I, the participant (“Participant” or “Releasor”), understand that in registering for and participating in the Sword & Lotus Level One Breathwork Facilitator Training and Breathwork activities, trainings, consultations, sessions, video(s), and audio(s) (collectively referred to as “Training” or “Activities”) offered by Tai Hubbert of Sword & Lotus (“Sword & Lotus”, “Facilitator” or “Releasees”), I agree to the following Terms and Conditions:

PARTICIPATION

I understand that Participants are responsible for assessing their own suitability and physical and psychological fitness to participate in the Training. It is the Participant’s responsibility to assess the risks and requirements of the Training.

I understand that Sword & Lotus reserves the right to ask me to leave the Training if the Facilitator feels that I pose a risk to the physical, psychological, or emotional safety of other students or the Facilitator, or if I am compromising the learning experience of the Training. I understand that I will be given a prorated refund, less the non-refundable deposit, based on the amount of time in the Training.  

I understand that Sword & Lotus reserves the right to ask me to leave the Training if my behavior is disruptive, inappropriate, or violates the Training Agreements and Code of Conduct. I understand that my tuition will not be refunded under such circumstances.

I understand that this is an online training taught via Zoom or other online education and community platforms, and that it will be an interactive experience. I understand that it is my responsibility to secure reliable internet connectivity to participate in the Training, and my tuition will not be refunded for any technical challenges or interruptions.   

I understand that to receive a Certificate of Completion for the Training, I must attend all scheduled hours of the Training, unless otherwise arranged with the Facilitator to make up missed curriculum and participation. I understand that it is my responsibility to arrive on-time, and that late arrivals after 15-minutes of each session start are not guaranteed admittance into the live training. I understand that in order to receive credit for training hours, I must arrive on time and stay present (with camera on) for the full duration of the Training.

I understand that I must be at least 18 years old to participate in the Training.

PAYMENT AND REFUND POLICY

I understand that $150 of my tuition is a non-refundable deposit required to reserve my spot in the Training. For cancellations made prior to thirty (30) days from the Training, my tuition, less the deposit, will be refunded. For cancellations made with less than thirty (30) days notice, or departures during the Training, I understand that no refunds or credits will be offered.

Credit Card Authorization. Participant hereto acknowledges that Facilitator will charge the credit card chosen by Participant for the amounts specified on the Sword & Lotus website. If Participant selects a payment plan option, Participant agrees to pay fees to Sword & Lotus according to the payment schedule provided to the Participant. In the event Participant fails to make any of the payments within a payment plan during the time prescribed, Facilitator has the right to immediately disallow participation by Participant until payment is paid in full, including disallowing access to modules, materials, and support calls.

In the rare occasions when Sword & Lotus needs to cancel a Training, a full refund will be provided.

SERVICES & DISCLOSURE

I understand that Activities offered by Sword & Lotus are designed to enhance quality of life and support holistic wellbeing, and are not intended to constitute medical advice or any substitution for medical care. I understand that Activities are not intended to be relied upon for diagnosis or treatment in relation to any health problem, and services of the Facilitator do not replace the care of licensed professionals.

MEDICAL DISCLAIMER & CONTRAINDICATIONS

I understand that breathwork and Activities may involve strong connected breathing, which can result in dramatic experiences accompanied by strong emotional and physical responses. I understand that I may find the Activities physically, emotionally, or mentally stressful, and that breathwork and Activities are not safe under certain medical conditions and not advised for persons with a history of cardiovascular disease or prior heart attack, high blood pressure, epilepsy or seizures, glaucoma, advanced osteoporosis, severe asthma, bipolar disorder, schizophrenia, dissociative disorders, history of significant trauma, and during pregnancy.

In registering for the Training, I hereby state that I am aware of these contraindications, and if any of the above conditions apply to me, I will advise the Facilitator prior to participation. I understand that the Facilitator is not qualified to evaluate my fitness for involvement in the Activities, and that I am fully responsible for seeking medical help to treat all symptoms that are present before and after the Activities. I hereby state that I am physically and mentally fit to participate in the Training, and understand that it is solely my responsibility to seek professional support after Activities if I feel physically unwell or  psychologically unstable. I knowingly waive any claim I may have against the Releasees for injury or damages that I may sustain as a result of participating in Activities.

