Breathwork Participation & Waiver of Liability Agreement

Thank you for participating in the Breathwork Meditation, which consists of a private experience, a group LIVE experience, a recorded experience, a workshop or a series of workshops conducted in person or online, whichever is applicable (the “Workshop”), conducted by Johanna Lehmann, a SOMA Awakening Breathwork Instructor (the “Teacher”) and owner of Tiger & Turtle. 

By participating in the Workshop you agree to the following terms and conditions:

1. Nature of the Workshop

• The information presented during the Workshop, including ideas, suggestions, techniques, trainings, exercises, initiations, processes, activities, energetic activations, empowerments, downloads, instructions, and other materials (collectively the “Materials”), is educational in nature and is provided only as general information and is not medical or psychological advice. 
• You understand the Workshop is experiential in nature and focuses solely on personal growth and spiritual transformation and is not to be considered treatment for any physical, emotional, or mental disorder. You agree to consult with your health care providers for any specific medical, emotional, or psychological problems or issues in advance of the Workshop. Further you agree to take full responsibility for your self-care during the Workshop and after. You have acknowledge that the Workshop is contraindicated in the case of:
  1. chronic obstructive pulmonary disease (COPD-II and COPD-III)
  2. chronic diseases with symptoms of decompensation or terminal illness
  3. individual intolerance of oxygen insufficiency
  4. acute somatic and viral diseases
  5. not recommended in serious cardiac and hypertension cases.
  6. cancer, unless IHT is prescribed by a doctor
  7. people with epilepsy, pacemakers or heart arrhythmias, unless treatment (including Intermittent Hypoxic Training) is under direct medical supervision.
• Any stories or testimonials presented before or during the Workshop do not constitute a warranty, guarantee, or prediction regarding your experience during or after the Workshop. Further, you understand that the Teacher makes no warranty, guarantee, or prediction that you will experience any particular state of awareness or consciousness during or after the Workshop, nor does it make any representation that you will experience any particular outcome on an issue. Due to the fact that the Workshop includes group processes in which you may voluntarily reveal personal information, you understand that you waive your rights of privacy and confidentiality. 
• You acknowledge and agree that anything and everything discussed with the Teacher or any Workshop participant is merely a perspective for you to consider. You further understand that your participation in the Workshop is not intended to create nor does it establish a client-practitioner relationship or any other type of therapeutic or professional relationship between you and the Teacher. 
• Please be advised that by participating in the Workshop, emotional or physical sensations may surface which could be perceived as negative side effects and possibly cause psychological and/or physical discomfort. If you experience any distressing reactions by participating in the Workshop, you agree to ask for help from the Teacher. 

1. Waiver of Liability
2. You represent that you are competent and able to understand the nature and consequences of participating in the Workshop, and that you are an adult under the laws of the State of your residence. If you are a minor, your parent or legal guardian hereby represents that you are competent and able to understand the nature and consequences of participating in the Workshop.

1. You understand that your participation in the Workshop is strictly voluntary, at your own risk, and that you freely choose to participate. Since the Workshop is experiential and the extent of the Workshop’s risks and benefits are not fully known, you agree to assume and accept full and complete responsibility for any known and unknown risks associated with your participation in the Workshop, including any physical injury, psychological or emotional effects, death, loss, or property damage.
2. Force majeure
   – Tiger & Turtle is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation.

   – Force majeure on the part of Tiger & Turtle is in any case understood to mean, but is not limited to: (i) force majeure on the part of Tiger & Turtle’s suppliers, (ii) the failure to properly fulfill obligations of suppliers imposed by the its third parties are prescribed or recommended to Tiger & Turtle, (iii) inadequacy of software or any third parties involved in the execution of the service, (iv) government measures, (v) failure of electricity, internet, data network and / or telecommunication facilities, ( vi) illness of employees of Tiger & Turtle or advisers engaged by it and (vii) other situations that, in the opinion of Tiger & Turtle, are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.

   – In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the termination of the Agreement will in that case be paid by you. Tiger & Turtle has no obligation to reimburse you for any losses caused by such a withdrawal.

3. Limitation of Liability
   – If any result that is laid down in the Agreement is not achieved, a shortcoming on the part of Tiger & Turtle will only be deemed to exist if Tiger & Turtle has explicitly promised this result when accepting the Agreement.

   – In the event of an attributable shortcoming on the part of Tiger & Turtle, Tiger & Turtle is only obliged to pay any compensation if you have given Tiger & Turtle notice of default within 14 days after discovery of the shortcoming and Tiger & Turtle subsequently does not receive this shortcoming. a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description / substantiation of the shortcoming, so that Tiger & Turtle is able to respond adequately.

   – If the provision of Services by Tiger & Turtle leads to Tiger & Turtle’s liability, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by you, indirect damage. damage or injury resulting from or in connection with the Services offered by Tiger & Turtle, unless the damage is the result of intent or intentional recklessness on the part of Tiger & Turtle. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determine the cause of damage, direct damage, liability and the manner of recovery.

   – Liability is further limited to the maximum amount paid out by its liability insurance per year per claim.

