This Group Breathwork Agreement (“Agreement”) is entered into by and between:
KateLyn Costa, LLC
11 Christie Way
Westbrook, ME 04092
207-500-1811
(“Breathwork Guide”)
and
A party responsible for the group, and agreeing to the terms of this Group Breathwork Agreement.
(“Party”)
Breathwork Guide and Party are collectively referred to as the “Parties.”
1. PURPOSE
- Breathwork Guide will provide and participant will pay for Group Breathwork services to participant and a group of other participants in accordance with the terms and conditions of this Agreement.
2. CONTRACT DATE
- This Agreement is dated as of the date of enrollment into this group event (signing this agreement by Breathwork Guide) (“Effective Date”).
3. THE GROUP BREATHWORK RELATIONSHIP
- Participant agrees to fully participate in Group Breathwork and follow Breathwork Guide’s instructions to his or her best ability. Participant agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
- Participant acknowledges that participant is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on Breathwork sessions, and interactions with Breathwork Guide. Participant agrees that Breathwork Guide is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by Breathwork Guide. Participant understands Breathwork is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Participant acknowledges that Breathwork and coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that Breathwork and coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the participant’s exclusive responsibility to seek such independent professional guidance as needed. If participant is currently under the care of a mental health professional, participant should promptly inform the mental health care provider of the nature and extent of the Breathwork relationship agreed upon by the participant and Breathwork Guide.
4. GROUP BREATHWORK
- Participant acknowledges that the Group Breathwork provided under this Agreement will be provided in a group setting. Unless the participant purchases additional individual Breathwork and coaching sessions or otherwise provided in this Agreement, participant will not have one-on-one access to Breathwork Guide or private Breathwork sessions unless scheduled separately.
- Participant agrees to maintain the confidentiality of all other Group Breathwork and coaching participants.
- Participant agrees to behave respectfully to all other group Breathwork participants. Participant acknowledges that successful Group Breathwork requires an environment of trust and mutual respect. If participant cannot respect other participants in Group Breathwork, the Breathwork Guide reserves the right to remove participant from group and is not entitled to any refund.
- For the benefit of all participants and to help Breathwork Guide improve, some Group Breathwork may be recorded, and the recording will be made available to all participants. Breathwork Guide will inform all participants before recording takes place and store the recordings securely and will not publish any recording unless all participants agree, but Breathwork Guide cannot guarantee the security of any recordings. Participant consents to such recording and uses of the recordings and acknowledges the risks of electronically storing and sharing such files.
5. BREATHWORK SERVICES
- Breathwork Guide agrees to provide Group Breathwork to participant, subject to the terms and conditions of this Agreement. Breathwork Guide agrees to devote as much time, attention, and energy as necessary to achieve the following (collectively, “Group Breathwork ”):
- Breathwork Guide will provide Group Breathwork for event paid for by participant.
- Breathwork Guide has full discretion in Group Breathwork but shall not engage in any services which are not expressly set forth in this Agreement without the prior written permission from participant.
- Breathwork Guide may, upon participant’s request and at Breathwork Guide’s sole discretion, provide the following additional services (“Additional Services”):
- Additional virtual Breathwork sessions over Zoom or in person on an as-needed basis are available for an additional fee.
6. SCHEDULING & CANCELLATION POLICY
- Group Breathwork sessions will take place according to the following schedule:
- All sessions will be scheduled by Breathwork Guide and Breathwork Guide will show up and guide sessions on said date.
- Participant acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Breathwork Guide reserves the right to cancel any Group Breathwork session by notifying the participant at least 24 hours prior to the scheduled session. Breathwork Guide agrees to reschedule the canceled session within 30 days of the originally scheduled session. If Breathwork Guide is unable to reschedule the canceled session within 30 days of the originally scheduled session, participant will be entitled to a refund of that session’s fee.
- Due to the nature of group Breathwork, it is not feasible to reschedule every session that one participant cannot attend. If participant cannot attend any session, the session will continue as planned.
- Participant agrees to inform Breathwork Guide 72 hours’ in advance of any session he or she cannot attend. Participant shall not be entitled to a refund of any fees paid for any session participant fails to attend.
