LIABILITY WAIVER AND RELEASE

In consideration for my participation in any and all of the Constantly Evolving classes, activities and events, at the Constantly Evolving Annex, online at the Inner Space Constantly Evolving Studio, or elsewhere, including whether in attendance physically or virtually, including but not limited to, group fitness classes, camps, retreats, and workshops (collectively “Constantly Evolving Events”), I acknowledge and agree that I, individually and at my own will, will be participating in rigorous physical activities including, but not limited to, capoeira, yoga, spinning, and other forms of martial arts, dance, other forms of physical exertion and exercise, and other activities associated with Constantly Evolving Events, including excursions, that involve risks of bodily injury, disfigurement or death, which may be caused by my own actions or inactions, the actions or inactions of others, equipment (exercise or otherwise) or the conditions in which the Constantly Evolving Events take place. I further acknowledge and agree that there may be other risks arising out of, and in connection with, my attendance at and participation in the Constantly Evolving Events that are either not known to me or not readily foreseeable at this time including, but not limited to, acts of God, acts of war or terrorism, armed conflicts, outbreaks of epidemic, pandemic, infectious, or contagious diseases, civil commotion, governmental regulations or controls, strikes, sabotage, fires, hurricanes and superstorms, casualty, cyber-crimes or attacks, and other causes and events beyond control. I personally fully accept and assume all such risks and all responsibility for any and all claims, injuries, losses, damages and expenses I or my personal property may suffer or incur arising out of, and in connection with, my attendance at and participation in Constantly Evolving Events. I understand that it is my responsibility to inform Nadia Zaki of any existing conditions, physical or mental, that may impact my participation in Constantly Evolving Events.

I release Nadia Zaki, Zakiwear Inc. and co-instructors of Nadia Zaki at Constantly Evolving Events from, and further waive, any and all claims, losses, damages, expenses (including attorneys’ fees and all court and litigation costs), liability (including statutory liability), and actions of any kind that I or my heirs, successors and assigns may suffer or incur resulting from injury and/or death to myself or any person or damage to or loss of any personal property arising out of, and in connection with, my attendance at and participation in Constantly Evolving Events. Further, I agree to indemnify and hold Nadia Zaki, Zakiwear Inc. and co-instructors of Nadia Zaki at Constantly Evolving Events harmless from and against any and all claims, losses, damages, expenses (including attorneys’ fees and all court and litigation costs), liability (including statutory liability), and actions of any kind that, despite the foregoing waiver and release, I or my heirs, successors and assigns may suffer or incur resulting from injury and/or death to myself or any person or damage to or loss of any personal property arising out of, and in connection with, my attendance at and participation in Constantly Evolving Events.

I agree that photographs, whether still or action, videos, film and/or motion pictures (collectively, “Pictures”) and/or audio recordings (“Recordings”) may be taken of me, individually or with others, by or on behalf of Nadia Zaki and Zakiwear Inc. in connection with Constantly Evolving Events, and agree that

all rights therein shall irrevocably, exclusively, unconditionally and perpetually belong to Nadia Zaki and Zakiwear Inc. and that such rights are freely assignable by Nadia Zaki and Zakiwear Inc.

I further agree that, without any compensation or notification to or approval by me, the Pictures or Recordings may be used, reproduced or otherwise disseminated or published by or on behalf of Nadia Zaki and Zakiwear Inc. directly or indirectly for any purpose, including but not limited to promotional purposes, in any manner, and at any time that Nadia Zaki and Zakiwear Inc. desire.

I release Nadia Zaki and Zakiwear Inc. from, and further waive, any and all claims, demands or causes of action that I or my heirs, successors and assigns may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or in connection with any utilization of the Pictures or Recordings.

I understand that I am expected to behave and act appropriately. Disruptive behavior and actions may result in my expulsion from Constantly Evolving Events at Nadia Zaki’s sole discretion at any time.

This Waiver and Release shall remain valid unless expressly revoked by me, in writing, with receipt acknowledged by Nadia Zaki in writing.

