CLANDESTINEMOOD SPORTY PARTY: PRE ART BASEL

CLANDESTINEMOOD SPORTY PARTY comes to Miami Beach! (IYKYK)

Get ready for an exclusive simultaneous double session that will leave you breathless:

• Techno yoga by the.only.studio 🧘🏼‍♀️
• And Ride by SÍCLO 🚲 at a secret spot revealed just 24h before 🔥
• Exclusive dress code 30% discount by ReviveActyve—because this is a private party and you need a dress code 💌
• Live DJ to keep the vibe strong at our exclusive party 👩‍🎤
• healthy bites by NuRealFood 🍴
• glow treatments & Skin Spa gifts worth up to 50$> $500 🏆

And that’s not all; there are still more hidden details waiting to be unlocked

By purchasing your ticket, you are accepting and SIGNING the liability waiver below:

Liability Waiver

CLANDESTINEMOOD® Operated by:

CLANDESTINEMOOD LLC

66 West Flagler Street, Suite 900 #3457,

Miami, FL 33130 [email protected](302) 661 59 29

The words “you” and “your” mean the Participant below. The words “CLANDESTINEMOOD,” “CLM”, “we,” “our,” and “us” refer to Clandestinemood LLC - Miami, a Florida limited liability company, which owns and operates the CLANDESTINEMOOD® events. This contract is between you and us (this “Waiver”).

In consideration for being allowed to participate in an CLANDESTINEMOOD EVENT (as defined below), whether on or off the Facility (as defined below), and as an express condition of the same, Participant hereby agrees to each of the following terms:

1. DEFINITIONS: For purposes of this Waiver, the following definitions shall apply:

“Claim” shall mean any and all causes of action, suits, debts, losses, demands, damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, incidental damages, consequential damages, and punitive damages), fees, costs, expenses (including attorney’s fees and costs actually incurred), and liabilities of any type o302r kind whatsoever.

“Facility” shall mean the main premises of where Sessions or EVENTS (as defined below) generally take place, including any other areas of the premises where exercise does not take place (including, but not limited to, any kids room).

“CLM® Agreement” means the agreement signed by Persons (as defined below) when they either sign up to become a member or to purchase a event ticket,. “Member” shall, for purposes of this Agreement, either mean a Person (as defined below) holding a membership level, or any Person purchasing any Drop In or ticket above.

“Participant” shall, for purposes of this Waiver, the Person signing this Waiver who is participating in a CLANDESTINEMOOD EVENT.

“Person” shall mean an individual, corporation, association, limited liability company, partnership, estate, trust, or any other entity or organization.

“Session” shall refer to any group training session or EVENT by Clandestinemood.

2. EFFECTIVE DATE: This Waiver shall become effective as of the date of Participant’s purchase of ticket (the “Effective Date”).

3. WARNING: CLANDESTINEMOOD’s events are not designed for individuals with known heart disease, with or without functional impairment, or other health conditions which would prevent you from engaging in the exercises involved in the Event. CLANDESTINEMOOD® shall have no obligation to perform a fitness assessment or similar testing to determine your physical condition. Each Participant should consider his/her medical history and should consult with a physician prior to engaging in such exercise or continuing to exercise if a medical condition develops or appears to be developing.

4. REPRESENTATIONS AND WARRANTIES:

You hereby represent and warrant, on behalf of yourself, each of the following:

(a) that your identifying information provided above is true and correct;

(b) that you have no medical or physical condition (including, but not limited to, any disability, impairment, or ailment) that would prevent you from properly using any part of the Facility or participating in any Sessions; (c) that you have no disability, impairment, or ailment preventing you from engaging in active or passive exercise, or that will be detrimental or adverse to your health, safety, or physical condition if you do so engage or participate;

(d) you do not have a physical or mental condition that would put you or others in any physical or medical danger;

(e) you have not been instructed by a physician to not participate in physical exercise; and

(g) that you have capacity and authority to enter into this Waiver.

5. ACKNOWLEDGMENT: You understand that CLANDESTINEMOOD will be relying on your representations and warranties above in allowing you to participate in a Session/Event. It is your responsibility to monitor and disclose any medical condition or Medic*tion that could limit or prevent you from performing physical activity. You are solely responsible for your safety and well-being, including but not limited to, ensuring during Sessions/Event that you have a safe and open area around you clear of any potential hazards.

