This agreement (“Agreement”), is entered by and between [YOUR NAME] (“Client”) and The Breath Nurse (“Company”), (with each party hereinafter being called individually a “Party” and jointly called the “Parties”).
In consideration of being permitted to participate in any way in Breathwork, as well as any related events or activities (hereinafter collectively “the Activities”) with Company, Client and all of its participants, hereby acknowledges, understands and expressly agrees to the following:
Client, and all of its participants, warrants it does not have, or have had in the past, any of the following conditions: cardiovascular disease, heart attack, high blood pressure, angina, glaucoma, retinal detachment, osteoporosis, stroke, recent physical injuries or surgeries, severe mental illness, seizure disorders, aneurysms, current pregnancy, or recent postpartum. If any Client or any participants do have any of the preceding conditions, they warrant that their primary care physician has released them to participate in breathwork.
Client, and all of its participants, understands that there exists a risk of physical, mental, psychological or emotional injury, or although very rare, death, from the Activities, and although compliance with the guidance of Company may reduce this risk, the risk of such injury nevertheless does exist.
Client, and all of its participants, fully acknowledges that they are voluntarily participating in the Activities with knowledge of the danger involved, and knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of Company or others.
Client, and all of its participants, agrees to comply with the stated and customary guidance and norms of participation in the Activities. If, however, it observes any unusual hazard during its presence or participation, it will immediately remove itself from participation in the Activities and bring such to the attention of the nearest official forthwith.
Client, and all of its participants, understands and acknowledges that Company is not acting in the capacity of 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.
Client, and all of its participants, represents and certifies that it is in good health physically, mentally, psychologically and emotionally, and fully understands and acknowledges that if it were not in such good health, it would not be permitted to partake in the Activities. As such, its representation and certification that it is in good health in each of the above-enumerated ways constitutes a material term upon which Company is relying in permitting Client, and all of its participants, to partake in the Activities.
Client, and all of its participants, on behalf of its employees, heirs, agents, representatives, parents, subsidiaries, predecessors, successors, assigns and any person or entity that it controls, forever releases, indemnifies and discharges Company and their employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives, with respect to any and all claims Client and its employees, heirs, agents, representatives, parents, subsidiaries, predecessors, successors, assigns and any person or entity that it controls, may now have or may have in the future resulting from 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 Company to the fullest extent permitted by law.
Although this Agreement fully and completely releases Company 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, Client, and all of its participants, further acknowledges and agrees that to the extent that Client, and all of its participants, violates the plain terms of this Agreement by filing a claim, suit or other action against Company, 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 North Carolina law.
By signing this agreement, Client, and all of its participants, acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Client, and all of its participants, or its child(ren) may be exposed to or infected by COVID-19 by participating in breathwork with Company and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Client, and all of its participants, understands that the risk of becoming exposed to or infected by COVID-19 during the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, agents, independent contractors, affiliates, successors and assigns.
Recordings/Videos/Photos: On occasion, Company may document group programs, sessions, or events using recording, videography, or photography. Client, and all of its participants, agrees that Company may record/videograph/photograph group programs/sessions/events and use such recordings/videos/photographs for advertising, marketing, and promotion purposes. By agreeing to this waiver, Client, and all of its participants, give consent to the use of photos and/or videos by Company that may include them and releases and waives any rights to compensation or legal action regarding the use of their images.
If you have any sensitivities regarding this due to recognition, publicity, or any other reason, please contact Company at hello@thebreathnurse.com prior to the event and we will make efforts to accommodate your needs. Please also inform Company on arrival to assist you accordingly.
If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
By checking the box, you are acknowledging that you completely understand the information contained in this Breathwork Release of Liability, Waiver, and Assumption of Risk Agreement.