RISKS

I understand and acknowledge that the Activities in which I am participating in bear certain known inherent risks that contribute to the unique character of these Activities, and that Facilitator cannot eliminate, alter, or control these inherent risks. “Risks” include, but are not limited to, known and unknown health conditions, inaccessibility to immediate medical attention, risks inherent in breathwork that include, but are not limited to, over-exertion, psychological distress and disorientation, hyperventilation, respiratory alkalosis, muscle spasms, chest pain, numbness, heart attack, death, and injury or death caused by negligence on the part of Participant or other people around Participant.

In registering for the Training, I hereby expressly and specifically assume the risk of injury or harm, and agree that my involvement in Activities is purely voluntary, and that I elect to participate in spite of the Risks.

CONFIDENTIALITY

I understand that information shared with the Facilitator is privileged communication and strong ethical standards of confidentiality are maintained. I understand that in voluntarily revealing personal information in group Activities, rights of privacy and confidentiality are waived and cannot be guaranteed. I also understand that confidentiality may be waived, without consent, if there is imminent danger to myself or others. Per the Training Agreements, I understand that I am required to hold personal information shared by all participants and the Facilitator as confidential, and that I may be asked to leave the Training, without reimbursement, for violations of the safety and sanctity of the Training and community. I will refer to Sword & Lotus’ PRIVACY POLICY for information about how personal data is collected, stored, and used when registering for the Training or Company’s newsletter.

IMAGES

I understand that the Training and Activities may be recorded and shared with other registered Participants in the Training for educational and reference purposes. I understand that if Sword & Lotus or Third Party Suppliers will be taking photos, videos, and/or audios of Training Activities for marketing purposes, participants will be notified by email 14-days prior to the Training, and that I as a Participant, hereby grant a perpetual, royalty-free, worldwide, irrevocable license to Sword & Lotus, its affiliates and assigns, to reproduce in any medium without further obligation to the Participant or compensation payable to the Participant. I understand that if I do not want Sword & Lotus to use my image, I must submit written notice to Sword & Lotus at least 7 days prior to the Training.

COPYRIGHT & INTELLECTUAL PROPERTY

I understand that all Sword & Lotus Breathwork Facilitator Training materials are under copyright protection and cannot be reproduced without the written permission of Sword & Lotus. I understand that Sword & Lotus will take all necessary action to enforce its copyrights within the law, and that plagiarism and misrepresentation of training credentials violates the Sword & Lotus Training Agreements and Code of Conduct and may result in termination from registered and future Activities, without reimbursement of tuition fees.

I understand that I may not modify, publish, transmit, participate in the transfer of sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Training content or intellectual property, in whole or in part without prior written consent.

METHODOLOGY, WARRANTIES, & OUTCOMES

I agree to be open minded to Facilitator’s methods and partake in Activities and services as proposed and instructed. I understand that Facilitator has made no guarantees as to the outcome of Activities, and that information and testimonials presented before, during, or after Activities do not constitute a warranty of specific outcomes.

LIMITATION OF LIABILITY

By using Sword & Lotus services and registering for the Training, I accept any and all risks, foreseeable or non-foreseeable, arising from such transaction. I agree that Facilitator will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from participation in Activities or use of materials provided.

THIRD PARTY RESOURCES

The Training curriculum and content may contain links to Third Party websites and resources. I acknowledge and agree that Sword & Lotus is not responsible or liable for the availability, accuracy, content or policies of Third Party websites or resources, and links to such websites or resources does not imply any endorsement by or affiliation with the Company. I acknowledge sole responsibility for and assume all risk arising from my use of any such websites and resources.

NON-DISPARAGEMENT

I, the Participant, agree to not disparage or denigrate Sword & Lotus and/or the Training Facilitator, and that neither I nor anyone acting on my behalf will publish, post, or otherwise release any material in written or electronic format, or make any public statements, that would adversely affect any manner of the conduct of the business of Sword & Lotus, without limitations to the business plans, prospects, or reputation of Sword & Lotus and its representatives.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington within the Unites States of America, regardless of the conflict of laws principles thereof.

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Olympia, Washington, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

INDEMNIFY & HOLD HARMLESS

By clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering my credit card information, or otherwise enrolling in Activities, I, in my personal name and on behalf of my relatives, heirs, legal representatives, and assigns, agree at all times to release, indemnify and hold harmless Releasees, as well as their affiliates, employees, students, joint venture partners, successors, assignees, and licenses, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Activities. I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for my participation in the Training.