6. DISCLAIMERS: You understand and agree that CLANDESTINEMOOD is not responsible for your, or your family members’ or guests’ property that is lost, stolen, or damaged while in, on, or about the Facility of the Event, or for any damage which may occur to your, your family members’ or guests’ vehicle, or any property contained therein, while at the Facility or attending an CLANDESTINEMOOD Event. In addition, you understand that CLANDESTINEMOOD is not the manufacturer of any of the equipment which is used at the Facility or during a Session, and therefore shall not be liable for any Claims of product liability in connection with any equipment at the Facility which may malfunction.

7. ASSUMPTION OF RISK, WAIVER AND RELEASE, INDEMNIFICATION:

a. Assumption of Risk and Release. Any and all use of the Facility, or participation in any activities operated, arranged, or sponsored by CLANDESTINEMOOD, including the Sessions/Event, whether occurring on or off the premises of the Facility, by you or your family members or guests shall be AT SUCH PERSON’S OWN RISK, and CLANDESTINEMOOD shall not be liable for any injuries or damages to such Person, or the property of such Person, or be subject to any Claim in relation to the same. You hereby acknowledge that there are certain inherent risks and dangers associated with group fitness classes and exercise equipment used in connection with the Sessions and the Facility, including but not limited to, collisions with other Persons during Sessions, fainting, dropping weights or other equipment on a body part, falling off of equipment, and contracting various illnesses such as COVID-19 (see Section 8 below). You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid them. You also acknowledge that the specific risks vary from one activity to another in a group training setting, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, stroke, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. In recognition of such risks and other possible dangers connected with such physical activity, by signing this Waiver, you understand, acknowledge, agree, and hereby voluntarily and fully accept all risk and responsibility associated with your use of the Facility or participation in any Sessions/Events (whether at the Facility or otherwise).

You, on behalf of yourself, your family members and guests, and each of your and their respective heirs, executors, personal representatives, administrators, successors and assigns, hereby waive, release, and forever discharge CLANDESTINEMOOD, its owners, employees, agents, representatives, successor and assigns from any and all Claims of any nature whatsoever, whether known or unknown, arising from or related to: (1) your presence at or near the Facility or your use of the Facility; (2) your participation in any CLANDESTINEMOOD Session/Event (whether in the Facility, outdoors, online or otherwise); (3) your use of any equipment at the Facility or in any Session, (4) injuries, disease, infection or medical disorders you may sustain from exercises at the Facility or in any Session, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments, or tendons; (5) any CLANDESTINEMOOD evaluation, or its interpretation of such fitness assessment or similar testing; (6) your disability, impairment or ailment preventing you from engaging in active or passive exercise or that would be detrimental or adverse to your health, safety, or physical condition if you do so engage or participate; (7) any damage to your, your family members’ or your Guest’s property; (8) any negligence on the part of CLANDESTINEMOOD or its employees or agents, including but not limited to, injuries which may occur as a result of (a) the improper maintenance of the Facility, (b) your use of any exercise equipment which may malfunction or break, (c) improper maintenance of any exercise equipment, (d) our negligent instruction or supervision, (e) our negligent hiring or negligent retention of any employee, (f) loss of consortium, (g) your slipping and falling while in the Facility or surrounding areas, including any parking areas.

b. Indemnification. You, on behalf of yourself, your family members and guests, and each of your and their respective heirs, estate, executors, administrators, personal representatives, successors, and assigns, hereby indemnify, defend, and hold harmless CLANDESTINEMOOD, and its affiliates, owners, officers, directors, managers, members, employees, agents, successors, and assigns (each, an “Indemnified Party”) and agree to pay on behalf of and reimburse any such Indemnified Party as and when incurred, for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, or relating to (i) any Claim which is subject to the Assumption or the Risk or Waiver and Release set forth at Section 7(a) above, whether brought by you, or any other Person on your behalf (including, but not limited to, your personal representatives, estate, family members, guests, heirs, successors, or assigns), (ii) Claims brought by any Person or entity against CLANDESTINEMOOD for any property damage and/or personal injury caused by you, your Family or guest(s) at CLANDESTINEMOOD, or any activity or function operated, arranged or sponsored by CLANDESTINEMOOD, (iii) any Claim brought against CLANDESTINEMOOD which is related to any Person improperly gaining access to the Facility or any CLANDESTINEMOOD Session/Event through you, or (iv) any Claim relating to your representation and warranties in Section 4 above not being true. It shall be your obligation to pay for any such costs so indemnified, upon the presentation of a statement by any Indemnified Party itemizing the same.

