Terms and Conditions

This Agreement is entered into by and between Transcend Breathwork Group Inc. (“Transcend”) and the student ("Student"), whereby Transcend shall provide breathwork training to the Student.  

1. This Agreement shall commence as of the date of execution.

2. The Student shall be enrolled in the Breathwork Level One Program (the “Program”), which consists of the following module (“Module”):

3. 
   

   1. Level 1: Personal Transformation 

3. The Module contains training objectives that the Student must satisfy and specifies a number of hours to be dedicated to each training objective.  The Student must complete the Program in full in order to receive a Certificate of Completion and move forward with Level Two, if desired.

4. Coursework for the Module may consist of any or all of the following:

   1. Online coursework available via the online platform, Kajabi;

   2. 1:1 sessions via Zoom on date(s) and times as agreed upon between the Student and instructor; and

   3. Group sessions via Zoom.

Relationship

5. The Student understands that he/she is solely responsible for his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Program.  The Student understands that this Program is not a substitute for therapy, and does not directly prevent, cure, or treat any mental disorder or medical disease. 

6. The Student acknowledges that the Program is a comprehensive process that may involve different areas of his/her life including work, finances, health, relationships, education and recreation.  The Student understands that the nature of the Program requires the Student to take responsibility for their actions, and that all results achieved from such participation will be dependent on the Student’s efforts. Accordingly, Transcend cannot guarantee that the Student will receive any particular result, improvement or benefit from participation in the Program. 

7. The Student understands that success in the Program requires openness and honesty and full participation, and the Student agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate in this process. 

Student Policies

8. If the Student is late for a session, the session will still end at the original designated time.  At the time of the call, the parties will connect via Zoom. The Student agrees to be in a quiet, private space, and fully prepared to be available and present.  All distractions will be turned off (phone, social media, email, etc). Transcend reserves the right to immediately cancel any session on the basis that the Student is not adhering to these policies and procedures.

9. Due to the nature of the work, there may be sessions that go over the allotted time at the discretion of the instructor. However, a late start by the Student does not necessitate going over the original session time.

10. Should the Student not be able to make a scheduled session they must inform Transcend, or their instructor for any 1:1 sessions, at least twenty-four (24) hours in advance otherwise the session will be considered used and will not be rescheduled.  

Payment

11. The cost for this program is $2895 USD (the “Fee”) plus applicable taxes, payable as per the payment plan listed in the offer.

12. The Student understands and acknowledges that the Fee is non-refundable.  If the Student chooses to terminate this Agreement at any time, the Fee, or any portion of it that has been paid as of the termination date, will not be refunded.

13. In the unlikely event that Transcend reasonably feels that this Agreement needs to be terminated, Transcend may in its discretion terminate this Agreement upon providing notice to the Student and may refund any portion of the Fee, prorated as of the termination date, at its sole discretion. Notwithstanding the foregoing, in the event of termination by Transcend, any previously held sessions will not be refunded. 

14. If it is agreed to by both parties that this Agreement should extend beyond the initial Term, then the terms of this Agreement shall remain in full force and effect throughout the duration of the extended term unless otherwise agreed between the parties, and any further fees shall be invoiced to the Student by Transcend.

Confidentiality

15. a. Transcend and the Student recognize that the Student will be sharing personal and in-depth information about their life (past, present and future) including and not limited to personal plans, business affairs, financial information, job information, family, goals, personal information, health and other important information.  Transcend will not, under any circumstances, either directly or indirectly, use any information for its own benefit, nor will it disclose or communicate in any manner any Confidential Information, as defined below, to any third party in any way.  
    b. Information shared during group support calls via Zoom will be recorded and shared within the Transcend Facebook group, and information disclosed during any Instagram Live video calls will be public, and thereby exempt from the confidentiality agreement described above.  

“Confidential Information” means all information (whether in oral, written or electronic form) relating to the personal plans, business affairs, financial information, job information, family goals, personal information, health or other medical information, and any other important information of the Student disclosed in the performance of this Agreement, but excludes any information that: (a) was lawfully in the possession of Transcend before receiving it from the Student; (b) is provided in good faith to Transcend by a third party without breaching any rights of the Student; (c) is generally available to, or accessible by, the public through no fault of Transcend; or (d) is disclosed by operation of law.

Intellectual Property

16. The Student acknowledges and agrees that the information and materials provided by Transcend in the course of the Program (the “Intellectual Property”) is proprietary, and as such the Student shall only use the Intellectual Property for the personal growth purposes set out herein. The Student may not under, any circumstances, reproduce, distribute, market, resell, or commercialize the Intellectual Property in any manner. The Student agrees to indemnify Transcend for any damages, claims, losses, or costs (including attorney fees and costs) of any nature whatsoever arising from, or in connection with, the Student’s breach of its obligations under this provision.

17. If the Student completes Level 2, he/she may be granted a limited right to use certain of the Intellectual Property in the course of their own business, but understands that the original proprietary rights remain with Transcend.  Nothing in this Agreement will constitute a transfer of ownership of any Intellectual Property Rights from Transcend to the Student, nor grant any license to use the Intellectual Property, other than that which is expressly provided throughout the duration of the Program.

Release

18. The Student agrees that all information provided by Transcend is for informational purposes only, and in no case shall Transcend, its employees, partners, associates, affiliates, joint ventures, agents, and representatives, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation physical injury, illness, death, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, suffered or sustained by the Student in connection with this Agreement, unless caused by a breach of this Agreement. To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to this Agreement shall be limited to the amount of the Fee paid by the Student in respect of the services performed up to the date of the occurrence giving rise to such claim.

Dispute Resolution

19. If for any reason a disagreement between the Student and Transcend cannot be settled, the parties agree to settle the dispute through an independent and binding mediation outside of court.

General

20. This Agreement shall be governed and interpreted in accordance with the laws of the province of British Columbia.

21. The parties agree that the relationship of Transcend to the Student is that of an independent contractor and acknowledge that it is not the intent of the parties to create a relationship of partnership, agency or joint venture. 

22. The parties agree this Agreement is the entire agreement between them and that there are no representations or warranties other than those contained in this Agreement or subsequent modifications.

23. This Agreement may not be amended except by written agreement between both parties.

24. This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of each party.

25. A waiver of any term of this Agreement or of any breach of this Agreement by Transcend will be binding only if it is executed in writing and such a waiver does not constitute a waiver of any other term of this Agreement or any other breach of this Agreement. 

26. The provisions of the sections titled ‘Intellectual Property’, ‘Confidentiality’ and ‘Release’ shall survive the termination of this Agreement for any reason.

27. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.

28. This Agreement may be executed in counterparts, each of which will be deemed an original, but both of which together will constitute one and the same instrument.

    29.  Late payments will incur a fee of $40.