Breathwork Detox Inc. WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Breathwork Event (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Kurtis Lee Thomas, located at 825 Wilshire Blvd, Santa Monica, California 90401, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, partners, predecessors, successors and assigns, and the venue where this event is taking place, including the venue owners, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Kurtis Lee Thomas and ALL affiliates against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Kurtis Lee Thomas incurs any of these types of expenses, I agree to reimburse Kurtis Lee Thomas.
I acknowledge that Kurtis Lee Thomas and their directors, officers, event partners, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Kurtis Lee Thomas.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Kurtis Lee Thomas AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, PARTNERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Kurtis Lee Thomas FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Kurtis Lee Thomas, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
When purchasing this ticket you enter into this agreement and consent for Kurtis Lee Thomas to use my pictures and/or videos for advertising and marketing purposes. I understand that this content will be public and posted/shared on social media sites.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Kurtis Lee Thomas agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Contraindications for Breathwork
Like most types of therapy, Breathwork isn’t appropriate for everyone. It is also important to note that a contraindication for some types of Breathwork may not be one for another. For example, types of breathwork that use rapid breathing may be very risky for someone with certain health conditions, such as a high blood pressure, cardiovascular issues, a recent surgery, or osteoporosis. However, a type of Breathwork that utilizes a more gentle and relaxed form of breathing may be perfectly safe, and even beneficial. It’s recommended that you consult with your healthcare provider (including any mental health provider) and consult with the Breathwork practitioner before participating in any form of Breathwork.
Following is a list of some of the most common contraindications for Breathwork:
High or abnormal blood pressure
History of aneurisms
Epilepsy or history of seizures
Anyone on heavy medication
Severe psychiatric symptoms, particularly psychosis or paranoia
An active addiction
Any person with mental illness who isn’t in treatment or lacks adequate support
Breathwork can result in intense physical and emotional release. Therefore, it is not advised for person’s with a history of cardiovascular disease, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, any specific recent physical injuries or surgeries. Breathwork is not advised for persons with severe mental illness or seizure disorders or for person’s using major medications. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing breathwork without first consulting and getting approval from their primary care physician and the Breathwork facilitator before their first session.
COVID-19 RELEASE: This clause applies to live in-person events only, or when you choose to breathe with other people in one room.
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which Breathwork Detox Inc (the "Organization") adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
I am aware of the existence of the risk on my physical appearance to the venue and my participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
I have not experienced symptoms that of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
I have not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days.
I did not, nor any member of my household, visit any any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days .
I have not been, nor any member(s) of my household, diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:
I am fully and personally responsible for my own safety and actions while and during may participation and I recognize that I may be in any case be at risk of contracting COVID-19.
With full knowledge of the risks involved, I hereby release, waive, discharge the Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
I agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely entering into this agreement by purchasing this ticket and/or attending this event. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to of my own free will. By purchasing this ticket and/or participating in this event I acknowledge that I have been sufficiently informed of the risks involved and give my voluntary consent in in total agreement to this release of liability as my own free act and deed; that I give my voluntary consent in agreement to this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation simply by purchasing this ticket and/or attending this event.