Release of Liability, Waiver of Claims and Assumption of Risks
These Terms of Service (“Terms”) are a legal agreement between you and Cold Warriors, Inc & Breathwork Plus Inc. (“Othership,” “The Company”, “us,” or “we”) regarding your use of services (any classes, events or activities (the“Program”) hosted, sponsored, or affiliated with Othership) available at Othership in-person locations, www.othership.us, Othership: Breathing App, Othership: Booking App, instructors ("guides") employed by othership, and including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
BY CLICKING “I AGREE”, “I ACCEPT”, OR EQUIVALENT LANGUAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
Please Read Carefully
In consideration of Cold Warriors Inc. o/a Othership (“Othership”) permitting you (“I” or “me”) to participate in activities including breathwork, yoga, meditation, personal training, and use of Othership’s saunas, ice baths, tea rooms, and other amenities (collectively, the “Activities”), and for other good and valuable consideration, you agree to all the terms and conditions set forth in this agreement (this “Agreement”).
Assumption of Risks
1. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF OTHERSHIP OR OTHERWISE. I UNDERSTAND THAT I SHOULD CONSULT A DOCTOR IN ADVANCE OF PERFORMING OR PARTICIPATING IN ANY OF THE ACTIVITIES AND THAT I SHOULD ADVISE OTHERSHIP OF ANY HEALTH CONCERNS IN ADVANCE OF STARTING THE ACTIVITIES.
2. I hereby expressly waive and release any and all claims which I have or may in the future have against one or more of Othership, any entities (including, without limitation, companies, partnerships, and trusts) owned, in whole or in part, by Othership, and each of their affiliates and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, the “Releasees”), arising out of or related to the Activities (including while on my way to, while at, and while leaving any premises at which Othership offers the Activities), due to any cause whatsoever, including, without limitation, the negligence of Othership or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise.
3. I covenant not to make or bring any such claim against Othership or any other Releasee, and forever release and discharge Othership and all other Releasees from liability under such claims.I shall indemnify, defend, and hold Othership and all other Releasees harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities.
4. In the event that a court of competent jurisdiction determines that the release of claims is not valid, I agree that in no event shall the Releasees’ aggregate liability arising out of or related to the Activities exceed the greater of (i) the total amount paid by me to Othership in the 6 months preceding the event giving rise to the claim; and (ii) $500.
5. This Agreement constitutes the entire agreement of Othership and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
6. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
7. This Agreement is binding on and shall enure to the benefit of Othership and me and each of our respective heirs, executors, administrators, successors, and permitted assigns.
8. This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
9. The parties have required that this Agreement and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.Othership receives the benefit of this Agreement on behalf of the other Releasees, as trustee and agent for such Releasees.
10. Othership shall be entitled to enforce this Agreement on behalf of each of the other Releasees.
11. Without limiting any of the foregoing, I agree that if I am engaging in or if I engage in the activities in my capacity as an employee, agent, director, officer, or other representative of any entity (including, without limitation, a company, partnership, or trust), I agree that I am authorized to bind such entity, and that, by entering into this Agreement, I also agree that this agreement shall also be deemed to apply to any claims that such entity may have arising from or relating to the activities and shall function as a release from both (i) me in my individual capacity; and (ii) such entity.
12. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OTHERSHIP AND THE RELEASEES.
You must be 18 years of age or older to use any of Othership’s Programs & Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Othership and its partners, vendors, agents and service providers.
By joining and participating in Othership’s community you are agreeing to the following guidelines.
Do not publish your personal information in a public community. Please use direct messaging when personal information must be shared.
Do not take screenshots from Othership’s community and post them anywhere without explicit consent from the publisher of the original content.
Do not share private conversations between users that were had with the expectation of remaining private.
Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, including our community members or staff; malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist comments; or hate speech will not be tolerated.
Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.
In short, treat each other respectfully. Othership is a welcoming community where diversity is encouraged to thrive.
I fully understand that I will be engaging in activities that may involve physical exercise and risks of serious injury, including permanent disability and death, which might result not only from my own actions, inactions, or negligence, but also that of other persons, the activities, or the condition of the premises or equipment used.
