ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and BREATHWORX (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the BREATHWORX https://www.breathworx.com/, including any content, functionality and services offered on or through the BREATHWORX APP or https://www.breathworx.com/ (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT

In consideration of being permitted to participate in any way with BREATHWORX, as well as any related events or activities with BREATHWORX, (hereinafter collectively “the Activities”) I, the undersigned, hereby acknowledge, understand and expressly agree as to the following:

Breathwork may lead to profound physical and emotional experiences. Consequently, it is recommended that individuals with a background of heart conditions, such as heart attacks or angina, elevated blood pressure, glaucoma, retinal detachment, osteoporosis, or those who have sustained significant injuries or undergone recent surgery, refrain from participating in these practices.

Individuals with significant mental health conditions, those who experience seizures, or those on major medications should refrain from engaging in breathwork. Additionally, it is not recommended for individuals with a personal or family history of aneurysms. Pregnant individuals should seek advice and obtain consent from their primary healthcare provider before participating in breathwork practices. Those with asthma are encouraged to bring their inhaler and discuss participation with both their doctor and the breathwork session leader.

This work is deeply experiential. It may involve intense and energetic emotional release. BREATHWORX does not substitute for psychotherapy, but it can significantly deepen and enhance psychotherapy and other healing and personal growth efforts.

1. Comprehensive Release and Indemnification: On behalf of myself, my spouse, my minor children, wards, relatives or other persons under my care, my parents, next of kin, my heirs, assigns, agents, personal representatives and estate (hereinafter collectively “RELEASING PARTIES”), I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BREATHWORX and its employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives (hereafter collectively “BREATHWORX RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, whether physical, mental, psychological or emotional, or ANY LOSS or DAMAGE to PERSON or PROPERTY, of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF BREATHWORX RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
2. Defense and Indemnification Obligations: To the fullest extent allowed by law, I agree to defend, indemnify, and hold harmless BREATHWORX RELEASEES for all costs and expenses, including but not limited to all legal fees incurred by BREATHWORX RELEASEES in defending any claim brought against any or all of BREATHWORX RELEASEES by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against any of BREATHWORX RELEASEES and/or in favor of any or all of the RELEASING PARTIES.
3. Acknowledgment of Risks: I understand that there exists a risk of physical, mental, psychological or emotional injury or death from the Activities, and although personal discipline or compliance with the guidance of BREATHWORX RELEASEES may reduce this risk, the risk of such injury nevertheless does exist.
4. Hazard Awareness and Risk Assumption: I am fully aware that the Activities could be hazardous resulting in injury or death. I fully acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
5. Compliance and Hazard Reporting: I agree to comply with the stated and customary guidance and norms of participation in the Activities. If, however, I observe any unusual hazard during my presence or participation, I will immediately remove myself from participation in the Activities and bring such to the attention of the nearest official forthwith.
6. Non-Healthcare Professional Disclaimer: I know, understand and acknowledge that BREATHWORX RELEASEES are NOT physicians, psychologists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does NOT include treatment for or diagnosis of, any illnesses, disease or disorders, whether physical, mental, psychological or emotional.
7. Health Certification: I promise, represent and certify that I am in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if I were not in such good health, I would not be permitted to partake in the Activities. As such, my promise, representation, and certification that I am in good health in each of the above-enumerated ways constitutes a material term upon which BREATHWORX RELEASEES are relying in permitting me to partake in the Activities.
8. Pregnancy Advisory: If I am pregnant or become pregnant or am post-natal, I will not participate in the Activities without first discussing the risks with my doctor, and I will only participate in the Activities if I have my doctor’s full approval. I will not hold the RELEASED PARTIES responsible for any injuries to my pregnancy caused in part or in whole by my failure to follow my doctor’s recommendation.
9. Waiver and Release for All Claims: I hereby forever unconditionally and irrevocably waive and release any and all claims I now have or may in the future have against BREATHWORX RELEASEES with respect to any injury, loss or damage I suffer as a result of participating in the Activities or any of the future Activities in which I may participate. I understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter “Agreement”) extends to and includes any and all damages, injuries, and claims which I do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and I hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.
10. Assumption of Risk and Participation Agreement: After being fully informed of the above, I, on my own behalf, and, to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks inherent to and existing in connection with the Activities; and I voluntarily elect to participate in the Activities.
11. Mandatory Arbitration Agreement: Although this Agreement fully and completely releases BREATHWORX RELEASEES from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Activities at issue, I further acknowledge and agree that to the extent that I violate the plain terms of this Agreement by filing a claim, suit or other action against any of the BREATHWORX RELEASES, any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association, as governed by the Commercial Rules of Arbitration, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
12. Continuity of Agreement: I acknowledge, understand, and agree that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future Activities in which I partake with BREATHWORX or any of the other BREATHWORX RELEASES, thus obviating the need for me to sign this Agreement each and every time I partake in the Activities.
13. Personal Property Disclaimer: I understand and agree that BREATHWORX RELEASEES are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises of an in person class or offering.
14. Severability Clause: To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect.
15. Informed Consent and Legal Consultation: I have read this release of liability and assumption of risk agreement, fully understand its terms and I have either consulted an attorney or, at my sole discretion, elected not to do so.
16. Consideration for Participation: I understand that I am providing this release as consideration, in part, for participation in the Activities. As such, I understand that if I wish to alter or negotiate the terms of this Agreement, I may do so by speaking with one of BREATHWORX RELEASEES.
17. Acknowledgment of Terms and Voluntary Usage: By accepting these terms, I understand that I have given up substantial rights. I acknowledge this release of liability and assumption of risk agreement willingly and recognize that my use of the BREATHWORX constitutes my agreement to its terms.

