Participation Waiver & Liability Release

Terms and Conditions – Breathwork

 

Overview

Breathwork (“the Activity”) is a system of guided actions which can result in intense physical

and emotional release. Breathwork is a transformational process that combines an ancient two-step breathing technique with contemporary, upbeat, positive music to create an incredible physical and spiritual experience. It is a simple, safe, and extremely effective process for experiencing breakthroughs and optimal wellness in your life. Breathwork is an active breathing process that differs from most traditional meditation and mindfulness practices. Most people report it is unlike anything they’ve ever experienced before.

 

This work is deeply experiential and may involve intense physical, energetic, and emotional release. Therefore, persons with a history of cardiovascular disease, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries, or surgery should not participate in the Activity.

 

Breathwork is not advised for persons with severe mental illness, bipolar disorder or psychosis, seizure disorders, or for persons using major medications, or persons who are under the influence of legal or illegal drugs to the extent that their capacity is impaired. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing Breathwork without first consulting and getting approval from their primary care physician. Persons with asthma should bring their inhaler and consult with their primary care physician and the Breathwork class facilitator. Persons with infectious or communicable diseases are asked to avoid attending a live in-person Breathwork class due to the nature of group breathing. Breathwork work is not therapy and does not substitute for psychotherapy.

 

This content is accurate and true to the best of our knowledge and is not meant to substitute for formal and individualized advice from a qualified medical or therapeutic professional. We offer no professional legal, medical, psychological, or financial advice.

 

WARRANTY AND CERTIFICATION

 

PARTICIPANT CERTIFIES THAT HE/SHE IS PHYSICALLY, EMOTIONALLY, AND MEDICALLY CAPABLE OF PARTICIPATING IN THE ACTIVITY AND SPECIFICALLY ASSUMES ALL RISKS ATTENDANT TO THE ACTIVITY.

 

PARTICIPANT ACKNOWLEDGES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND PARTICIPANT IS PARTICIPATING IN THE ACTIVITY ENTIRELY AT HIS/HER OWN RISK. PARTICIPANT IS AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. PARTICIPANT UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM PARTICIPANT’S OWN OR OTHERS'

NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, PARTICIPANT ASSUMES ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO PARTICIPANT, DUE TO HIS/HER PARTICIPATION IN THIS ACTIVITY.

 

Participant acknowledges that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participant, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, facilitators, and producers of the event.

 

WAIVER & RELEASE

 

In consideration of the risk of injury while participating in the Activity, and as consideration for the right to participate in the Activity, the Participant hereby, for the Participant, his/her heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims, or causes of action of any kind whatsoever arising out of his/her participation in the Activity against Manda Kom, Amanda Kom (herein referred to as the “Company” “we,” or “us”). Participant acknowledges that he/she/they has/have read and understood this Waiver and Release, its contents and impacts and accepts these Terms and Conditions. Further, the Participant hereby releases and forever discharges the Company, and all affiliates, managers, agents, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss that the Participant may suffer as a result of participation in the aforementioned Activity, including any claims arising from Participant performing the breathing technique learned or taught in class on your own at home. Participant also waives any claims that may arise from traveling to and from an event related to this Activity. Participant accepts and agrees to this Waiver and Release willingly and freely.

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Company, and all affiliates, managers, agents, staff, facilitators, volunteers, heirs, representatives, predecessors, successors and assigns.

In the event that Participant should require medical care or treatment, Participant agrees to be

financially responsible for any costs incurred as a result of such treatment. Participant is aware and understands that Participant should carry his/her own health insurance. In the event that any damage to equipment or facilities occurs as a result of Participant’s willful actions, neglect or recklessness, Participant acknowledges and agrees to be held liable for any and all costs associated with such action.

 

PHOTO/PUBLICITY RELEASE

Any images, recordings, testimonials, endorsements, or other memorialization of the Activity shall belong to, and be copyrights of the Company. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless said authorization is revoked in a writing signed by Participant and the Company.

 

INDEMNIFICATION

Participant hereby agrees to hold harmless, and release the Company from all liability, petitions, and causes of action, all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Participant or anyone on Participant’s behalf, including attorney's fees and any related costs which Participant, his/her heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of Participant’s estate, regarding the Activity.

 

Participant agrees to defend, indemnify, and hold harmless the Company, its owners, officers,

employees, contractors, facilitators, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from Participant’s breach of these Terms and Conditions and/or misuse of the Activity. Participant shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to these Terms and Conditions. Participant recognizes and agrees that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any

actions or representations of the Company.