BY BUYING THIS TICKET YOU EXPRESSLY AGREE THAT THE ABOVE ASSUMPTION OF RISK, WAIVER AND RELEASE, AND INDEMNIFICATION IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. FURTHER, YOU EXPRESSLY AGREE THAT IF ANY PORTION OF THE ASSUMPTION OF RISK, WAIVER AND RELEASE, OR INDEMNIFICATION PROVISIONS IS HELD INVALID, THE BALANCE OF SUCH SHALL BE VALID AND CONTINUE IN FULL LEGAL FORCE AND EFFECT. FOR AVOIDANCE OF DOUBT, THE TERMS AND CONDITIONS OF THIS PROVISION ARE BINDING ON YOU, YOUR ESTATE, FAMILY, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY.

8. ADDITIONAL WAIVER(S) RELATING TO COVID-19: The novel coronavirus (COVID-19), and any variants thereof, has been declared a worldwide pandemic by the World Health Organization, and is an extremely contagious virus which spreads easily from person to person and, upon contraction, has serious health consequences, including but not limited to, attacking a person’s respiratory system, and having the potential to cause hospitalization or even death. As a consequence of the virulent nature of this virus, government entities around the world have issued certain orders, in order to slow or stop the spread of the virus, including social distancing, quarantines, limitations on social gatherings, and more. CLANDESTINEMOOD cannot guarantee that a Participant will not become exposed to or infected with COVID-19 while participating in Sessions/Event. You understand that the risk of becoming exposed to or infected by COVID-19 at the Facility or during a Session/Event may result from the actions, omissions, or negligence of yourself and/or others, including but not limited to, CLANDESTINEMOOD employees, instructors, agents, and staff.

In light of the foregoing, you hereby acknowledge the contagious nature of the COVID-19 virus, the symptoms of the virus upon contraction, and the fact that attendance at Sessions, at the Facility or elsewhere, exposes you to the risk of contracting the COVID-19 virus. Notwithstanding the foregoing risks, you nevertheless agree to voluntarily assume the risk that you may be exposed to COVID-19 and its consequent side effects, by attending CLANDESTINEMOOD Sessions/Events at the Facility or elsewhere, and that any such infection may result in personal injury, illness, permanent disability, or even death.

You hereby release, covenant not to sue, discharge, and hold harmless CLANDESTINEMOOD, its affiliates, owners, officers, directors, managers, members, employees, agents, successors, and assigns of and from any Claims relating to or arising from your contracting of COVID-19, and any consequences resulting therefrom. You understand and agree that this release includes any Claims based on the actions, omission, or negligence of CLANDESTINEMOOD, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after participation in any CLANDESTINEMOOD session/Event.

In addition to the foregoing, you agree to promptly notify CLANDESTINEMOOD if you have tested positive for COVID-19 or if you suspect you may have COVID-19, and agree to not participate in any Sessions/Event while you have COVID-19 or have such suspicion that you may have COVID-19.

Participant, by purchasing a ticket and execution of this Waiver, agrees that for each time that he or she enters the Facility or attends any Session, the following are true:

• Participant is not then experiencing any symptoms of illness identified by the CDC as potential symptoms of Covid-19.

• Participant does not have a fever or cough and is not experiencing any shortness of breath.

• Participant does not have a suspected case of Covid -19, regardless of whether testing has been sought.

• Participant has not been advised to quarantine in accordance with the CDC guidance (i.e., 14 days following exposure to a confirmed case of Covid-19).

• Participant has not been diagnosed with Covid-19 within the last 14 days, and Participant has not experienced any fever within the prior 24 hours.