I understand that by accepting this Waiver and Release, I am obligated to indemnify and hold harmless the named parties as set forth herein and that this is a waiver and release of liability.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I have read and understand this Waiver and Release and voluntarily agree to its terms.

CORONAVIRUS/COVID-19 ACKNOWLEDGMENT, ASSUMPTION OF RISK AND LIABILITY WAIVER AND RELEASE

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Zakiwear, Inc. and the Constantly Evolving Inner Space Fitness Studio (the “Inner Space Studio”) has put in place preventative measures to reduce the spread of COVID-19; however, the Inner Space Studio cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attendance at the Inner Space Studio or participation in any Inner Space events, regardless of location, could increase your risk and your child(ren)’s risk of contracting COVID-19. Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:

I acknowledge and agree as follows:

• Due to the contagious nature of COVID-19, the Centers for Disease Control and Prevention, the World Health Organization and many other public health authorities recommend practicing social distancing and other protective measures.

• The Inner Space Studio has put in place preventative measures to reduce the spread of COVID-19.

• The Inner Space Studio cannot and does not guarantee that I will not become infected with COVID-19.

• The risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to Inner Space Studio staff, other students and attendees and their families.

• I voluntarily seek services provided by the Inner Space Studio and acknowledge that I am increasing my risk to exposure to COVID-19 by my attending the Inner Space Studio or Inner Space events.

• I must comply with all Inner Space Studio procedures and protocols while at the Inner Space Studio or Inner Space events.

I attest and agree as follows:

• I am not experiencing any symptom of illness including, but not limited to, cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

• I have not traveled internationally within the last 14 days.

• I have not traveled to a highly impacted area or to an area experiencing sustained community spread within the United States of America in the last 14 days.

• I do not believe, nor do I have knowledge that, I have been exposed to someone with a suspected, diagnosed and/or confirmed case of COVID-19.

• I have not been diagnosed with, nor have I been exposed to someone with, COVID-19 and not yet cleared as non-contagious by state or local public health authorities.

• I am following all CDC recommended guidelines and limiting my exposure to COVID-19.

• I have a duty to self-monitor for signs and symptoms of COVID-19 and agree to contact the Inner Space Studio if I experience signs or symptoms of COVID-19 within 14 days after attending the Inner Space Studio or an Inner Space event.

I acknowledge, agree and understand that I am risking my health and potentially being subject to COVID-19 by attending the Inner Space Studio, and I agree to assume this risk. I further acknowledge, agree and understand that I am not obliged to have close contact with any person in the Inner Space Studio, including for practicing and training purposes, and if I individually decide to practice and train with another student or teacher, I may be risking myself to contracting COVID-19. I acknowledge that I derive personal satisfaction and a benefit by virtue of my attending the Inner Space Studio and participating in Inner Space events and I am willingly attending and participating in the same.

I, on behalf of myself, my heirs, successors and assigns, hereby hold harmless, release, waive and forever discharge, to the fullest extent permitted by law, any and all liability, claims and demands of whatever nature against Zakiwear, Inc. and the Inner Space Studio and their owners and agents in connection with exposure, infection and/or spread of COVID-19. I understand that this means I forego my right to bring any claims for, including but not limited to, personal bodily injuries, death, illness, disease or property or economic losses, or any other loss, including but not limited to, claims of negligence, and forego any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

I acknowledge and agree that this Acknowledgment, Assumption, Waiver and Release encompasses any liability, claims and demands of whatever nature arising out of or relating to the actions, omissions or negligence of Zakiwear, Inc. and the Inner Space Studio and their owners and agents whether a COVID-19 infection occurs before, during or after my attendance at the Inner Space Studio or participation in any Inner Space event.

I understand that by signing this Acknowledgment, Assumption, Waiver and Release, I am obligated to hold harmless Zakiwear, Inc. and the Inner Space Studio and their owners and agents and that this is an acknowledgment, assumption, waiver and release of liability, having had the opportunity to ask questions about the same.

This Acknowledgment, Assumption, Waiver and Release is governed by the laws of the State of New York.

I have carefully read and fully understand this Acknowledgment, Assumption, Waiver and Release and voluntarily agree to its terms.