Services. Pursuant to these terms, conditions and limitation of liability and limited warranty (the "Agreement") Breathe Barn, LLC and/or its owners, managers, members, employees, instructors, contractors, and/or agents (collectively "Breathe Barn", “Our”, “We”) will provide the yoga, pilates, and/or sound healing classes, workshops and services (collectively the "Services") that were booked and scheduled for the individual using the Services (the “Client”, “You”, “Your”). By accessing and using the Services, the Client agrees to comply with and be bound by this Agreement.  

Pricing and Payment.  The pricing for the Services is listed on Breathe Barn’s website: https://www.breathebarn.com/ (the “Site”) and the specific fees owed by the Client to Breathe Barn for the Services (the “Fees’) were displayed on the Site when the Services were selected and booked for the Client through the Site.  All Fees will be paid by Client before Breathe Barn provides the Services and all sales are final and non-refundable. Late payments or returned checks are charged an annual compound interest rate of eighteen percent 18% per annum plus any additional fees incurred by Breathe Barn.  

Reservations and Cancellations.  All reservations and bookings for the Services must be made through Our online scheduling platform that is available through the Site.  You may cancel Your reservation up to twenty-four (24) hours before any class or program without penalty.  Client will pay the Fees owed to Breathe Barn for any cancellation within twenty-four (24) hours of the cancelled class or program.  Any package for Services must be used within twelve (12) months of the date the package for Services was purchased. Breathe Barn reserves the right to modify, substitute, or cancel classes, instructors, or schedules at any time, including last-minute changes due to instructor illness, emergencies, or unforeseen circumstances. In such cases, Breathe Barn will make reasonable efforts to notify affected clients as soon as possible. No refunds or credits will be issued for schedule changes, instructor substitutions, or temporary studio closures beyond Our control.   

Client's Representations and Warranties. The Client represents and warrants that: (a) Client is physically fit and able to participate safely in the mental and physical activities required by the Services and has consulted with a physician before participating in any class or program that is part of the Services and (b) Client will notify Breathe Barn of any injuries, disabilities, health concerns or conditions (Including pregnancy) prior to participation in any class or program that is included in the Services.  

Change Order/ Modifications. No modifications or additional services shall be provided by Breathe Barn without written authorization and approval by both parties. Any additional services shall become part of this Agreement, and all terms and conditions of this Agreement shall apply to any additional services, except that the Services and the Fees shall be modified to include the additional services and costs.

Code of Conduct.. Breath Barn strives to maintain a safe, respectful and inclusive environment. Each Client agrees to (a) Treat instructors, staff and fellow clients with kindness and respect; (b) Refrain from harassment, discrimination or disruptive behavior; (c) Arrive on time, ideally at least 10 minutes before class begins.  Entry is not permitted for more than five (5) minutes after class or the program starts; (d) Store personal belongings responsibly.  Breathe Barn is not responsible for lost, stolen or damaged items; and (e) Abide by any reasonable rules and policies of Breathe Barn.

Children’s Use.  Children 10+ years of age may participate in the generally available yoga/fitness classes when accompanied by his/her parent at all times with a liability waiver signed by a parent or legal guardian. Children 16 years of age or older may come unaccompanied by his/her parent upon reception of a liability waiver signed by a parent or legal guardian. Normal fees apply. Breathe Barn reserves the right to discontinue usage for any person whose behavior is offensive to any other person or to a child who is unsupervised.

Intellectual Property.  All Breathe Barn content, including but not limited to logos, videos, photos, written material, and Site content, is the intellectual property of Breathe Barn, LLC. You may not copy, reproduce, or use this content without prior written consent.

Waiver of Claims of Defective Equipment. Client understands and acknowledges that Breathe Barn does not manufacture any of the fitness or other equipment at its facilities, but purchases or leases equipment from third parties. As such, You understand and acknowledge that Breathe Barn is providing solely recreational services and may not be held liable for defective products.

Medical Disclaimer.  Our Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by Your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian, or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information You receive during or in Our classes or programs. Do not stop taking any medications without speaking to Your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If You have or suspect that You have a medical or mental health issue, contact Your own health care provider promptly. Breathe Barn does not provide health care, medical or nutrition therapy services or attempt to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. Breathe Barn is not giving medical or psychological advice whatsoever.

