Liability Waiver

The Breathing Festival, LLC and the International Center of Breathwork, LLC

Release, Waiver, Indemnity of Liability

This Participant Contract and Release, Waiver and Indemnity of Liability Agreement (hereinafter “Agreement”) is entered into by me (“Participant”) and The Breathing Festival LLC (“Organizer”).  In consideration of being permitted to participate in the activities presented by The Breathing Festival (“TBF”), the Parties hereby agree as follows:

This Agreement is made and entered into under the laws of the State of Delaware and the United States and shall be interpreted, governed and enforced under and pursuant to these laws.  The term of this Agreement is for periodic sessions over the next twelve months.

Participant agrees that should an action be brought against Organizer and/or any Breathwork Facilitator or Apprentice working at The Breathing Festival for any reason whether to enforce the terms of this agreement or on some other basis, that all disputes between Participant and Organizer will be litigated in Delaware and Participant waives any rights he/she may have in litigating in any other jurisdiction.

Participant certifies that he/she is at least 18 years of age.

Medical Conditions

Participant certifies that he/she is not pregnant and does not have epilepsy, a detached retina, glaucoma, uncontrolled high blood pressure, cardiovascular disease and/or irregularities including but not limited to prior heart attack or heart arrhythmia; prior diagnosis by a Medical Professional of bipolar disorder or schizophrenia; strokes, TIAs, seizures or other brain/neurological condition or disease; family history of aneurysms; use of prescription blood thinners such as Coumadin; hospitalization for any psychiatric condition or emotional crisis within the last fifteen years; osteoporosis that is serious enough whereby intense movement could cause physical injury; recent physical injuries that are not fully healed and could be re-injured through intense movement; or any other medical or physical conditions which would impair or affect his/her ability to engage in any activities that involve physical and/or emotional release or which would cause any risk of harm to Participant, other participants and/or any participating Breathwork Facilitators and/or Apprentices or otherwise endanger Participant’s health while participating in a session organized by  The Breathing Festival LLC.  If you have been diagnosed with PTSD and are currently in therapy, it is required that you get the approval of your therapist before participating.  Also, if you have asthma, please make sure to have your inhaler next to you when you breathe in case you need it.  If you have any doubt about whether you should participate, consult your physician or therapist as well as a Facilitator before attending. Participant also certifies that if he/she has asthma that he/she has brought and will have access to his/her inhaler during any sessions that Participant chooses to participate in.

Physical, Mental and Emotional Effects

Participant is aware that certain activities he/she may engage in during The Breathing Festival (the “Program”) are physically, emotionally and/or mentally stressful.  Among other processes, it may include breathing that is faster and deeper than normal over a prolonged period which can cause dizziness, palpitations, tingling/numbness of the extremities, carpopedal spasms (involuntary contractions of the muscles of the hands  and feet), ringing/roaring in the ears, clouded/distorted vision, perceptual distortions, and feelings of lightness, astonishment and/or euphoria. Physical Activities can include violent twisting and turning while prostate or sitting and other exertions not normally engaged in by Participant. Loud music is also used with the described activities.

Personal Responsibility

Participant agrees to comply with the stated and customary guidance and norms of participation in The Breathing Festival sessions. If, however, Participant observes any unusual hazard during his/her participation including but not limited to any physical symptoms that Participant feels could be a danger to his/her physical well-being, participant will immediately remove himself/herself from participation in the session and bring such to the attention of the Organizer or a Facilitator forthwith.

Participant acknowledges that he/she has been advised (a) concerning the types of activities which will be engaged in during the  Program, and understands the risks and difficulties that may arise during the  Program; and (b) that if Participant feels too uncomfortable to continue at any point during the breathwork, he/she is to stop immediately and check in with Organizer before continuing.  Participant understands that he/she may decline to do any of the activities.  Participant understands that by executing this release and engaging in the Program, he/she is assuming those risks which are inherent to the activities involved.  Participant further understands that these activities are best done in presence of or in conjunction with the Organizer, for best results.

Participant understands and agrees that, if this is an in-person TBF Program, Organizer is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

Medical Responsibility

Participant understands that a breathwork practices are intended as a personal growth experiences and should not be used as a substitute for psychotherapy.

Participant knows, understands and acknowledges that Organizer and/or Breathwork Facilitators and/or Apprentices are NOT physicians, psychologists, or healthcare professionals, and that breathwork is 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.

Participant acknowledges, understands, and agrees that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future The Breathing Festival Programs, both in-person and online, in which participant partakes with Organizer thus obviating the need for me to sign this Agreement each and every time I partake in any activities or events offered by The Breathing Festival.   Participant further agrees to bring any changes in their Medical condition to Organizer’s attention before participating in any TBF event.

Participant understands that contra-indications may exist for the anticipated activities if Participant is or has been suffering medical or psychological / psychiatric conditions requiring professional care; and that the activities described can also trigger suppressed traumas.

Participant agrees to assume full responsibility for his/her own physical, emotional and mental health and hold harmless Organizer, and/or any Breathwork Facilitators and Apprentices working with organizer at the Program from any physical, emotional and/or mental damage that may be attributed to it. Participant further holds harmless organizer from any and all loss, liability, injury, damage or cost which may arise out of or in connection with participation in the Program.

Confidentiality

Participant agrees to keep confidential any comments, shares or experiences by other participants.

Participant understands and agrees that he/she is attending and participating in the Program at the discretion of Organizer, which attendance and/or participation can be terminated at any time without being informed of the reason therefor.  Participant agrees not to record – audio or video – any of these sessions or any persons participating therein.  Still photographs will not be taken of any person except with the advance consent of the person being photographed.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

I have read this agreement and understand it contains release of all claims language for injuries and damages and I have either consulted an attorney or, at my sole discretion, elected not to do so. I voluntarily sign my name evidencing acceptance of the provisions of this agreement. If English is not my native language I have either studied enough English to be able to read and understand this agreement, or I have had this agreement explained to me in my native language.

Contact Us

The Breathing Festival, LLC

16192 Coastal Highway

Lewes, DE 19958-9776

Email Address: hello @ thebreathingfestival.com

Effective as of November 29, 2020