceBody and other activities organized or sponsored by DB, whether in studio, virtually, or elsewhere (hereinafter the “Activities”), poses unique risks of injury, and even death, of which I am fully aware.

I understand that the Activities will be conducted both inside and outside of the Studios, and that any Activities outside of the Studios, including but not limited to, and identified here as examples only, dancing, sculpting, carrying D-weights, resistance bands or other DB property, pose additional risks which DB cannot anticipate. I understand that this Waiver & Release covers my participation in all of the Activities regardless of their location, whether inside or outside of the Studios, or by my mere presence at the Studios.

My signature on this document evidences my understanding and agreement that any bodily injury, death, or loss of personal property, damages and expenses are my sole responsibility.

I acknowledge that DB has made no warranty, express or implied, regarding the condition of the Studios, the exercise equipment thereat, or the physical or mental condition, competency or skills of any other person at the Studios or elsewhere.

I have had ample opportunity to discuss all of these risks with the Trainers and Staff at DB, my physician, all of my personal health care professionals, and my family.

Notwithstanding these risks, both disclosed and undisclosed, I fully assume these risks and the inherently dangerous nature of the Activities, including DanceBody, and it is with my full and complete knowledge of these risks that, to the full extent permitted by New York law, I agree to hold harmless, release, defend, and indemnify DB, and to waive and relinquish all claims I may have or which in the future may accrue to me against DB, its owners, officers, principals, agents, successors, assigns, heirs, trainers, employees, volunteers, and independent contractors.

This Waiver & Release covers any and all liability, claims, demands, causes of action, or damages of any kind related to, arising from, or in any way connected with or believed to be caused by: (a) DB or any of its trainers or employees; (b) any fellow member of DB, or any individual merely present at DB; or (c) me or as a result of my participation in the Activities at or sponsored by DB. This Waiver & Release covers any and all Activities connected to or associated with DB, recreational, exercise-related, social, or otherwise, whether at the Studios or elsewhere, all without limitation. I further agree not to sue, claim against, attach the property of, or prosecute DB for any such injury, death, damages or losses, whether or not such injury or death was caused in whole or in part by my negligence, the negligence of DB, or the act or omission of any party whatsoever.

I knowingly understand that certain DB classes will be photographed and/or videotaped for the specific purpose of promoting the DB brand. I hereby grant DB permission to use such photos and/or videos of my image during group classes. Usage of these images can include, but is not limited to: print, electronic, television, film/digital, website, online, video streaming and social media entities in perpetuity.

We partner with Forte Nexus, Inc. (“Forte”, www.forte.fit) to live stream and record classes for dancebodylive.com. You grant permission to us and Forte to live stream, record, edit, and playback your participation. DanceBody is the owner of all recordings and has the rights to use or license them to provide its service. You waive rights to any claims including defamation, false light, invasion of privacy, rights of publicity, injury, and any tort claim or claims related to this service.

I acknowledge the contagious nature of COVID-19 and agree to not come to a DanceBody Private Session, class, and or event if I knowingly have COVID-19. I agree to assume all risk and accept sole responsibility for any injury to myself, illness, damage, loss, claim, liability, or expense, of any kind. I further agree to indemnify and hold harmless DanceBody, its employees and representatives from any and all damages resulting from me and/or my guest(s) entering DanceBody and whether a COVID-19 infection occurs before, during, and after visiting or taking DanceBody Private Sessions, classes, and or events.

By signing below, I agree to receive DanceBody emails about class updates, schedule changes, class cancellations as well as marketing announcements and other forms of communication from DB.

This contract shall be legally binding upon me, my spouse, my heirs, my estate, assigns, legal guardians, and my personal representatives. I agree that this Waiver & Release is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that if any portion of this Waiver & Release is held invalid, the other provisions shall continue in full legal force and effect. This Waiver & Release is in effect from the date of signing and shall remain in force as long as I am a client or member of DB or participate in the Activities. I acknowledge that from time to time I may be asked to sign an updated version of this Waiver & Release, in which case the most recently signed Waiver & Release shall be controlling.

The terms and provisions of this Waiver & Release and any dispute arising in connection with it shall be governed by and construed in accordance with New York law.

I HAVE READ THIS COVENANT NOT TO SUE, WAIVER, RELEASE, INFORMED CONSENT, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF DB AND ALL PARTIES MENTIONED HEREIN TO THE GREATEST EXTENT ALLOWED BY LAW.

THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS DOCUMENT IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.