Assumption of Risk Agreement
By enrolling in a 44 Breathwork™ course, program, breathwork journey, or other offer, (hereinafter a “Program”), you, the purchaser (hereinafter “Student”) enter into an agreement with Lazar Marketing DBA 44 Breathwork ("44B") and agree to the following pertinent to doing breathwork (the "Activities"):
The deliverable(s) vary based on the Program you enrolled in. Details can be found on the sales page for the Program in question.
44B’s Privacy Policy is hereby incorporated by reference into this agreement. Student understands that 44B will be providing educational content to Student and that 44B’s obligations under this Agreement exist only while Student is in good standing in Program. 44B’s obligations will cease if Student or 44B cancels Student’s enrollment.
Student understands that 44B is not providing one-on-one service on behalf of Student.
In consideration of Student’s access to the Program, Student agrees to pay the amount specifed on the sales page for Program.
Student hereby authorizes 44B to charge Student’s credit card or debit card automatically as part of Student’s payment plan, if applicable.
Student understands and agrees that unless otherwise specified for an individual Program, 44B offers no refunds.
In the event 44B has a problem processing Student's payment, Student understands that they will immediately lose all access to their Program including all content and any other live support and/or community support, as applicable.
44B may cancel Student’s membership in or access to a Program at any time for any reason.
Master Resell Rights and Personal Label Rights are not part of this membership. Student understands that no rights of reproduction are transferred by this Agreement. Student agrees not to create any derivative works of the content found in the Program.
44B owns the rights to all content in the Program including but not limited to video recordings, audio recordings, texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in a Program does not transfer any intellectual property rights to Student. 44B grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content.
44B shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of 44B including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties. 44B agrees only to provide Student with access to the Program, which provides education and information. The information contained in a Program, including any interactions with the instructor(s), is not intended as, and shall not be understood or construed as, professional advice.
If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.
44B makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in a Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. 44B and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Student may not assign this Agreement without the express written consent of 44B.
44B may modify the terms of this agreement at any time. All modifications shall be posted within the membership website and Students shall be notified.
If Student wishes to negotiate the terms of this Agreement, the only way to do so is by addressing it with Candice Lazar directly.
Student absolves 44B of any and all liability or loss Student may suffer or incur as a result of use of a Program and/or any information and resources contained in the Program. To the extent permitted by law, Student agrees that 44B shall not be liable for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
Although this Agreement fully and completely releases 44 Breathwork and its principal Candice Lazar from any and all liability of any kind and of any nature in any way connected to, arising from or relating to the Activities at issue, Student further acknowledges and agrees that to the extent that Student violates the plain terms of this Agreement by filing a claim, suit or other action against Candice or 44B, any such claim, suit or other action shall be brought solely and exclusively in Miami-Dade County, Florida, United States. Any legal or equitable claim that may arise from participation in the Activities shall be resolved under Florida law.
By participating in breathwork (the “Activities”), Student understands and expressly acknowledges and agrees to the following:
(A) Student knows, understands and acknowledges that Candice Lazar, the principal of 44 Breathwork, is not a physician, psychologist, therapist, or healthcare professional, and the Activities being offered are not intended to treat or diagnose, and do not include treatment for or diagnosis of, any illnesses, diseases or disorders, whether physical, mental psychological or emotional.
(B) Breathwork is deeply experiential. It can result in intense physical and emotional release.
(C) Breathwork is not advised for persons with a history of cardiovascular disease, including angina or heart attack, high blood pressure, use of a pacemaker, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries or surgery.
It is unsuitable for persons with mental illness or seizure disorders or for persons using major medications as well as anyone with a personal or family history of aneurysms. Persons with asthma should bring their inhaler and consult with their primary care physician before participating.
(D) If Student is pregnant or postnatal, Student should not participate in the Activities without first discussing the risks with her/their doctor, and shall only participate in the Activities with the doctor's full approval. Student shall not hold Candice Lazar responsible for any injuries to Student's pregnancy caused in part or in whole by failure to follow her/their doctor's recommendation.