Use of Name and Image Consent. Client hereby consents to the use and publication by Breathe Barn of photographs and/or videography which may be taken while participating in the Services and to use and publish Client’s name and image, free of charge, for all purposes and in all formats, in connection with any and all promotions, including but not limited to promotional photos and videos, Internet use, social media, slide presentations, advertising or brochure inclusion, and hereby release Breathe Barn, in perpetuity, from any and all present or future claims for compensation or other damages as a result of such use, or from any liability due to any cropping or editing, that may occur, in the taking, processing, editing or publication of such photographs. 

Breathe Barn’s Disclaimer of Warranties. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  YOU AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Release and Waiver of Liability; Assumption of Risk and Indemnity Agreement.  CLIENT UNDERSTANDS THAT BREATHE BARN IS HERE TO SERVE YOU BY SHARING KNOWLEDGE OF YOGA, PILATES, SOUND HEALING AND HEALTH AND ANY RELATED ACTIVITIES TO PROMOTE WELLNESS (“PHYSICAL ACTIVITIES”). IN CONNECTION WITH CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES, CLIENT UNDERSTANDS, ACKNOWLEDGES AND AGREES AS FOLLOWS: (A) PARTICIPATION IN THE PHYSICAL ACTIVITIES IS COMPLETELY VOLUNTARY AND IT IS SOLELY CLIENT’S DECISION TO PARTICIPATE IN SUCH ACTIVITIES; (B) THE PRACTICE OF YOGA, PILATES AND SOUND HEALING INVOLVE PHYSICAL MOVEMENT AND EXERCISE WHICH MAY FROM TIME TO TIME BE STRENUOUS, AND THAT SUCH PRACTICE CARRIES SOME RISK OF INJURY. CLIENT IS QUALIFIED, IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE PHYSICAL  ACTIVITIES. CLIENT UNDERSTANDS THAT CLIENT MUST JUDGE YOUR OWN CAPABILITIES WITH RESPECT TO PRACTICING YOGA, PILATES AND OTHER ACTIVITIES AT BREATHE BARN AND WILL ONLY PARTICIPATE IN THE APPROPRIATE LEVEL OF CLASSES THAT ARE WITHIN CLIENT’S LIMITS AND CAPABILITIES. CLIENT ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THAT THERE IS NO MEDICAL OR OTHER REASON PREVENTING CLIENT FROM PARTICIPATING IN THE PHYSICAL ACTIVITIES. IF CLIENT IS PREGNANT, CLIENT SHALL ONLY PARTICIPATE IN THE PHYSICAL ACTIVITIES AFTER CLIENT HAS DISCUSSED THE POTENTIAL RISKS WITH CLIENT’S OBSTETRICIAN. CLIENT SHALL FOLLOW CLIENT’S OBSTETRICIAN’S ADVICE AND INSTRUCTIONS ABOUT WHETHER AND TO WHAT EXTENT YOU CAN PARTICIPATE IN THE PHYSICAL ACTIVITIES. CLIENT AGREES THAT CLIENT (AND CLIENT’S SPOUSE/PARTNER, HEIRS, AND GUARDIANS) WILL HOLD BREATHE BARN  HARMLESS FOR ANY POSSIBLE INJURY TO CLIENT, YOUR SPOUSE/PARTNER, HEIRS, GUARDIANS AND/OR YOUR CHILD/FETUS; (C) IF CLIENT BELIEVES ANY CONDITIONS ARE UNSAFE, YOU WILL IMMEDIATELY DISCONTINUE PARTICIPATION IN THE PHYSICAL ACTIVITIES; (D) IT IS CLIENT’S RESPONSIBILITY TO INFORM THE INSTRUCTOR IMMEDIATELY IF AN INJURY OCCURS IN CONNECTION WITH THE PHYSICAL ACTIVITIES; (D) THAT PARTICIPATION IN PHYSICAL ACTIVITIES INVOLVES RISKS OF SERIOUS BODILY INJURY AND POSSIBLY DEATH, WHICH MAY BE CAUSED BY MY OWN ACTIONS OR INACTIONS OR THOSE OF OTHERS PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT IS  VOLUNTARILY PARTICIPATING IN THE PHYSICAL ACTIVITIES WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT FULL RESPONSIBILITY FOR ANY/ALL INJURY OR DEATH, INCLUDING WITHOUT LIMITATION, PERSONAL, BODILY OR MENTAL INJURY, ECONOMIC LOSS OR ANY DAMAGE THAT CLIENT SUFFERS RESULTING FROM THE ACTS OF ANYONE AT, OR ACTING ON BEHALF OF, BREATHE BARNE; (E).AS CONSIDERATION FOR CLIENT BEING PERMITTED TO PARTICIPATE IN THE PHYSICAL ACTIVITIES, CLIENT (AND CLIENT’S SPOUSE/PARTNER, HEIRS, GUARDIANS, AND LEGAL REPRESENTATIVES) HEREBY RELEASE BREATHE BARNE LLC, AND ITS CURRENT AND FORMER OWNERS, INSTRUCTORS, PARTNERS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, INSURERS, AGENTS AND REPRESENTATIVES AND THE OWNERS/LESSORS OF THE PREMISES WHEREIN THE PHYSICAL ACTIVITIES TAKE PLACE (COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL LIABILITY AND CLAIMS FOR DAMAGES ARISING OUT OF, RELATING TO AND/OR BY REASON OF CLIENT’S VOLUNTARY DECISION TO PARTICIPATE IN THE PHYSICAL ACTIVITIES INCLUDING THE USE OF ANY EQUIPMENT OR THE FACILITIES. CLIENT FURTHER AGREE THAT, CLIENT (AND CLIENT’S SPOUSE/PARTNER, HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES) WILL NOT MAKE A CLAIM AGAINST, SUE, OR ATTACH THE PROPERTY OF BREATHE BARN OR RELEASEES FOR INJURY OR DAMAGE RESULTING FROM THE NEGLIGENCE, MISCONDUCT OR OTHER ACTS OR OMISSIONS, HOWSOEVER CAUSED, BY ANY EMPLOYEE, AGENT, OR CONTRACTOR OF BREATHE BARN AS A RESULT OF MY PARTICIPATION IN THE PHYSICAL ACTIVITIES. IF CLIENT, OR ANYONE ACTING ON YOUR BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASEES, CLIENT WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE OR COSTS WHICH MAY INCUR AS A RESULT OF SUCH CLAIM..

