Terms of Service
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.breathedegrees.com (“the Site”) operated by Breathe Degrees LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.breathedegrees.com
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Breathe Degrees Services. You are only authorized to use the Breathe Degrees Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Breathe Degrees website and discontinue use of Breathe Degrees Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
ACCOUNTS
In order to access some features of the website, you will have to create a Breathe Degrees account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS . This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the location directly.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.
MEMBERSHIP PACKAGES: Members who purchase ANY membership package are subjected to a penalty charge for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window.
PERSONAL BELONGINGS: You agree that Breathe Degrees is in no way responsible for the safekeeping of your personal belongings while you are present in the location. You assume all risk of loss for any of your personal belongings.
LOCATION RULES AND REGULATIONS
You must be physically present and checked in 5 minutes prior to the start of class or your spot may be released to a waitlisted client. No exceptions.
Reserved classes must be changed or canceled within 12 hours of scheduled time or they will be forfeited.
Membership packages are subject to a penalty fee for a late cancel or absence. cancel or absence.
REFUND POLICY
Classes: All classes and membership packages are non-refundable. No exceptions.
Memberships: All classes and membership packages are non-refundable. No exceptions.
Retail items: Unused merchandise will be accepted for a full refund within 7 days of purchase. After 7 days, a store credit will be issued for up to 30 days. No returns without a receipt.
For questions or support with online purchases or returns, please contact admin@breathedegrees.com.
WAIVER & INDEMNIFICATION
The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our services and have you release Breathe Degrees of any liability. Please be aware that if you do not agree to its terms, you will not be able to benefit from Breathe Degrees’s services.
If you are under the Age of Majority in the State of California (18 years old), you AND your legal guardian must sign this Waiver on your behalf.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY CREATING AND ACCOUNT AND AGREEING TO BE BOUND BY THESE TERMS YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
Parties. We will refer to Breathe Degrees, LLC, a limited liability company based in the State of California as “Breathe Degrees”, “us” or “we” or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
The Services. While with us at Breathe Degrees, you may receive the following science based and transformative services and more:
Breathwork exercises followed by group contrast exposure (cold and hot plunges);
Guided movement and yoga class ending with performance breathing exercises;
Proprietary breathing techniques;
Standalone contrast exposure (hot and cold plunge) during open gym hours;
Standalone infrared sauna session or infrared sauna session added to any class (the “Services”).
The Services may involve hands-on assists and adjustments. If you have any questions about what the Services entail, please ask us before signing this.
The Services also apply to any of the Services made available for corporate or private online streaming and participation or that take place outside of Breathe Degrees’s facilities, including outdoors or at your home.
Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand. Potential side effects and injuries include but are not limited to:
- Physical Injuries may include muscle tears, muscle strains and other musculoskeletal injuries, bruising, blood clots, nerve injury, scarring, redness, swelling, tenderness, hyperpigmentation, bleeding, soreness, headaches, dizziness, fatigue, fainting, bone fractures, indigestion, hypotension, arrhythmia, hyperthermia, hypothermia and infection.
Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.
There are additional risks posed by receiving the Services outside of Breathe Degrees’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of Breathe Degrees’s facilities you accept the increased and additional risks that come with this setting.
There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Breathe Degrees is not responsible for any injuries caused as a result of performing the Services outdoors.
If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. Therefore, we advise that you refrain from participating in the Services if you are pregnant.
Age. No person under the age of 12 is allowed to practice. People age 12 to 15 must be accompanied by an adult. People age 16 to 17 can practice without an adult, but the waiver of liability must be signed by their legal guardian.
Affirmation of Health. By agreeing to receive the Services, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, are pregnant or post-natal, you should consult with your doctor first before engaging with the Services. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
COVID-19 & Infectious Disease. You acknowledge that every time you come to Breathe Degrees to receive the Services you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to receiving the Services, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to visit our business or seek our Services and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Breathe Degrees and applicable public health guidelines (federal, state, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and taking your temperature or allowing it to be checked before entering Breathe Degrees’s place of business.
Medical Disclaimer. You fully understand that Breathe Degrees is not a medical or healthcare professional and that the Services and any information, consultation or facilitation provided by Breathe Degrees does not constitute medical treatment or advice. You acknowledge and agree that your use of any dietary, lifestyle or wellness recommendations or information is completely voluntary and you are solely responsible for freely choosing to implement them. Regarding any physical or mental health problems, ailments, conditions, eating disorders, or other diseases, you are now being advised that it is your responsibility to obtain competent medical advice from a licensed medical or mental health professional. You understand and agree that any service rendered by Breathe Degrees is not designed to cure or prevent any disease, pain, deformity, injury, mental or physical condition of any kind.
Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Breathe Degrees. Your signature below, electronic signature or clicking ‘I Agree’, and your acceptance of the Services Breathe Degrees illustrates your voluntary engagement and assumption of the risks of the Services.
Media Release. By signing this Waiver, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, and audio recordings captured of you at our facilities, during the Services or that you post online yourself or tag us in.
Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Breathe Degrees, LLC , its members, directors, officers, contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Breathe Degrees’s negligence, during the Services at Breathe Degrees. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your undertaking of the Services. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
Continued Agreement. Agreement to this Waiver and waiver and Terms of Service will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool.
Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave at Breathe Degrees.
COPYRIGHTS & TRADEMARKS
The content on the Breathe Degrees website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Breathe Degrees, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Breathe Degrees reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Breathe Degrees.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“Breathe Degrees,” and the “b” icon and other graphics, logos, wordmarks, and designs are trademarks of Breathe Degrees. Breathe Degrees’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Breathe Degrees.
MOBILE SERVICES
The Breathe Degrees Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Breathe Degrees via your mobile phone, (ii) the ability to receive and reply to Breathe Degrees messages, (iii) the ability to browse Breathe Degrees from your mobile phone and (iv) the ability to access certain Breathe Degrees features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Breathe Degrees and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Breathe Degrees, LLC.
Breathe Degrees, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
GOVERNING LAW
- These Terms of Service will be governed exclusively by the laws of the State of California. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provisions of these Terms of Service are invalid or unenforceable, the other provisions in the Terms of Service will remain in full force and effect. Entire Agreement. These Terms of Service constitute the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Terms of Service are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
ELIGIBILITY
Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using Breathe Degrees Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
TERM
These Terms of Service shall remain in full force and effect while you use the Breathe Degrees Services or are a Member. You may terminate your membership at any time, for any reason, by following by contacting your location directly via phone. Breathe Degrees may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
FEES
You acknowledge that Breathe Degrees charges fees for its services, and Breathe Degrees reserves the right to change its fees from time to time in its discretion. If Breathe Degrees terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
PASSWORD
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Breathe Degrees immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
ENTIRE AGREEMENT; NO WAIVER
These Terms of Service, together with our Privacy Policy, and any other legal notices published by Breathe Degrees on the website, shall constitute the entire agreement between you and Breathe Degrees concerning our website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Breathe Degrees’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Breathe Degrees reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Breathe Degrees website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement. You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.
CONTACTING US
If you have any questions about these Terms of Service, the practices of Breathe Degrees or its services, or your dealings with this site, please contact us at:
Breathe Degrees
admin@breathedegrees.com
These Terms of Service have been updated and effective as of July 6, 2021.