(E) Student is fully aware that the Activities could be hazardous. Student understands that there exists a risk of physical mental, psychological or emotional injury or death from the Activities, and although personal discipline and compliance with the guidance of Candice Lazar may reduce this risk, the risk of such injury nevertheless does exist.
(F) Student fully acknowledges voluntarily participating in the Activities with knowledge of the danger involved, and KNOWINGLY AND FREELY ASSUMES ALL RISKS, both known and unknown, even if arising from the negligence of others. Student assumes full responsibility for his/her/their participation.
(G) Student promises, represents and certifies that he/she/they are in good health physically, mentally, psychologically and emotionally, and fully acknowledges that if he/she/they were not in such good health, they would not partake in the Activities.
(H) Student fully acknowledges and asserts that "On behalf of myself, my spouse, my minor children, wards, relatives or other persons under my care, my parents, my next of kin, my heirs, assigns, agents, personal representatives and estate (hereinafter collectively "RELEASING PARTIES”) I HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS CANDICE LAZAR and her employees, agents, representatives, team members, as well as her principals, employees, agents and representatives WITH RESPECT TO ANY AND ALL INJURY whether physical mental, psychological or emotional or ANY LOSS or DAMAGE to PERSON or PROPERTY of any kind, to the fullest extent permitted by law."
(J) To the fullest extent allowed by law, Student agrees to defend, indemnify, and hold harmless Candice Lazar for all costs and expenses, including but not limited to all legal fees incurred by Candice in defending any claim brought against her by any of the RELEASING PARTIES. Student further agrees to pay the full amount of any judgment, award or verdict that might be entered against Candice and/or in favor of any or all of the RELEASING PARTIES.
(K) To the fullest extent allowed by law, on behalf of Student and all RELEASING PARTIES, Student hereby forever unconditionally and irrevocably waives and releases any and all claims he/she/they now have or may in the future have against Candice Lazar with respect to any injury, loss or damage suffered as a result of participating in the Activities. Student understands and agrees that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter "Agreement") extends to and includes any and all damages, injuries, and claims which Student does not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and Student hereby expressly waives and relinquishes any and all rights under any law or statute to the contrary.
(L) Being fully informed of all the terms contained in the instant Release of Liability, Waiver & Assumption of Risk Agreement, Student on their own behalf, and to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agrees and promises to accept and assume all of the risks inherent to and existing in connection with the Activities, and voluntarily elects to participate in the Activities.
(M) Student agrees to comply with the stated and customary guidance and norms of participation in the Activities. If, however, Student observes any unusual hazard during their presence or participation, Student will immediately cease participation in the Activities and bring such to the attention of Candice Lazar.
(N) Student understands and agrees that Candice Lazar is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises for an in-person breathwork session.
(P) I understand that there exist known and unknown dangers of serious injury and even death associated with the Activities. I nevertheless choose to participate in the Activities.
Student hereby expressly grants to Candice Lazar and to her officers, employees, agents, and assignees, the right to use photographs, video/audio impressions, and/or transcriptions of Student recorded by her during any live breathwork experiences, and to use the photographs and Student's voice and picture, silhouette, and other reproductions of physical likeness, in connection with or as part of any presentation, program, publication, product, or other professional endeavor in which the same may be used or incorporated, and also in the advertising, and/or publicizing of any such works or their content, in perpetuity. Student understands that these images/sounds may be used for commercial, educational or informational purposes. Student waives all rights of copyright, ownership, and rights of publicity in or the resulting commercial or educational and informational materials in which Student appears and acknowledges no monetary or other compensation is provided in exchange for waiving this right. Any facts, figures, testimonials, stories, etc. Student gives are Student's own and are truthful and are freely given without any offer of payment.
Student acknowledges that he/she/they has read this Agreement, fully understands its terms, and has either consulted an attorney or at their sole discretion elected not to do so.
Student agrees to this Terms of Membership, Release of Liability, & Assumption of Risk Agreement freely and voluntarily, without any inducement.
Last Updated: February 10, 2025