   – Tiger & Turtle explicitly excludes all liability for consequential damage. Tiger & Turtle is not liable for indirect damage, loss of profits, loss of profit and / or loss, missed savings, damage due to business interruption, loss of capital, loss due to delay, interest damage and immaterial damage.

   – You freely use the Tiger & Turtle Services. All Treatments are at your own risk. Tiger & Turtle is not liable for damage and / or physical injury occurring after a Treatment. If you withhold any relevant information about medical conditions or physical complaints and you suffer physical injury or otherwise damage as a result, this will never constitute grounds for Tiger & Turtle’s liability.

   – You indemnify Tiger & Turtle against all claims from third parties as a result of a defect as a result of a service provided by you to a third party and which also consisted of Services provided by Tiger & Turtle, unless you can demonstrate that the damage is exclusive caused by the Tiger & Turtle service.

   – Any advice provided by Tiger & Turtle, based on incomplete and / or incorrect information provided by you, is never grounds for Tiger & Turtle’s liability.

   – The content of the advice provided by Tiger & Turtle is not binding and only advisory in nature. You decide on your own responsibility whether you follow the proposals and advice of Tiger & Turtle mentioned herein. All consequences arising from following the advice are for your account and risk. You are at all times free to make your own choices that deviate from the advice provided by Tiger & Turtle. Tiger & Turtle is not bound by any form of refund if this is the case.

   – If a third party is engaged by or on behalf of the Client, Tiger & Turtle is never liable for the actions and advice of the third party engaged by you, as well as the processing of results (of advice drawn up) of the third party engaged by you in Tiger & Turtle’s own advice.

   – Tiger & Turtle does not guarantee the correct and complete transmission of the content of and e-mail sent by / on behalf of Tiger & Turtle, nor the timely receipt thereof.

   – All claims from you due to failure on the part of Tiger & Turtle will lapse if they have not been reported to Tiger & Turtle in writing and with reasons within one year after you were aware or could reasonably have been aware of the facts on which you base your claims. Tiger & Turtle’s liability expires one year after the termination of the Agreement between the parties.

4. Idemnification and Accuracy of Information
   – You are responsible for the correctness, reliability and completeness of all data, information, documents and / or records, in whatever form that it provides to Tiger & Turtle in the context of an Agreement, as well as for the data that you from have obtained third parties and which have been provided to Tiger & Turtle for the implementation of the Service.

   – You indemnify Tiger & Turtle against any liability arising from failure or late fulfillment of the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and / or records.

   – You indemnify Tiger & Turtle against all your claims and from third parties engaged by you or working under you, as well as from your customers, based on not obtaining any subsidies and / or permissions required in the context of the implementation of the agreement.

   – You indemnify Tiger & Turtle against all claims from third parties arising from the work performed on your behalf, including but not limited to intellectual property rights to the data and information provided by you that can be used in the performance of the Agreement and / or the acts or omissions of you towards third parties.

   – If you provide electronic files, software or information carriers to Tiger & Turtle, you guarantee that they are free of viruses and defects.

5. In the event of an accident, injury or sickness, you give permission to the Teacher, volunteers, and any independent contractors to seek medical attention and/or authorize emergency medical treatment if necessary. The Teacher will first attempt to communicate with your authorized emergency contact before seeking medical treatment for you, unless it is not feasible or practical. Tiger & Turtle, the Teacher, volunteers, and any independent contractors will not be held liable for any accident, injury, sickness, death, loss, or property damage that might arise out of or in connection with such authorized emergency medical treatment. 
6. You further agree to hold harmless Tiger & Turtle, the Teacher, volunteers, and any independent contractors from any damages or costs, including Court and attorney’s fees, which may be incurred due to your participation in the Workshop. 
7. You agree and understand the Workshop may be filmed, photographed and/or recorded and that Tiger & Turtle and the Teacher shall have all rights in and to such film, photographs and/or recording, including the copyright therein. The copyright shall include, but not be limited to, the right to use, re-use, publish, and re-publish and otherwise reproduce, modify, and display any such film, photograph and/or recording for educational and promotional purposes, including without limitation, audiotapes, audio CDs, DVDs, websites, video, or film or any other form of recorded images. You grant Tiger & Turtle and the Teacher the right, without compensation to you, to film, photograph and/or record you while participating in the Workshop and you waive any right which you now have or may have hereafter in any such film, photograph and/or recording. You agree to not record by audio, video, photographic or any other means, any portion of the Workshop. 
8. Any and all matters in dispute between the parties to this Agreement, whether arising from or relating to the Agreement itself, or arising from alleged extra-contractual facts prior to, during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of the contract, shall be governed by, construed, and enforced in accordance with the laws of the jurisdiction where the Workshop has been conducted, without regard to conflicts of law doctrines and regardless of the legal theory upon which such matter is asserted. If any portion of this Agreement is held to be invalid, it is agreed that the balance of the Agreement shall continue in full force and effect. This Agreement shall be binding upon you and your heirs, family, legal representative, successors, and assigns. 
9. This Agreement constitutes the entire and final agreement between the parties and supersedes any prior oral or written agreements, discussions or understandings. This Agreement may not be modified in any respect except in writing describing the modification.