JOSEPH HAUSS LLC AND JOEYHAUSS.COM
RELEASE OF LIABILITY
You ("Participant") are registering for a Joseph Hauss LLC and joeyhauss.com ("Company") Program:
- Breath Hauss ("Program");
- Live Online Breath Session ("Program");
- Breathing Mechanics Course ("Program");
- Fundamentals Breathwork Course ("Program");
- Advanced Breathwork Course ("Program");
- Wim Hof Method Fundamentals and/or Advanced Workshop ("Program");
- Calm in Chaos Experience ("Program");
- The Hauss Experience ("Program");
- The Way of The Warrior: Men's Medicine Retreat ("Program");
- 1-on-1 Coaching ("Program");
- 1-on-1 Breathwork ("Program");
- Exploring Possibilities 1-on-1 ("Program");
I ("Participant") have elected to participate in ("Program") with Joseph Hauss LLC, joeyhauss.com, and affiliates, licensees, successors, agents, and assigns ("Company"). I acknowledge, appreciate, and agree that:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by ("Company"). If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
I declare that I will always apply the techniques taught in this ("Program"), including but not limited to breathing exercises, ice baths, and physical exercises, in a safe environment (e.g., sitting on a couch/floor) and unforced. I will never practice the techniques before or during diving, driving, swimming, bathing, or any other environment/place where it might be dangerous to faint. I understand that breathing exercises and cold immersion have a profound effect and should be practiced in the way it is explained.
2. ASSUMPTION OF RISK. I recognize on behalf of self, spouse, heirs, estate, and assigns that the risk of injury from the activities involved in this ("Program") is significant. I recognize that severe injuries, including permanent paralysis or death, can occur. Potential harms can include but are not limited to heart failure, loss of consciousness, and stroke and may be caused by terrain, facilities, temperature, extreme cold, ice baths, weather conditions, condition of participants, equipment, vehicular traffic, lack of hydration, breathing exercises, or other factors.
While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF ("Company"), and I assume full responsibility for my participation.
I acknowledge and understand that while participating in the ("Program"):
- I may be injured, physically or mentally, or may die.
- My personal property may be lost, damaged, or stolen at no responsibility to ("Company").
- Other participants may cause me injury or may damage my property.
- I may cause injury to other persons or damage their property.
- The conditions in which the activity is conducted may vary without warning.
- There may be no or inadequate facilities for treatment or transport in case of an accident or injury.
- I assume the risk of and responsibility for any injury, death, or property damage resulting from my participation in the ("Program").
3. RELEASE OF LIABILITY. I ("Participant"), for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE AND HOLD HARMLESS ("Company"), other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the ("Program"), for ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property arising out of my presence upon any facilities where ("Company") related ("Program") is taking place, whether caused by the fault of myself, ("Company"), or other associated third parties, to the fullest extent permitted by law.
4. INDEMNIFICATION. I agree to indemnify and defend ("Company") against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of the ("Program") made available by ("Company").
5. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the ("Participant") and ("Company"), and assigns ("Parties"). In the event any ambiguity is found to exist in the interpretation of this Agreement or any of its provisions, the ("Parties") explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. PHOTOGRAPH LICENSE. I understand that I may be filmed or photographed while participating in ("Program"). I grant a license to the ("Company") to use video, photographs, and audio recordings, both of me and, if applicable, my property for such research, production (e.g., social media, radio, television, film festivals, internet, exhibitions, related advertisements), commercial, and educational purposes as the ("Company") shall determine. I hereby grant and transfer to ("Company") all rights, title, and interest in the video, photographs, and audio recordings, including, without limitation, the copyright. I hereby release ("Company"), as well as any associated production companies, contractors, legal representatives, and assigns from all claims and liability relating to said recordings.
9. PASSWORD PRIVACY. While using joeyhauss.com, assigns ("Site"), or ("Program"), you may create a username and/or password for login. It is your responsibility to keep the username and password safe. You are also responsible for any actions which occur through the use of your username/password, whether completed by you directly or through the use of your account. You shall notify us immediately by email at [email protected] of any unauthorized use of your login information or any other security breach. Please log out at the end of each session to prevent any unauthorized use of your account or login information. You may not share your username/password or login information with anyone. We are not responsible or liable for any loss or damages as a result of your failure to protect your login information or your unauthorized sharing.
10. CHILDREN'S ONLINE PRIVACY ACT ("COPPA"). We do not knowingly collect Personal Information from children under the age of 13. If you are under 13, you are not permitted to enter any Personal Information on the ("Site"). If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us at [email protected], and we will endeavor to delete that information from our databases.
11. GOVERNING LAW. This Agreement shall be governed and interpreted in accordance with the laws of the United States of America (without regard to the choice of law or conflicts of law principles). In the event of a dispute arising out of or in any way relating to this document or ("Program") to which it refers, the jurisdiction and venue shall be the courts of California and only in those courts. The parties irrevocably waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non-convenience. To the extent allowed by law, ("Parties") waive their right(s) to a jury trial in any action arising out of or in connection with this document or ("Company") to which it refers. ("Parties") further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resorting to any form of class action.
12. DECLARATION. I HAVE CAREFULLY REVIEWED THIS DOCUMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
BY PROVIDING MY PERSONAL INFORMATION, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND WILL COMPLY WITH THEM.
I agree that completing this form shall serve as my legal signature and indicate my agreement to be legally bound by all of the terms and conditions set forth above.
CONTACTING US. If there are any questions regarding this Release of Liability, you may contact us using the following information:
If you do not agree with the terms of this Release of Liability, do not use or browse joeyhauss.com ("Site"), or attend any online or in-person ("Program") produced by Joseph Hauss, Joseph Hauss LLC, or ("Company").