7. COMPENSATION
- Participant shall pay to Breathwork Guide a total amount of current Group Breathwork and coaching price (“contract price”) to be paid in full upon sign up. Participant will not be eligible to participate in Breathwork and coaching sessions until the contract price is paid in full.
- In the event participant requests and Breathwork Guide provides any of the Additional Services, participant shall pay Breathwork Guide the following additional amount(s):
- An amount equal to current session rate for each additional 60 minute session or 90 minute session.
- Breathwork Guide acknowledges and agrees that payment as provided in this Section shall constitute full and final compensation for all Services and rights granted under this Agreement.
8. PARTICIPANT RESPONSIBILITIES
- Participant acknowledges that such information is vital to Breathwork Guide’s ability to provide helpful and high-quality Breathwork and coaching services. Participant must fully participate in Group Breathwork, including providing requested information in a timely manner, to receive the full benefit of the Group Breathwork session.
9. TERM
- The term of this Agreement shall begin on the Effective Date and shall continue until Breathwork Guide completes performance of the Group Breathwork Session(s).
10. TERMINATION
- All payments under this Agreement are non-refundable. Participant shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves a spot in Group Breathwork, reserves Breathwork Guide’s time, and prevents someone else from joining the program; as such, all funds paid shall be considered compensation for services rendered are not refundable.
- Force Majeure. Breathwork Guide shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, act of government, epidemic or pandemic, or labor disputes.
11. CONFIDENTIALITY
- The Group Breathwork relationship and any information that the participant shares with Breathwork Guide as part of this relationship is considered confidential (“Confidential Information”). Breathwork Guide agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of the participant, as necessary to perform Group Breathwork, without participant’s written consent. Breathwork Guide will not disclose participant’s name as a reference without participant’s written consent. Breathwork Guide shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Breathwork Guide will use reasonable care in handling participant’s Confidential Information so that it does not enter the public domain. Breathwork Guide will return all Confidential Information to participant upon termination of this Agreement.
- Participant acknowledges that any information shared in the group Breathwork and coaching setting will be shared with the other members of the group. Participant agrees to maintain the confidentiality of each member of the group unless the exceptions listed in 11.4 apply.
- Participant acknowledges that Breathwork Guide-participant relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Breathwork Guide and participant or between participant and other Group Breathwork participants are not subject to the protection of any legally recognized privilege.
- Breathwork Guide may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Breathwork Guide; (ii) participant grants permission for such disclosure in writing; (iii) Breathwork Guide obtains the information from a third party, without breach of any obligation to the participant; (iv) disclosure is required by any court or government agency; (v) Breathwork Guide reasonably believes that there is an imminent or likely risk of danger or harm to the participant or others; or (vi) it involves illegal activity.
- In receiving Group Breathwork, participant will have the benefit of proprietary systems, strategies and techniques developed by Breathwork Guide (“Breathwork Guide’s Proprietary Information”). Participant acknowledges that Breathwork Guide’s business relies on Breathwork Guide’s ability to provide such insights to various participants. Participant agrees not to disclose Breathwork Guide’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
12. INDEMNIFICATION
- Participant, at participant’s expense, shall release, indemnify and hold Breathwork Guide and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Breathwork Guide in providing Group Breathwork and/or arising out of the Breathwork and coaching, including harm cause by or relating to actions or inaction of other members of Group Breathwork, unless due to negligence of Breathwork Guide.
13. PUBLICITY
- Participant agrees that Breathwork Guide may use the participant’s name, logo, and/or image (but not contact information or personal information) in Breathwork Guide’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the participant and the Breathwork and coaching. Participant releases Breathwork Guide from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of participant’s name, logo, and/or image as permitted in this section. Nothing in this section releases Breathwork Guide from the confidentiality requirements of this Agreement.
14. LIMITATIONS OF LIABILITY
- Except as expressly provided in this Agreement, Breathwork Guide makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to Group Breathwork. In no event shall Breathwork Guide be liable to participant for any indirect, consequential or special damages. Breathwork Guide shall not be liable for any acts or omissions by any other participant in the group Breathwork and coaching program. Breathwork Guide’s entire liability for any breach of this Agreement, and participant’s sole remedy, shall be limited to the lesser of the total contract price or the amount actually paid by participant to Breathwork Guide under this Agreement.
