We are delighted to have you join us at Elemental Rhythm and Breathwork (“we”, “us”, or “Elemental”). Our vision is to transform the lives of all people who come through our centers; no matter what stage of life or state of being, we will assist and support your optimization process. The purpose of these terms of use (these “Terms”) is to communicate the mutual obligations that are shared. These Terms represent an agreement between Elemental Rhythm and Breathworks Inc. and govern your use of our websites at www.elementalrhythm.com, and any other sites created by us from time to time (the “Sites”). By participating in the services or using the products provided by us (the “Services” and “Products”), you agree that you have read, understood, and agree to be bound by and comply with these Terms.
1. SERVICES
Elemental grants you a non-exclusive, non-transferrable, non-assignable, revocable license to use the Services and Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund and without canceling your obligation to make installment payments where applicable, if we determine in our sole discretion that you have breached or violated any of the provisions of these Terms.
2. REGISTRATION
In order to use certain features of the Sites, you may be required to create and register an account (“Account”). You must provide accurate, current, and complete information during the registration process and keep your Account up-to-date at all times. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without your authorization. You are liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of these Terms. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of these Terms. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. BILLING
If you create an Account or purchase any Service or Product that requires a subscription or other form of payment, including any purchase of gift cards (“Fees”), we will automatically bill you from the date you open the account based on the plan you choose, and continue to bill you accordingly until cancellation or termination, including any final billing period based on the timing of such cancellation or termination. You are responsible for the timely payment of all Fees and for providing valid credit card or payment account details for payment of all Fees. If there are any payment issues related to Fees due, we reserve the right to unilaterally revoke or restrict access to your Account or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must update your information directly with the payment processor; this may temporarily disrupt your access to the Website or any other Sites while we verify your new payment information. All Fees are payable in U.S. Dollars, unless otherwise specified. We may change the Fees for any Website, including one of the Sites (excluding pre-paid plans for the pre-paid billing period) or for any Product or Services at our discretion. We will endeavor to provide you with advance notice of these changes via a message to the email address associated with your Account, provided, however, any failure to provide advance notice of shall not prevent any such changes.
4. FREE TRIAL
Usage of the free trial, if offered, is only permitted on a one time use basis for each individual. This is not to be abused and enrolled in using multiple Accounts or multiple emails. If you enroll in free trials using multiple Accounts or if we otherwise suspect that you have circumvented these rules, then we reserve the right to revoke or restrict access to all your Account(s) or to terminate all your Account(s). Once your free trial period ends, you will be automatically charged the amount that was agreed upon checkout. If you agreed to pay a recurring amount, then your payments will continue as long as you are subscribed.
5. REFUNDS
Unless otherwise stated, each Product has a 7-day refund policy, wherein you are eligible to request a refund if you are dissatisfied with the Product within 7 days of the Purchase. Some of the Products sold by Us on this Site have their own refund policy noted on the sales page and / or check-out page, in which case those terms shall prevail. If you have questions about a specific policy, please email us at breathe@elementalrhythm.com before you purchase. If you receive a refund for a Product, you will have no further right to use that Product. We may at our sole discretion determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.
6. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly, including your active video involvement through Zoom or other video-based webinar platforms for which you may be visible throughout the course session, or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media (including recording of the above noted video-based course sessions) now known or hereafter devised, in connection with our provision or promotion of information products or services. You further acknowledge and agree that by enrolling in and taking any course(s), that your video image and likeness, name and involvement in any manner may be captured and subsequently displayed within our video library.
7. YOUR CONDUCT
You agree that you will not: (i) use the Services in a manner that (a) violates any applicable international, federal, state, provincial or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is unethical, threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances; (ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products; (iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information; (iv) violate or attempt to violate the security of the Services; (v) reverse engineer, decompile or disassemble any portion of the Services; (vi) “scrape” information from the Services by automated means; (vii) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services; (viii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or (ix) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms. In addition to the foregoing, you hereby agree that your use of the Services or Products and your participation in any certification programs offered by Elemental does not equate to an affiliation with Elemental, and that you are hereby prohibited from representing to any third party that you are affiliated with Elemental except with the express written permission of Elemental, or under a separate agreement with Elemental (for which the Terms and Conditions contained herein will form a part of said agreement).
8. PROPRIETARY RIGHTS
As between you and us, we own the Services, including the Products, and any and all graphics, videos, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Elemental, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to Canadian and U.S. copyright laws, international conventions, and other copyright laws. Elemental retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
9. REPRESENTATIONS AND WARRANTIES
If you have chosen to or allowed Content to be shared or uploaded, including testimonials, you represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
10. INDEMNITY
You agree to indemnify, defend and hold harmless Elemental and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your Account(s) of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Elemental reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
11. DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL ELEMENTAL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, ELEMENTAL’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (i) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (ii) $100.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY ELEMENTAL OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE. IF YOU OR SOMEONE YOU LOVE IS EXPERIENCING DANGEROUS OR SUICIDAL THOUGHTS, REACH OUT TO YOUR LOCAL MEDICAL AUTHORITY OR LOCAL SUPPORT HOTLINE.
