LIABILITY
As the client, and in consideration for my participation in breathwork sessions with a Break Thru Fitness (BTF) Facilitator, I agree that my participation is entirely voluntary and that I assume any risk associated with participation. Any actions or lack of actions, taken by me, the client, 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 breathwork, is neither the responsibility nor liability of BTF or trained Facilitator.
My signature below acknowledges that the trained Facilitator is an independent contractor of Pause BreathWork (PBW), and PBW has no control over and assumes no responsibility for the acts or omissions of trained Facilitator.
I understand that during the session I may be photographed or videotaped for promotional purposes. I understand this will only happen with my knowledge and that by staying for the session and signing this form, I give my full consent. BTF promises to take utmost care of any footage of me and will pledge that this footage will only be used for advertising purposes of BTF and not distributed in any way beyond advertising for BTF and it's subsidiaries - Break Thru Wellness and Exhale, within the boundaries of the law that applies to this agreement. My signature confirms I agree to these terms and is my consent for my image to be used in promoting BTF.
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 acknowledge the facilitator is not a therapist of any kind and any advice or counsel I feel I have received from the facilitator is followed at my own risk. 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 healthcare provider prior to participating in breathwork..
In the event that I am injured physically, emotionally, mentally, spiritually, or in any other way, I agree to assume any financial obligation, either through my personal health insurance or through some other means, for any medical costs I incur. BTF and Facilitator assume 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 the breathwork session.
IN CONSIDERATION OF MY PARTICIPATION IN BREATHWORK, I HEREBY GENERALLY RELEASE, AND PROMISE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BTF AND Facilitator, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (THE “RELEASE PARTIES”), FROM ANY LIABILITY WHATSOEVER. I will reimburse BTF and Facilitator for any damages, reasonable settlements and defense costs, including attorney’s 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 Colorado 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 by signing, I agree to the terms and conditions stated above and voluntarily participate in the program.