BREATHWORK & ICE BATH RELEASE, WAIVER OF LIABILITY, & INDEMNITY AGREEMENT
Before attending a breathwork &/or ice bath event, it is required for participants &/or parents/legal guardians, to read the below information & seek medical clearance before participating as indicated.
The events provided by Heal with Jo are designed to promote overall well-being & improve quality of life. They are not intended to serve as medical advice or a replacement for professional healthcare. Participants acknowledge that the activities offered at Heal with Jo events are not meant to be used for diagnosing or treating any medical conditions. The services provided by the facilitator are complementary & should not be considered a substitute for care from licensed healthcare professionals.
DESCRIPTION OF ACTIVITY & DISCLOSURE
Breathwork refers to a range of conscious breathing techniques designed to improve physical, mental, & emotional well-being. These practices involve the intentional regulation of the breath, using specific patterns & rhythms to influence the body’s physiological & psychological states. Breathwork can include various techniques such as diaphragmatic breathing (belly breathing), deep breathing, rapid or controlled breathing, & cyclical breathing (involving prolonged inhales & exhales). Some methods may also incorporate holding the breath at certain points, & others may include guided visualizations, meditation, or movement.
Cold Immersion/Exposure Therapy, also known as Ice Bath (used interchangeably throughout this Agreement), involves submerging the body, or a portion of the body, in cold water, typically between 7°C & 15°C, for a set duration of time. Cold Immersion may involve fully immersing the body in a tub, pool, or other container filled with cold water & ice.
Participants are encouraged to stay open to any range of experiences that may arise during the breathwork &/or ice bath session. These experiences may vary widely & could include, but are not limited to, profound relaxation or heightened energy, physical sensations such as tingling or muscle tetany (e.g., in the hands, feet, legs, or face), the release of stored energy, intense emotions (both positive or challenging), or even spiritual insights.
Both Breathwork & Cold Immersion/Exposure Therapy can lead to an intensified emotional state, which may persist after the session has ended. For this reason, we recommend seeking additional support or guidance following the session if needed. It’s important to note that Breathwork & Cold Immersion/Exposure Therapy are intended for personal growth & self-exploration, & should not be viewed as a replacement for professional medical or psychological treatment.
ASSUMPTION OF RISK
You recognise on behalf of yourself, your spouse, heirs, estate & assigns that the risk of injury from the activities involved at Heal with Jo events & the spaces such events are held, is significant. You acknowledge & agree that it is not possible to specifically list every risk associated with Heal with Jo events & that some risks are unknown. You acknowledge & understand that participating in the activity & using the product carries inherent risks, including the potential for injury or even death. These risks may result from, but are not limited to, the actions, omissions, negligence, or carelessness of the released parties, heart failure, loss of consciousness, stroke, hypothermia & vasoconstriction, including heart attack, weather conditions, conditions of participants, equipment or other factors including the space in which the events are held. While particular rules, equipment & personal discipline may reduce this risk, the risk of serious injury still does exist. You knowingly & freely assume all such risks, both known & unknown, even if arising from the negligence of Heal with Jo or others such as event hosts, volunteers, trainers & individuals, & assumes full responsibility for their participation. You recognise that property damage, injury, & death are possible outcomes of participation in the event activities. Aware of these risks & dangers, you voluntarily choose to engage in the activity & accepts all associated risks, whether or not they are explicitly described here, whether known or unknown, & whether inherent or otherwise. You further acknowledge the risks associated with the ownership, transportation, & storage of the product & expressly & specifically assumes the risk of injury or harm, agreeing that your involvement in Heal with Jo events is purely voluntary, & you elect to participate in spite of the Risks.
