Mindset University LLC and Lotus Banks

Breathwork Session Waiver and Release of Liability

Effective Date: May 24, 2025

MINDSET UNIVERSITY BREATHWORK SESSION

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in virtual breathwork sessions facilitated by Mindset University LLC and Lotus Banks (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Lotus Banks, Mindset University LLC, their affiliates, managers, members, agents, attorneys, staff, contractors, heirs, representatives, partners, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, MY CURRENT PHYSICAL OR MENTAL HEALTH CONDITION, OR THE NATURE OF THE BREATHWORK PRACTICE ITSELF. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I agree to indemnify and hold harmless Lotus Banks, Mindset University LLC, and ALL affiliates against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Lotus Banks or Mindset University LLC incurs any of these types of expenses, I agree to reimburse them fully.

I acknowledge that Lotus Banks, Mindset University LLC, and their directors, officers, contractors, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific activity on behalf of Lotus Banks or Mindset University LLC.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by my current health condition, pre-existing medical or psychological conditions, my physical environment during participation, equipment failure, lack of proper supervision in my personal space, and my own actions during the breathwork session.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE LOTUS BANKS, MINDSET UNIVERSITY LLC, AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, PARTNERS, AGENTS, ATTORNEYS, STAFF, CONTRACTORS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST LOTUS BANKS OR MINDSET UNIVERSITY LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Lotus Banks, Mindset University LLC, its agents, and contractors.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

When purchasing access to this breathwork session, you enter into this agreement and consent for Lotus Banks and Mindset University LLC to use recordings, images, and/or testimonials for advertising and marketing purposes. I understand that this content may be made public and posted/shared on social media platforms and other marketing channels.

This Agreement was entered into at arm's length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Lotus Banks/Mindset University LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

CONTRAINDICATIONS FOR BREATHWORK

Breathwork is a powerful modality that creates profound shifts in your nervous system, emotional state, and physical body. However, it is not appropriate for everyone. Different breathwork techniques carry different levels of intensity and risk. Active, rapid breathing techniques may be contraindicated for individuals with certain health conditions, while gentler, slower breathwork practices may be safe and beneficial.

It is your responsibility to consult with your healthcare provider (including any mental health provider) before participating in any breathwork session facilitated by Mindset University LLC or Lotus Banks.

Following is a list of some of the most common contraindications for breathwork:

  • Cardiovascular problems or heart disease

  • High or abnormal blood pressure

  • History of aneurisms

  • Epilepsy or history of seizures

  • Anyone on heavy psychiatric medication

  • Severe psychiatric symptoms, particularly psychosis or paranoia

  • Bipolar disorder (particularly during manic episodes)

  • Osteoporosis

  • Recent surgery (within the last 6 months)

  • Glaucoma or retinal detachment

  • Pregnancy (first trimester or high-risk pregnancy)

  • Active addiction or substance abuse

  • Any person with mental illness who is not currently in treatment or lacks adequate support

  • History of severe trauma without therapeutic support

Breathwork can result in intense physical and emotional release. Therefore, it 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 surgeries. Breathwork is not advised for persons with severe mental illness, seizure disorders, or for persons using major psychiatric medications without medical clearance. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant individuals are advised against practicing active breathwork without first consulting and receiving approval from their primary care physician.

By purchasing and participating in this breathwork session, you affirm that you do not have any of the above contraindications, or that you have received medical clearance from your healthcare provider to participate.

VIRTUAL SESSION ACKNOWLEDGMENT

I understand that I am participating in a virtual breathwork session and that I am solely responsible for creating a safe physical environment for my participation. I agree to:

  • Participate in a safe, comfortable space where I can lie down if needed

  • Ensure I am not operating any vehicle or machinery during the session

  • Ensure I am not responsible for the care of children or dependents during the session

  • Have access to water and any necessary comfort items

  • Discontinue the practice immediately if I experience any concerning physical or emotional symptoms

I understand that Lotus Banks and Mindset University LLC cannot monitor my physical condition during virtual sessions and that I am responsible for my own wellbeing and safety throughout the practice.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely entering into this agreement by purchasing access to and/or attending this breathwork session. I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to it of my own free will. By purchasing access to and/or participating in this session, I acknowledge that I have been sufficiently informed of the risks involved and give my voluntary consent in total agreement to this release of liability as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.

Participant Acknowledgment:

By completing your purchase on our website, you acknowledge that you have read, understood, and agree to this Waiver and Release of Liability in its entirety.

For questions regarding these Terms, please contact:

Mindset University Support

Email: hello@mindset-university.com

Website: www.mindset-university.com

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