PARTICIPATION AGREEMENT, RELEASE, AND COPYRIGHT NOTICE
Restorative Breathwork Foundations & Restorative Breathwork Foundations Mentorship
In enrolling into the Barratt Breathworks, Ltd. d/b/a Barratt Breath Institute's Restorative Breathwork® Foundations Training (this program) and upon signing up for the Restorative Breathwork® Foundations Mentorship Community. I understand and agree as follows:
- Practice of Restorative Breathwork®. Restorative Breathwork is a unique fusion of contemplative practices comprised of breathwork, yoga, bioenergy and Eastern meditation techniques. I understand that Restorative Breathwork Programs are based on the belief that Restorative Breathwork promotes physical, emotional and spiritual well-being. The Restorative Breathwork Training and the Restorative Breathwork Mentoring Program are intended for healthcare professionals, yoga teachers, and other mind/body practitioners and/or individuals who have prior knowledge of practical theoretical information regarding contemplative sciences and practices. Accordingly, I understand the manner in which I may use the material learned or provided in the Program depends in part on my prior training and knowledge of contemplative sciences and practices. My practice or facilitation of Restorative Breathwork is at my sole risk.
- Use of Materials. I understand that all written material is copyright and proprietary information of Barratt Breath Institute and may not be used, distributed, modified, copied or taught without its written permission. Barratt Breath Institute may give such permission to individuals who have completed this Program and become licensees of the materials.
- Use of Restorative Breathwork Name. I understand that the name Restorative Breathwork® is trademarked and may not be used in any advertising and promotional materials, distributed, modified, without written permission from Barratt Breath Institute. Barratt Breath Institute may give such permission to individuals who have completed this Program, and have a Restorative Breathwork® Foundations Certificate of Completion. In addition, the Restorative Breathwork trademark may not be altered, deface, edited, or remove from the name Restorative Breathwork.
- Payments for Restorative Breathwork® Foundations Training. I understand that I am responsible for all fees regardless of whether I complete the Program. I further understand Barratt Breath institute will NOT provide refunds for any request that comes more than 7 days following the initial purchase. After 7 days of initial purchase, all payments are non-refundable.
- Payments for Restorative Breathwork® Foundations Mentorship. I understand my membership will continue month-to-month and automatically renew until terminated. I can cancel my membership at any time, and will continue to have access to the Mentorship Community through the end of your monthly billing period. I further understand Barratt Breath Institute will not provide refunds for any partial-month membership periods.
- Assumption of Risk, Release and Indemnification. I acknowledge and am fully aware of the potential risks (such as triggering of pre-existing symptomatic conditions or other physical injuries) inherent in participating in breathwork, yoga, and Eastern meditation techniques. I acknowledge that I am in good health and able to participate in breathwork, yoga, and Eastern meditation techniques as may be used in the Program. THEREFORE, IN CONSIDERATION OF MY ACCEPTANCE INTO THE PROGRAM, I KNOWINGLY AND VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE PROGRAM AND ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, REGARDLESS OF WHETHER SUCH RISKS ARISE FROM THE NEGLIGENCE OR FAULT OF BARRATT BREATH INSTITUTE. I FURTHER forever waive any claim, liability, damage, loss, expense or cost, including reasonable attorney fees,(Collectively, a “Claim”) for, and assume all risk arising from or related to the practice of breathwork, yoga, or Eastern meditation techniques, whether during or after completion of the Program. I furthermore release and discharge Barratt Breath Institute and its officers, directors, shareholders, employees, certified teachers and agents, and agree to defend, indemnify and hold them harmless, from and against any claim, directly or indirectly arising from or relating to my participation in the Program, or arising from or relating to my practicing breathwork, yoga, or Eastern meditation techniques after the Program FOR ANY PURPOSE. This agreement shall not be subject to any claim of mistake of fact, and regardless of the adequacy of the consideration provided, this agreement is intended to avoid future litigation and to be final and complete.
- Audio/Video Release. I understand and acknowledge that Barratt Breath Institute, or its agent, in connection with the Program, may audio or videotape or otherwise fix in a tangible medium all or part of the Program and, in connection therewith, may incorporate video, audio, and written and audio quotations from me for its own business purposes, including in advertisements, promotional materials, newsletters, magazines, journals and other publications, websites and other online usage, and other related media. I consent and agree that Barratt Breath Institute, or its agent, may display, transmit, publish, distribute or otherwise use my name, voice and quotations for the above stated purposes and that under no circumstances shall I be entitled to compensation (including royalties) of any kind for such use. I waive, release and forever discharge the Released Parties, of and from any and every Claim that I have or may have with respect to the above-described uses of my voice and quotations, including, but not limited to, any rights of privacy or rights of publicity or the right to pre-approve or inspect any such use.
- As between you and Barratt Breath Institute, all materials provided to you in connection with the Program are owned by Barratt Breath Institute. These materials are protected by copyright law and other intellectual property laws, may be used by you only for your own private non-commercial use, and may not be reproduced, distributed, transmitted, displayed, published or otherwise used, and no derivative works of such materials may be made, without the prior written consent of Barratt Breath Institute. In addition, you may not alter, deface, edit, or remove any trademark, copyright or other notice from such materials.
- If any element of this Agreement, including the release and waiver provisions, is deemed overly broad or unenforceable, then it shall be deemed to be applicable and binding only with respect to those remaining elements deemed to be reasonable. The undersigned agrees that this Agreement shall be construed and/or reformed so as to be judged reasonable and enforceable.
- I acknowledge and agree that I am 18 years old or above and have read the entire Agreement, including the release and waiver provisions, and execute it voluntarily and with full knowledge of its significance.