MEDICAL DISCLAIMER
Individuals with the following conditions or circumstances require medical clearance from their GP or specialist prior to undertaking any Heal with Jo Breathwork, Cold Immersion or Wellness events:
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Cardiovascular issues, such as (but not limited to), hypertension/ hypotension, congestive heart failure, impaired coronary circulation, angina, previous heart attack, stroke
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High blood pressure
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Raynaud’s disease
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Cold urticaria
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Brain surgery, significant head injury, severe migraines
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Epilepsy
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Recent operations
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Pregnancy or breastfeeding
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Pneumothorax, lung disease, emphysema, pulmonary oedema
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Thyroid conditions
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Glaucoma
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Asthma
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Perforated ear drum, ear surgery, hearing loss
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Any mental health condition that may be exacerbated by a strong emotional release
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History of seizures or other neurological conditions
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Psychological conditions including but not limited to, PTSD, schizophrenia, or severe anxiety disorders
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Implants such as metal pins, rods, artificial joints or any other surgical implants
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You have a pacemaker or use a defibrillator
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You’re taking medications, including but not limited to diuretics, barbiturates or beta-blockers, medications which might affect blood pressure or impairs the body’s natural heat loss mechanisms
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Diabetes or obesity
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There is alcohol or drugs in your body, or you have a history of alcohol or drug usage
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You are over sixty-five (65) years of age
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You are a haemophiliac or an individual prone to bleeding
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You have a fever, flu or common cold
Know your limitations, both physical & mental, & act accordingly. If you have any concerns, or doubts about whether you should participate, consult your physician or therapist, as well as your facilitator before attending.
EMERGENCY MEDICAL ASSISTANCE
If you think you may be suffering from any medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website, or because of anything said in person or online by Heal with Jo staff or others involved in Heal with Jo events or promotions such as event hosts, volunteers, trainers & individuals. You warrant that you consent to receive first aid & medical treatment by Heal with Jo staff &/or others involved in Heal with Jo events or promotions such as event hosts, volunteers & trainers, in the event of an accident, injury or illness during a Heal with Jo event & release & indemnify Heal with Jo staff or others involved in Heal with Jo events such as event hosts, volunteers, trainers & individuals from any & all liability or costs incurred in relation to, but not limited to, medical costs, emergency transportation & litigation resulting from your personal injury or death, & arising from your participation in Heal with Jo events.
PERSONAL RESPONSIBILITY & SAFETY:
By participating in Heal with Jo events & activities, you agree to follow all instructions provided by the facilitators during the event, communicate any discomfort, pain, or concerns immediately to the facilitator(s) or staff members, stop the activity immediately if you experience any distress or discomfort beyond what feels manageable & respect the physical & emotional boundaries of myself & others during the event. You understand that it is your responsibility to monitor your own body & well-being during the session. If you feel unwell or unsafe at any time, you agree to discontinue your participation.
RELEASE OF LIABILITY & INDEMNITY
You, on behalf of yourself & your heirs, personal representatives, & assigns, fully & forever release & discharge Heal with Jo, its staff, event instructors, affiliates, employees, agents, representatives, contractors, successors, & assigns (collectively, the "Released Parties") from any & all claims, demands, damages, causes of action, & liabilities (whether known or unknown) arising out of or related to your participation in any Heal with Jo activities, including but not limited to bodily injury, property damage, or death, even if caused by the negligence (active or passive) of the Released Parties. You agree to indemnify, defend, & hold harmless Heal with Jo & the Released Parties from & against any & all claims, damages, losses, liabilities, or expenses (including legal fees) arising from your participation in Heal with Jo activities, including those resulting from negligence, improper maintenance, or other actions of the Released Parties. To the fullest extent allowed by law, you waive any right to bring a legal action against Heal with Jo or the Released Parties for any claim arising from your participation in activities, including claims of negligence. You acknowledge that this release is binding & constitutes a complete waiver of liability, which may affect your legal rights. Heal with Jo & the Released Parties will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your participation, even if you were advised of the possibility of such damages. This Agreement is binding upon you, your heirs, legal representatives, & assigns. It supersedes any prior Agreements or communications regarding participation in Heal with Jo activities. This release will remain in effect even after the conclusion of your participation. This release does not apply to claims arising from the gross negligence, intentional misconduct, or recklessness of Heal with Jo or its employees. By clicking “Register,” “Purchase,” or completing your registration for Heal with Jo events & activities, you confirm that & have read, understood, & voluntarily agreed to the terms of this Agreement.
LIABILITY FOR PROPERTY
You understand you should not bring any personal property of value (camera, mobile phone, other personal electronics, clothing, jewellery, etc.) to Heal with Jo events & you understand that any items you bring to Heal with Jo events & activities are solely your responsibility. To the extent permitted by law, Heal with Jo is not responsible for any loss, missing, stolen or damage your personal property at any of their events or activities. You acknowledge & agree that if you cause damage to any property or equipment, that you are liable to Heal with Jo staff, event hosts, volunteers & trainers & for the full cost of its replacement or repair.