- Breathwork Guide is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic Breathwork and coaching sessions, and does not guarantee that the conferencing software, or Group Breathwork sessions will be free from technical problems, available at all times, or work as expected.
- As the participant, and in consideration for my participation in Group Breathwork Session(s) with KateLyn Costa, LLC, I agree that my participation in the breathwork is entirely voluntary and that I assume any risk associated with participation. Any actions or lack of actions, taken by me, the participant, of such advice, is done so solely by choice and responsibility, and any harm, injury, or loss that may occur to me or my property as a result of my participation in Group Breathwork, is neither the responsibility nor liability of KateLyn Costa, LLC.
- I understand that breathwork is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and I will not use it in place of any form of therapy. I recognize that breathwork requires emotional, physical, and mental effort, exertion, and behavioral experimentation, on my part, which may cause physical, mental, or emotional injury. I fully acknowledge and take full responsibility for all the risks involved. I understand that it is my responsibility to consult with my health care provider prior to participating in the breathwork. I understand that KateLyn Costa, LLC is a coach, breathwork and meditation guide and facilitator, and only offers services as such.
- In the event that I am injured, I agree to assume any financial obligation, either through my personal health insurance or through some other means, for any medical costs I incur. The Facilitator, KateLyn Costa of KateLyn Costa, LLC, assumes no responsibility for any medical expenses, injury, or damage suffered by me in connection with the use of any facilities or services in connection with breathwork.
- IN CONSIDERATION OF MY PARTICIPATION IN THE breathwork, I HEREBY GENERALLY RELEASE, AND PROMISE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS KateLyn Costa, LLC, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (The“RELEASE PARTIES”), FROM ANY LIABILITY WHATSOEVER. I will reimburse KateLyn Costa, LLC for any damages, reasonable settlements, and defense costs, including attorneys fees, that they incur because of any such claims made against them. I agree that the terms of this agreement, including the indemnification obligations in this paragraph, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that applicable law does not permit to be excluded by agreement.
- I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
- I understand that this is a contract that affects my legal rights, and I have read and understood this form and all its contents, and I voluntarily agree to the terms and conditions stated above.
- Do not do breathwork if it is not safe. If you have a medical condition that prohibits you from participating, while driving, while operating machinery, while in water, or in any environment/situation/setting that needs your attention and awareness whether listed here or not.
- The following is a list of concerns and conditions (some but not limited to this list) that one must seek a doctors approval before participating in breathwork: Cardiovascular disease, epilepsy, seizures, angina, heart attack, high blood pressure, recent injury or surgery, retinal detachment, osteoporosis, glaucoma, or any condition in which you take regular medications.
- If you have any of these serious health conditions or one not listed, or are pregnant, you agree to consult a medical professional before doing a Breathwork session or proceed at your own risk.
- By participating in Breathwork you are aware that you may experience temperature
- changes, tingling sensations, ringing in the ears, numbness, or dizziness. You may also feel a range of emotions, from sadness to joy. You may experience these or other physical sensations and emotions, and agree to stop Breathwork if they feel harmful or painful.
15. DISPUTE RESOLUTION
- In the event of a dispute arising out of or relating to this Agreement that cannot be settled by reasonable negotiation, Breathwork Guide and participant agree to make a good faith effort to resolve the dispute through non-binding mediation before filing a civil cause of action. The party bringing the complaint is solely responsible for the cost of mediation proceedings. participant agrees that participant’s good faith participation in mediation is a condition precedent to filing any civil cause of action. The prevailing party in any arbitration or civil case filed after the conclusion of mediation shall be entitled to recover the costs of such action, including reasonable attorney’s fees.
16. MISCELLANEOUS TERMS
- Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
- Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
- Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Maine, without giving effect to its principles of conflicts of law.
- Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
- Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
- Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
- Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
- Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
- No Insurance. As Breathwork Guide is an independent Contractor, participant will not be required to provide Breathwork Guide with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by the Company.
CONTACT
If you have any questions about any of these Terms, please contact us at joyful@breathewithkatelyn.com
