PARTICIPATION AGREEMENT, RELEASE, AND COPYRIGHT NOTICE

Restorative Breathwork Facilitator Training

Upon enrolling into the Barratt Breathworks Ltd. d/b/a Barratt Breath Institute's Restorative Breathwork Facilitator Certificate Training (this “Program”), I, on behalf of myself and my beneficiaries, successors, and assigns, acknowledge, understand and agree to the following:

1. Practice of Restorative Breathwork.  Restorative Breathwork is a unique fusion of contemplative practices comprised of breathwork, yoga, meditation and Eastern meditative techniques.  I understand that the Program is based on the belief that Restorative Breathwork promotes physical, emotional and spiritual well-being.  The Program is 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 teaching of Restorative Breathwork is at my sole risk.

2. Use of Materials.  I understand that all written material is copyright and proprietary information of Barratt Breath Institute and may not be used, distributed, 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.

3. Code of Conduct.  I will comply with Barratt Breath Institute’s Program Code of Conduct which is set forth in the Program materials.  I understand that if I do not successfully attend the Program, fail to pay any amounts regarding the Program when due, behave in an improper or unprofessional manner, or fail to comply with the Code of Conduct, the terms hereof, or any other rule or policy of Barratt Breath Institute all as determined in the Program instructor’s sole discretion, I may be dismissed from the Program and may receive a full or partial refund in the instructor’s sole discretion.

4. Payments.  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 14 days following the release of Module 1. After day 14 of Module 1 release, all payments are non-refundable.

5. Assumption of Risk, Release and Indemnification.  I acknowledge that I am fully aware of the potential risks (such as triggering of pre-existing symptomatic conditions or other physical injuries) that are inherent in participating in breathwork, yoga, and Eastern meditative techniques. I acknowledge that I am in good health and able to participate in breathwork, yoga, and Eastern meditative techniques as may be used in the Program. 

As such, and 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 meditative techniques, whether during or after completion of the Program. 

I furthermore forever WAIVE, release and discharge Barratt BREATH INSTITUTE and its officers, directors, shareholders, employees, certified teachers and agents (Collectively the “Released Parties”), 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 meditative techniques after the Program, whether for personal reasons or as a Restorative Breathwork Facilitator.  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.

I further understand and acknowledge that this is an unconditional unqualified waiver and release and includes all claims of every kind, character or nature which I could, may or might assert, in any and all capacities, against any Released Party in connection with my attendance and/or participation at the Program. 

6. Audio/Video Release. I understand and acknowledge that Barratt Breath Institute or its agent, in connection with the Program, may fix in a tangible (non-audio, non-video) medium all or part of the Program and, in connection therewith, may incorporate my written quotations from me for its own business purposes, including in advertisements, promotional materials, newsletters, magazines, journals and other publications, posters and prints, 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 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.

7. 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.

8. 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.

9. 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.