TERMS OF PURCHASE & PARTICIPANT RELEASE, WAIVER, AND INDEMNITY AGREEMENT

Sword & Lotus

By clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Participant”) voluntarily agree to participate in Breathwork sessions, Hakomi Therapy sessions, courses, workshops, trainings, teaching(s), video(s), audio(s), and consultations (collectively referred to as “Activities”) provided by TAI HUBBERT (“Facilitator”), acting on behalf of SWORD & LOTUS (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms, conditions, and agreements:

TERMS.

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Facilitator agrees to provide services in accordance with Activities advertised, including but not limited to, Private Breathwork Sessions, Private Hakomi Therapy Sessions, Group Breathwork Ceremonies and Sessions, Breathwork Courses and Intensives, and other personal growth events and offerings as made available at www.swordandlotus.com.

(b) The scope of services rendered by the Facilitator pursuant to this contract shall solely be limited to those contained therein and/or provided for on Facilitator’s Website www.swordandlotus.com as part of offered Activities.

(b) Facilitator reserves the right to remove Participant from Activities at any time for any reason.

METHODOLOGY, WARRANTIES, & OUTCOMES. Participant agrees to be open minded to Facilitator’s methods and partake in Activities and services as proposed and instructed. Participant understands 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.

DISCLAIMERS & ASSUMPTION OF RISK. Participant understands that Activities offered by Facilitator are designed to enhance quality of life, and are not intended to constitute medical advice or any substitution for medical care. Participant understands that Activities are not intended to be relied upon for prescriptions, recommendations, diagnosis or treatment in relation to any health problem or disease, and that the Facilitator is not a medical doctor or psychologist, and her services do not replace the care of licensed professionals. Participant understands that the Facilitator is not qualified to evaluate the Participant or Participant’s fitness for involvement in the Activities, and that participation in any and all Activities is not intended to create nor does it establish a client-practitioner relationship or any other type of therapeutic or professional relationship between Participant and Facilitator, and that Participant is responsible for seeking medical help to treat all symptoms that are present before and after the Activities.

Participant understands that the Activities may involve strong connected breathing, which can result in dramatic experiences accompanied by strong emotional and physical responses. Participant understands that he/she/they 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, detached retina, severe osteoporosis, severe asthma, bipolar disorder, schizophrenia, dissociative disorder, PTSD, history of significant trauma, and during pregnancy.

Participant understands and acknowledges that the Activities in which Participant will voluntarily engage 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, acts of God, and risks inherent in Activities 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. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in Activities, and agrees that his/her involvement in Activities is purely voluntary, and Participant elects to participate in Activities in spite of the Risks.

The Facilitator may provide Participant with third-party recommendations for such services as health, lifestyle, or other related services. Participant agrees that these are only recommendations and the Facilitator will not be held liable for the services provided by any third-party to the Participant. The Facilitator is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

RELEASE & WAIVER. Participant does hereby release and forever discharge and hold harmless the Facilitator and her successors and assigns from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in Activities. Participant understands and acknowledges that this Agreement discharges Facilitator from any liability or claim Participant may have against Facilitator with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Activities with Facilitator. Participant understands that the Facilitator does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage.

CONFIDENTIALITY. Unless otherwise explicitly stated, Activities conducted on video conferencing platforms will not be recorded, and no photographs, videos, or recordings will be taken during Activities, nor used for marketing purposes of Facilitator or Company.

Participant understands that in voluntarily revealing personal information in group Activities, rights of privacy and confidentiality are waived and cannot be guaranteed.

Participant may refer to Company’s PRIVACY POLICY for information about how personal data is collected, stored, and used when registering for Activities.

INTELLECTUAL PROPERTY RIGHTS.  In respect of the documents specifically created for the Participant as part of Activities, the Facilitator maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Participant receives one license for personal use of any content provided by the Facilitator.  Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Facilitator to the Participant, nor grant any right or license other than those stated in this Agreement. The Facilitator reserves the right to immediately remove Participant from Activities, without refund, if you are caught violating this intellectual property policy.

GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

LIMITATION OF LIABILITY.  By using SWORD & LOTUS services and purchasing Activities, Participant accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Participant agrees 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. Participant agrees that participation in Activities is at user’s own risk.

PAYMENT AND REFUND POLICY.

(a) Upon execution of this Agreement, Participant agrees to pay to the Facilitator the full purchase amount.

(b) Unless otherwise explicitly stated, Facilitator does not offer refunds for services and Activities purchased. Transfer of Participant’s payment can be made to another service of equal value.

(c) Credit Card Authorization (if applicable for payment plan).  Each Party hereto acknowledges that Facilitator will charge the credit card chosen by the Participant for the amounts specified on the website. If Participant selects a payment plan option, Participant agrees to pay fees to the Facilitator according to the payment schedule set forth on Facilitator's website, or otherwise provided to Participant, and the payment plan selected by Participant (the “Fee”). 

DISPUTE RESOLUTION. 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.

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

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Participant hereby acknowledges that he/she/they has carefully read this Agreement and fully understands its content. Participant hereby states that he/she/they is physically and mentally fit to participate in Activities, and knowingly and voluntarily waives any claim he/she/they may have against the Facilitator for injury or damages that Participant may sustain as a result of participating in Activities. By enrolling in services and Activities, Participant voluntarily and knowingly agrees to the terms and conditions contained herein, and on behalf of his/her/their relatives, legal representatives, and assigns, agrees at all times to indemnify and hold harmless Tai Hubbert, Sword & Lotus, as well as any of their affiliates, employees, joint venture partners, successors, transferees, 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.