Choice of Law. This Agreement shall be governed, construed and interpreted in accordance with Massachusetts law, notwithstanding any conflicts of laws principles that would choose the laws of a different state.

Dispute Resolution. The parties shall settle any dispute, controversy or claim relating to this Agreement or the Services (collectively a “Dispute”) through good faith negotiation. If the parties fail to resolve any Dispute through good faith negotiation, the Dispute shall be exclusively brought in the state and federal courts serving Middlesex County, Massachusetts and the parties waive any objection on the ground of forum non-conveniens. 

Severability/No Waiver. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or unenforceability of any other provision of this Agreement, which shall remain in full force and effect. If Breathe Barn does not enforce any right in the Agreement for any reason, Breathe Barn does not waive its right to enforce it later. 

No Assignment. Neither party shall assign this Agreement or any of its rights or interests or obligations herein by operation of law or otherwise, without the prior written consent of the other party. Any attempted assignment in contravention of this paragraph shall be void ab initio.

Limitation of Liability and Remedies. BREATHE BARN LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), OR OTHER THEORY, EVEN IF BREATHE BARN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, IF BREATHE BARN LLC IS FOUND LIABLE TO ANY CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE) OR OTHER THEORY, ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, BREATHE BARN LLC'S LIABILITY IS LIMITED TO THE FEES PAID BY CLIENT TO BREATHE BARN LLC FOR THE  SERVICES.

Entire Agreement. This Agreement constitutes the entire agreement between the parties. Any prior agreement or representations not expressly set forth herein are of no force or effect.

Termination. Breathe Barn may terminate this Agreement at any time if Breathe Barn determines, in its sole discretion, that You violate this Agreement or engage in behavior deemed unsafe, disrespectful, or inconsistent with Our community standards.