PUBLICITY & MEDIA RELEASE
You understand individuals at Heal with Jo events may photograph & record you & may use these for personal & promotional purposes. You grant Heal with Jo staff, event hosts, volunteers, trainers, successors, assignees, licensees, representatives, & attendees the perpetual, irrevocable right to record, use, reproduce, distribute, publish, & publicly display your image, likeness, voice, & persona in any photographs, videos, audio recordings, or other audio-visual works created by Heal with Jo its agents. This includes the right to incorporate such materials into any publications or media bracket whether known or developed in the future & bracket, in any form, & for any purpose, including the creation of composite works. You waive any right to inspect or approve the finished product that incorporates these materials, including any accompanying written content. You agree that Heal with Jo will exclusively own all copyrights & other rights to these works, & you release Heal with Jo & their representatives from any financial obligations related to the use of these materials. Furthermore, you agreed not to make any claims against Heal with Jo regarding the use of your image, likeness, voice, or persona in such works. You understand you have the right to refuse your image or recordings being shared publicly, & agree to notify Heal with Jo of this decision in writing, via e-mail, before imagery or recordings are used or publicly displayed.
CONFIDENTIALITY
By voluntarily sharing personal information at Heal with Jo events, you acknowledge that your privacy & confidentiality may not be fully protected. You also understand that confidentiality may be breached without your consent if there is a risk of harm to yourself or others, or if there are concerns regarding abuse or neglect of children, elders, or vulnerable adults. For details on how your personal data is collected, stored, & used, please refer to Heal with Jo's privacy policy.
MINOR ACKNOWLEDGMENT
If the Participant is a minor, the parent or legal guardian acknowledges that they are signing this Agreement not only on their own behalf, but also on behalf of the minor. The minor will be bound by all terms of this Agreement. By signing, the parent or legal guardian understands that they are waiving certain rights on behalf of the minor that the minor may otherwise have. The parent or legal guardian agrees that, without this consent, the minor would not be allowed to participate in Heal with Jo events or activities. If the Agreement is signed without a parent or guardian’s signature, the participant affirms, under penalty of fraud, that they are at least 18 years old. When signing as a parent or guardian of a minor, the adult confirms that they are the legal parent or guardian of the minor participant.
VOLUNTARY PARTICIPATION & NO DURESS
You acknowledge that your participation in Heal with Jo events & activities is entirely voluntary & affirm that you are physically & mentally capable of taking part in the activity. You agree you have been informed of the potential risks involved & consent to participate despite these risks. You also understand that your experience may vary, & there are no guarantees regarding the physical, emotional, or spiritual effects of these practices. You agree & acknowledge you are under no duress or pressure to sign this Agreement & that you’ve been given a reasonable opportunity to review it before signing.
MISCELLANEOUS
Any obligations under this Agreement that are intended to continue beyond its termination shall remain in effect & enforceable after termination. If any provision or part of this Release is deemed illegal, invalid, or unenforceable by a court with appropriate jurisdiction, the rest of the provisions will continue to be valid & enforceable. This waiver constitutes the entire Agreement between the parties regarding the subject matter & replaces any prior Agreements or communications, whether written, oral, electronic, or otherwise. No modifications, amendments, or additions to this Agreement will be effective unless made in writing & signed by authorized representatives of both parties. This Agreement will be binding upon & benefit the successors, assigns, heirs, & legal representatives of the parties.
COVENANT NOT TO SUE:
You agree on behalf of yourself & all your personal representatives, heirs, executors, administrators, agents, & assigns, not to sue Heal with Jo or any other released party or initiate or assist in the prosecution of any claim for damages or any cause of action against Heal with Jo or any other released party that you or your personal representatives, heirs, executors, administrators, agents, & assigns may have as a result of any Losses, including without limitation, personal injury, death or property damage that I may sustain while attending a Heal with Jo event or participating in the event activities.
REFUNDS & TRANSFERS
No refunds or transfers will be provided for Heal with Jo events. Events will be held in rain, hail or shine. In the instance of threat by extreme or unsafe weather, Heal with Jo events will be cancelled & all payments will be credited to future Heal with Jo events of the same type.