I understand that it is my responsibility to determine that I am physically and medically able to participate in the Program and, if necessary, to consult with a physician prior to and regarding my participation in the Program. I represent and warrant that I have no medical condition that would prevent my participation in the Program, including no known history of fainting or epilepsy and not currently pregnant or breastfeeding.
I am fully aware of the risks and hazards involved with participating in the Program, including risks of serious injury, permanent disability and death, and that there may be risks neither known nor reasonably foreseeable at this time. I have read the Notice Regarding Photosensitive Seizures below and understand that the Program may include video projections and stimulating visuals. I agree to fully assume all such risks and accept personal responsibility for the damages following any such injury.
I agree to release, waive, discharge, and covenant not to sue the Company and its affiliates, officers, administrators, directors, teachers, and other employees of the Company (the“Releasees”) from any and all liability to me, including to my heirs or next of kin, for any and all claims, demands, losses, or damages on account of injury, including disability, death or damage to property, caused or alleged to be caused in whole or in part by the Releasees in connection with the Program, including due to negligence of the Releasees.
I agree to conduct myself in a safe and reasonable manner. I agree that I will not participate in the Program while under the influence of drugs or alcohol and will not consume drugs or alcohol while participating in the Program.
NOTICE REGARDING PHOTOSENSITIVE SEIZURES: A very small percentage of people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. Even if they have never had a seizure or epilepsy before, some people may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching visual simulations. These seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness. Immediately stop participating in the Program and consult a doctor if you experience any seizure related symptoms.
In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength. By registering, users agree to be fully responsible for all activities that occur under their username and password.
To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to firstname.lastname@example.org.
Membership Subscription Fees
Othership offers membership subscription-based access to its in-person and on-demand classes. Othership reserves the right to cancel, interrupt, or reschedule any Content, Class, or Online Course. Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms Othership specifies for the Service, we grant you a non-exclusive, non-transferable, limited right and license, so long as the Classes and/or Online Courses are available on the Service, to access, view, use, and display Classes and/or Online Courses for non-commercial, private use.
Memberships are billed on a periodic basis as specified at the time of purchase (e.g.,monthly or yearly). Your Membership subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Othership will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Othership later increases the price of the subscription, we will notify you via email.We require that you provide a valid credit or debit card at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period. Othership will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. It is very important to understand that you will not receive a notice from Othership that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight EST on the last day of your Free Trial period.
Users may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any user will be construed by Othership as fraudulent use, which will result in the immediate cancellation of membership without refund. We reserve the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Othership is a non-refundable subscription service. We do not refund any unused time. We trust our members to keep track of their subscriptions and to adhere to the terms and conditions agreed to upon registration.
Subscriptions Handled via Apple ID and Google Play
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Application. When doing so, Users acknowledge and accept that;
- Any payment due shall be charged to their Apple ID account;
- Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
- Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
- Subscriptions can be managed or cancelled in the Users’ Apple App Store or Google Play account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
Offers and Discounts
Othership may offer discounts, promo codes, or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and are always granted at our sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.Depending on the case, discounts or offers shall be valid for a limited time only or in limited quantity.
Coupons and Offer Codes
Offers or discounts can be based on Coupons and Offer Codes. Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Purchases via App Store and Google Play
This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Modification & Discontinuation of Content
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service.
We regularly make changes to the Service. The availability of the Content, as well as platforms and compatible devices through which devices are available, will change from time to time. We reserve the right to replace or remove any Content and the platforms available to you through the Service, including specific titles of Content, and to otherwise make changes in how we operate the Service.
Additionally, you agree that for various reasons, certain Content may be available through one platform may not be available on another. We hope not to, but we may change, suspend or discontinue – temporarily or permanently – some or all of the Service (including the Content and compatible devices through which the Service is accessed), with respect to any or all users, at any time without notice.
In our continued assessment of the Service, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that The Company may do so in The Company's sole discretion at any time without notice.
Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Othership or by third parties that have licensed or otherwise provided their material to The Company. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. No Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The Company’s prior express written permission.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
For questions, comments, complaints, or claims related to Othership locations, please contact our Othership Crew at email@example.com.
For questions, comments, complaints, or claims related to Othership: Breathing App, please contact our User Experience Team at firstname.lastname@example.org.
Last Updated: APRIL 19, 2023