By agreeing to these terms, I acknowledge that if anyone is injured or killed, or if property is damaged, during my participation in the activities, I will be found by a court of law to have waived all right to maintain suit against any of BREATHWORX RELEASEES and/or that I will be found to be fully responsible for all attorney fees and all other costs incurred by BREATHWORX RELEASEES and/or that I will be found personally liable for any judgment, award or verdict entered against any of BREATHWORX RELEASEES.

I understand that there exist known and unknown dangers of serious injury and death associated with the activities, some of which are referenced above, I nevertheless choose to participate in the activities.

BY USING BREATHWORX YOU ARE INDICATING THAT YOU UNDERSTAND THE INFORMATION CONTAINED ABOVE AND AGREE WITH IT.

FREE TRIAL POLICY

This Free Trial Policy governs the terms under which purchasers of a subscription (“Subscribers”) may utilize the free trial offered by BREATHWORX. BREATHWORX is committed to providing Subscribers the opportunity to experience its services before committing to a paid subscription.

Eligibility for Free Trial: The free trial is available exclusively to new Subscribers who have not previously subscribed to BREATHWORX services. This policy applies only to first-time subscriptions and cannot be combined with any other promotional offers. The free trial is limited to one per individual or household.

Duration of Free Trial:

• Monthly Subscription: Subscribers opting for a monthly subscription are eligible for a seven (7) day free trial period.

• Annual Subscription: Subscribers opting for an annual subscription are eligible for a fourteen (14) day free trial period.

The free trial period commences immediately upon account activation and provision of valid payment information.

Conversion to Paid Subscription: Unless canceled before the end of the free trial period, the subscription will automatically convert to a paid subscription. By providing payment details, Subscribers authorize BREATHWORX to charge the applicable subscription fees at the end of the free trial period.

Cancellation: Subscribers may cancel their subscription at any time during the free trial period without incurring any charges. To initiate a cancellation, Subscribers can do so directly through their account settings on the BREATHWORX platform.

Limitation: Free trial offers are subject to change and may be modified or terminated by BREATHWORX at any time without prior notice. Free trials cannot be extended or renewed.

Modification of Terms & Other Changes: BREATHWORX reserves the right, at its sole discretion, to modify or replace any part of these terms at any time without prior notice. By continuing to use the product after any changes are made, you agree to be bound by the revised terms. It is your responsibility to check these terms periodically for changes.

Furthermore, BREATHWORX may update, change, suspend, or discontinue any aspect of the site, including the availability of any site features, at any time. BREATHWORX may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability. By using this product, you agree to be bound by such modifications or revisions and acknowledge BREATHWORX’s right to make these changes.