• Participant will follow any recommended CDC guidelines or other guidelines within the Facility.

• Participant will notify CLANDESTINEMOOD immediately upon being diagnosed with Covid-19 or instructed to isolate,

• if Participant has been within the Facility during the prior fourteen (14) day period.

9. LIMITATION OF LIABILITY: In no event shall CLANDESTINEMOOD be liable to Participant or Participant’s family members or guests for any special, incidental, punitive or consequential damages, whether based on breach of contract, tort (including negligence) or otherwise, whether or not CLANDESTINEMOOD has been advised of the possibility of such damages.

10. EMAILS, PHOTOGRAPH & VIDEO RELEASE: We may photograph, record on audio or video, or otherwise record any CLANDESTINEMOOD Sessions/Event or your use of the Facility as well as use your email for communication purposes. In exchange for your use of the Facility or your participation in any CLANDESTINEMOOD Sessions/Events, you understand, acknowledge and agree that you may be photographed, recorded on audio or video, or otherwise recorded by CLANDESTINEMOOD, its representatives, employees, staff, and agents. You hereby further agree and consent for all purposes to the sale, reproduction, and/or use in any manner of any such photograph, audio, video or other recording or depiction of your likeness and/or voice whatsoever by us, and any nominee or designee of us, including without limitation, any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manner, including, without limitation, social media, advertising, trade, display, editorial, art, and exhibition. Additionally, you waive any right to royalties or other compensation arising from or related to the use of your image or recording. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics, and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You agree to hold harmless and indemnify CLANDESTINEMOOD, its representatives, employees, staff, and agents, from and against any and all liability, damage, loss and/or Claims of any kind or nature whatsoever, including, without limitation, any and all Claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

11. USE OF MEMBER INFORMATION: You agree that CLANDESTINEMOOD may use any personal information gathered in this form or through your use of the Facility or participation in any CLANDESTINEMOOD Session/Event, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation, research, product and program improvements, and for statistical purposes.

12. MISCELLANEOUS: The Participant and CLANDESTINEMOOD acknowledge that this Waiver, together with Appendix A (Rules and Policies), constitutes their entire agreement between themselves on the subject matter contained herein. To the extent that Participant later executes the CLANDESTINEMOOD Agreement in connection with the purchase of a a Session Event Ticket, then the terms of that CLANDESTINEMOOD Agreement shall supersede the terms of this Waiver. This Waiver cannot be amended except in the form of a writing which is executed by the parties, provided CLANDESTINEMOOD shall be permitted to amend its Rules and Policies from time to time in its discretion with notice to the Participant (which may be accomplished by posting the same at the Facility). If any part of this Waiver is held to be invalid, void, or unenforceable for whatever reason, such provision shall be severed, and it shall not affect the validity of the remaining provisions of the Waiver. Participant shall not be entitled to assign its rights or obligations under this Waiver to any third party, without the prior written consent of CLANDESTINEMOOD. This Waiver (including but not limited to all exculpatory clauses set forth within Sections 6-9 above), shall be binding on you, your family members, guests, heirs, representatives, executors, administrators, successors, and assigns; similarly, this Waiver shall be binding on CLANDESTINEMOOD, and its successors and assigns. This Waiver shall be governed by Florida law, without regard to its conflict of laws principles. For purposes of any disputes which may arise out of or be related to this Waiver, the parties hereby irrevocably and unconditionally agree to submit any such disputes to the exclusive jurisdiction of the state or federal courts located in Miami Dade County, Florida. The provisions of this Waiver set forth at Section 6 (Disclaimers), Section 7 (Assumption of the Risk; Waiver and Release; Indemnification), Section 8 (Additional Waiver Related to COVID-19), Section 9 (Limitation of Liability) and Section 10 (Photograph & Video Release) shall survive the termination, cancellation, or expiration of this Waiver, along with any other provisions that by their nature are intended to survive the termination, cancellation or expiration of this Waiver.

I hereby acknowledge that I have carefully read and understood all of the terms of this Waiver (including, but not limited to, the Assumption of the Risk, Waiver and Release, and Indemnification provisions above), and, by purchasing a ticket to the Event, hereby agree to be fully bound by the terms herein.

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