12. LAW; JURISDICTION
These Terms shall be governed by the laws of Canada & the United States of America, as they are applicable to you. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE PROVINCE OF ONTARIO.
13. PRIVACY
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.
14. CHANGES
We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to breathe@elementalrhythm.com. Please include:
- Your telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. LINKS
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
17. ASSUMPTION OF RISKS
YOU HEREBY CONFIRM THAT BY PARTICIPATING IN SERVICES OR BY USING THE PRODUCTS THAT YOU ARE PHYSICALLY, EMOTIONALLY, AND MEDICALLY CAPABLE OF PARTICIPATING IN THE FOREGOING ACTIVITIES. YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND THAT THESE ACTIVITIES INVOLVE MANY RISKS, DANGERS, HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), EMOTIONAL LOSS, AND/OR OTHER RELATED RISKS. BY PARTICIPATING IN ANY ACTIVITIES OFFERED BY ELEMENTAL, INCLUDING THROUGH THE SERVICES AND PRODUCTS, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IS VOLUNTARY AND THAT YOU FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE FOREGOING RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, WHETHER OR NOT EXPRESSLY LISTED IN THIS AGREEMENT AND WHETHER KNOWN OR UNKNOWN, AS WELL AS ANY OTHER OUTCOMES WHICH MAY ARISE OUT OF THE ACTION, INACTION, OR NEGLIGENCE OF ANY PARTY, INCLUDING ELEMENTAL.
18. WAIVER AND RELEASE
In consideration of your participation in any of the Activities and by signing this form, you and your heirs, executors, administrators, assigns, and personal representatives hereby forever release, waive, discharge, indemnify, hold harmless and covenant not to sue Elemental and its owners, directors, officers, employees, agents, members, managers, partners, instructors and representatives (collectively, the “Released Parties”) from all injuries, damages, losses, expenses, attorneys’ fees, settlements, liabilities, claims, suits and causes of action which may result from my participation in the Activities, and which may affect me and/or the Released Parties. I knowingly and voluntarily enter into this Waiver and acknowledge that I have read and understood this Waiver and assumption of risks, its contents, and its impact.
19. PROTECTED MATERIAL
By becoming a member of this platform, and/or by using the Sites, you agree that you will not distribute, copy, or create any content that is recognizably similar to any content within Elemental without the express consent of Giovanni Bartolomeo or Elemental itself. By agreeing to these conditions, you hereby accept any and all material pertaining to Giovanni's work (courses, workbooks, webinars, or any other Elemental content) as owned solely by Giovanni Bartolomeo, and you will not replicate it, nor the name or likeness of Giovanni Bartolomeo in any form.
20. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and Elemental as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Elemental with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Elemental may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Elemental shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Elemental. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Elemental. Notices to us shall be sent by email to breathe@elementalrhythm.com
Safety and Contraindications
Welcome to the Elemental Rhythm Breathwork. Breathwork and this website in general has the potential to change your life, so my best recommendation is to take it seriously and try your best. With daily practice, we have personally witnessed massive transformations in a wide range of people with different ages, occupations, states of health and stress levels.
The following disclaimer is based upon our most intense breathwork courses. We personally feel these are the extreme potential outcomes however we want everyone to be aware of them and if you have any concerns or questions to speak with a health care practitioner or doctor.
In over 5 years of training and facilitating The Elemental Rhythm Breakthrough Experience, we have never seen or heard of anyone getting injured or having a serious contraindication using breathwork. The scientific literature also strongly supports this.
A report from 2013 documented the results of 11,000 people over 12 years who participated in a certain type of intense breathwork sessions experienced no negative effects. In addition to the many benefits that were observed, no adverse reactions were reported. This makes breathwork a low-risk modality. In fact, there have been NO reported cases in the research or literature of any reported incidents of things like strokes, heart attacks, etc. happening from breathwork.
Advanced Breathwork has the potential to bring about intense feelings. Because of the strong physical and emotional releases that may arise, it’s not recommended for some people. Please talk to your doctor before practicing this type of breathing.
General Safety Tips
Whenever practicing breathwork, it is important to be situated in a safe environment. In some cases you may experience dizziness or feel light headed, in some cases – although rare – you may lose consciousness. Therefore we recommend lying on the floor or in an area that you will not hurt yourself if you fall. It is also important that you never perform while driving, in water (drowning can occur) on in any situation that passing out could harm yourself or others.
Contraindications to be aware of:
If you have any of the below or are unsure please consult with a health care professional before participating in any class, video or online course on this website. Breathwork is not advised for persons with a history of cardiovascular disease, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries or surgery without first speaking with a medical professional.
Breathwork is not advised for persons with severe mental illness or seizure disorders or for persons using major medications. It is also unsuitable for anyone with a or family history of aneurysms. Pregnant women are advised against practicing breathwork without first consulting and getting approval from their primary care physician. Persons with asthma should have their inhaler present at all times and consult with their primary care physician.
I acknowledge that I have read and agreed to the terms above, and if necessary consulted with my doctor and/or healthcare provider prior to participation in the activity and in particular have discussed without limitation the above risk conditions before taking any courses, videos or classes.
