Between BREATHE IN EXPERIENCES (PTY) LTD, with company registration number 2023 / 506420 / 07, hereafter referred to as

Breathe In

And, the client or any person engaging in and/or observing events organised by Breathe In, hereafter referred to as the

Participant/Observer

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Breathe In and the Participant/Observer have entered into an agreement in terms whereof Breathe In has allowed the Participant/Observer to attend its organised events on the terms and conditions below. 

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The Participant/Observer understands that participation in, or observing of the activities and events organised by Breathe In includes certain dangers and risks. This is an agreement to comprehensively release and hold harmless Breathe In from any claims arising out of participation and/or observation in one or more of its activity events and/or performance of such activities by the participant/observer thereafter. This agreement makes the Participant/Observer’s assumption of risk complete and their release of Breathe In from liability comprehensive, since it applies to all activity with and related to Breathe In including: yoga practice; traversing terrain; camping; bouldering, climbing, belaying, ascending and descending; rescues; and the learning, practice and application of other climbing, yoga and outdoor adventure skills, as well as travel to, within and from particular destinations, whether on foot or otherwise.  

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The Participant/Observer acknowledges although Breathe In has taken reasonable steps to provide the appropriate equipment and skilled guides so The Participant/Observer can enjoy activities for which they may not be skilled, Breathe In has informed the Participant/Observer that these activities are not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of the activities and can be the cause of loss or damage to equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. Breathe In does not want to frighten the Participant/Observer or reduce their enthusiasm for the activities, but believes it is important for the Participant/Observer to know in advance what to expect and to be informed of the inherent risks. 

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The following describes some, but not all, of those risks:

• Injury or death sustained in a fall or hitting oneself against a rock, wall (when climbing indoors) or floor; including any object(s) resting on the floor.

• Injury or death due to falling climbers or objects.

• Cuts and abrasions resulting from bodily contact with the rock or climbing wall.

• Experiencing discomfort or sustaining injury as a result of performing yoga postures, including transitioning in and out of positions.

• Experiencing negative psychological and/or physical effects from the stresses inherent in multi-day group travel and climbing.

• The possibility of rapid weather deterioration and the limiting or cancelling effect this may have on outdoor activities.

• Experiencing negative impacts that may result from spending extended time outdoors, exposed to the natural elements, such as but not limited to sunburn, dehydration, heat-stroke and exhaustion.

• Encounters with potentially harmful inhabitants of mountainous environments including but not exclusive to; snakes, scorpions, spiders, and baboons.

• In the case of injury or illness in the mountains, there may be a need for evacuation or medical treatment when none is available on a timely basis. Because evacuation and/or medical treatment may not be available, there may be a need for the guide or instructor to provide treatment such as the cleaning and closure of wounds; the splinting of strains, sprains, or breaks; and other medical practices or first aid without the direction or supervision of a physician.

• Failure to listen to and obey any instructions issued by guides and instructors of Breathe In

The Participant/Observer’s participation in these activities is purely voluntary, no one is forcing participation, and the elect to participate in spite of and with full knowledge of the inherent risks. The Participant/Observer acknowledges that engaging in these activities may require a degree of skill and knowledge different from other activities and that they have responsibilities as a participant. The Participant/ Observer acknowledges that the staff of Breathe In has been available to more fully explain the nature and physical demands of the activities and the inherent risks, hazards, and dangers associated with the activities.

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The Participant/Observer certifies that they are fully capable of participating in these activities. Therefore, they assume and accept full responsibility for themselves, including all minor children in their care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of their negligence in participating in this activity.

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The Participant/Observer understands and recognizes that there is a significant element of danger and risk in climbing, yoga and mountaineering and they accept and assume those risks. The Participant/Observer certifies that they have adequate insurance to cover any injury or damage they may cause or suffer while participating, or else they agree to bear the costs of such injury or damage themself. The Participant/Observer further certifies that they are willing to assume the risk of any medical or physical condition that they may have. In the event that injury or illness renders The Participant/Observer unconscious or if they are otherwise unable to make judgments or decisions on their own about whether to accept first aid treatment, The Participant/Observer hereby authorise Breath In instructors, guides, and other personnel to administer first aid without the supervision of a physician and according to their own judgement, and including but not limited to any or all of the following: the dispensing and administration of prescription drugs; the cleaning, closure, and bandaging of wounds; the splinting and bandaging of strains, sprains, and breaks; the administration of cardio/pulmonary resuscitation; the administration of artificial respiration; the application of tourniquets; and moving The Participant/Observer to another place in hopes of improving safety and/or that of the person(s) helping, notwithstanding my injured condition.

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In consideration of the services received from Breathe In, The Participant/Observer assumes the risks indicated above and releases Breathe In from any, and all claims, damages, liability, expense, or cost of any kind that may arise out of the services and/or other arrangements provided. The Participant/Observer hereby voluntarily releases, holds harmless, and agrees to fully indemnify and defend Breathe In from any claims or demands arising from The Participant/Observer’s actions or omissions in connection with the activities described here and/or with the other arrangements provided, whether negligently or otherwise. In defending against any such claims, The Participant/Observer will employ competent lawyers of their choosing on behalf of Breathe In, subject to Breath In’s consent (which will not be unreasonably withheld), and The Participant/Observer will keep Breath In apprised of all significant developments regarding such claim. The terms hereof serve also as a release of liability and an assumption of risk by The Participant/Observer’s heirs, executors, administrators, assigns, and members of family. 

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The Participant/Observer understands that Breathe In acts not as agent but only as coordinator between myself and the companies providing transportation, accommodations, and other services used in conjunction with the programs, and that all these services are subject to terms and conditions set by those companies. In accepting such services, The Participant/Observer agrees that Breath In shall not be held responsible or liable for any claims, damages, liability, expense, or cost of any kind that may arise out of those services.

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If Breathe In incurs attorney’s fees or costs to enforce this agreement (whether suit is brought), The Participant/Observer agrees that Breath In shall be entitled to recover from The Participant/Observer all such fees and costs. The Participant/Observer agrees that in the event any part or portion of this agreement is found to be void or unenforceable, then such part or portion will be stricken but the rest of the agreement will be given full force and effect.

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Pictures and video content may be taken of the Participant/Observer during their engagement in events and activities organised by Breath In. This content may be used for marketing purposes both electronically and in print. If the Participant/Observer does not want to be featured, they assume responsibility of informing the relevant guides and instructors to refrain from including them in pictures and videos. 

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The Participant/Observer understands that instruction, advice and guidance given by guides and instructors is not a substitute for medical attention, examination, diagnosis or treatment. The Participant/Observer will make guides and instructors aware of any medical conditions or physical limitations prior to engagement in activities. If the Participant/Observer is pregnant, becomes pregnant or I am post-natal or post-surgical, their signature verifies that they have their physician’s approval to participate.

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