 

PROGRAM: PURCHASE OF SERVICES AND/OR PRODUCTS

You are purchasing access for one (1) class or workshop of Breathwork (referred to below as the “Program”) from the Company. You must be at least 18 years of age to purchase and/or participate in Breathwork. Children under the age of majority should review this Agreement with their parent or legal guardian. The Program includes live class access, virtual online access, recorded class access, other information and materials furnished by the Company (collectively, “Content”). By purchasing access to the Program, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company. In the

event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

 

INTELLECTUAL PROPERTY

You agree that the Program contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, recording via phone or screen capture, or other screen capture software, sharing, or uploading any Program Content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law. The Company provides you with the Program solely for your personal, noncommercial use, and you agree that you will not use any of the Program Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Program or the Content available in the Program in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program.

 

To be clear: please be aware that Participant may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, or the Program, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their respective rights in law and equity. THE USE OF THE COMPANY’S PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

 

Company trademarks, service marks, graphics, and logos used in connection with the Program are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

 

The Program includes access for one (1) person only. If you would like to take the Program along with anyone living in the same dwelling, a business partner or collaborator, you will need to purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take The Program, a separate purchase will need to be purchased for each participating member.

 

PRIVACY AND CONFIDENTIALITY

The Program is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 18 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using the Program.

 

We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Program Participants”).

 

By purchasing access to the Program, Participant agrees:

 

not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;

that any confidential information shared by the Program Participants or any of the Company’s

representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;

not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Program Participants during class sessions;

that all Content provided to you by the Company is the Company’s confidential and proprietary

information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;

the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and that if Participant violates, or threatens to violate, any of the provisions contained in this paragraph the Company will be entitled to, among other things, injunctive relief to prohibit such violations. While Participant is free to discuss his/her personal results from the Program, Participant must keep the experience and statements, oral or written, of all other Program Participants in the strictest of confidence.

 

THIRD-PARTY MATERIALS AND WEBSITES

The Company may provide links to third-party materials and websites as a convenience to you and other Program Participants. These third-party materials and websites are not part of the Program, and they may be either withdrawn or terminated at any time without notice to you and without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, Programs, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

 

DISCLAIMER

THE Program, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

 

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Program IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few.

 

You also understand that any testimonials or endorsements by our customers or audience represented on our Programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, Programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance.

 

GOVERNING LAW You and the Company have entered into this Agreement in the State of Washington and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Washington, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

 

LIMITATION OF LIABILITY IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE Program THE COPY CURE Program; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Program OR THE ACTIVITY THE COPY CURE Program AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE Program AND ACTIVITY, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION AND PARTICIPATION IS AT YOUR SOLE RISK.

 

NON-DISPARAGEMENT You agree that you will not engage in any conduct or communications with a third party, public or private, disparage the Company, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slanderous.

 

BINDING EFFECT Participant acknowledges that these Terms and Conditions are binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. Participant has no right to assign this Agreement, by operation of law or otherwise. Breathwork is a non-transferable Program. Participant agrees that these Terms and Conditions shall survive conclusion of the Activity and any subsequent action.

 

Participant agrees and acknowledges that Participant has read and understood these Terms and Conditions, and, notwithstanding any variance from any requirements relating to font size or capitalizations, or other statutory notice requirements agrees to be bound thereby. Participant specifically agrees to forego any contention that any portion of these Terms and Conditions are defective or unenforceable due to a technical insufficiency.

 

TERMINATION The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in Breathwork without refund; and/or (b) terminate this Agreement.

 

CHANGES The Company reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions.

 

BINDING ARBITRATION In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined

Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

 

CLASS ACTION WAIVER Participant agrees that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

EQUITABLE RELIEF Participant acknowledges and agrees that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by Participant, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms and Conditions. The Company may, without waiving any other remedies under these Terms and Conditions, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. Participant hereby irrevocably and unconditionally consents to the personal and subject matter jurisdiction of the federal and state courts in the State of Washington for purposes of any such action by the Company.

 

MERGER CLAUSE These Terms and Conditions constitute the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties or any other entities.

 

SEVERABILITY In the event that any provision contained within these Terms and Conditions shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of these Terms and Conditions to be invalid or

unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.

 

COMPLIANCE WITH LAW The parties shall comply with all applicable laws in performing these Terms and Conditions. Whenever there is any conflict between any provision of these Terms and Conditions and any applicable law, the applicable law shall prevail.

 

NO WAIVER The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

 

TITLES AND HEADINGS ARE FOR CONVENIENCE ONLY

 

Participant, affirms that he/she is of the age of 18 years or older, and that Participant is competent to agree to these Terms and Conditions. Participant certifies that he/she has read these Terms and Conditions, that Participant fully understands their content and that these Terms and Conditions cannot be modified orally.

 

By checking the box on the Request Form, I verify that I have read, understood, and agree to these terms and conditions. *