These terms and conditions were last modified on [Insert Date].

Risk & Liability

A) General Terms & Conditions

B) Terms of Use

A. General Terms & Conditions

Below you will find the general Terms & Conditions for “Briza Breath and Performance.” If you wish to use any of our products or services, including our website or other online spaces, you must agree to, conform to, and be legally bound by the terms and conditions described below. These terms and conditions were last updated on [Insert Date]. If you disagree with any of these terms and conditions, please refrain from using this app.

1. Definitions and Applicability

1.1 These terms and conditions have been drafted by [Your Company Name], with offices located at [Your Company Address], registered under [Company Registration Number].

1.2 Deviations from and additions to these general terms and conditions are only valid if agreed upon, in writing, by all parties involved.

1.3 In these terms and conditions, the following terms are to be understood under their subsequent definition:

a. User: Any individual or entity who has accessed or used the “Briza Breath and Performance” app or its associated services.

b. Company: [Your Company Name], with offices located at [Your Company Address], registered under [Company Registration Number].

1.4 The applicability of any alternate terms or conditions is explicitly rejected.

1.5 Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by e-mail, web, or comparable forms of data transmission.

1.6 A user who accesses the “Briza Breath and Performance” app under these Terms & Conditions accepts their applicability to subsequent interactions and engagements with the Company.

1.7 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions will remain unaffected. The Company and the User will, in that case, enter into consultations with the aim of agreeing on new provisions to replace the invalid provisions, whereby the purpose and intent of the invalid or void provisions are to be observed as much as possible.

1.8 Our privacy policy is part of, and subject to, these terms and conditions. Our privacy policy can be found within the “Briza Breath and Performance” app.

1.9 Our anti-spam policy is part of, and subject to, these terms and conditions. Our anti-spam policy can be found within the “Briza Breath and Performance” app as part of our privacy policy.

1.10 These terms and conditions are subject to change. If and when any changes are made, they are effective immediately and will be communicated clearly within the “Briza Breath and Performance” app. If you disagree with the changes that have been made, you should discontinue using our app.

1.11 We may terminate these terms and conditions for any reason and at any time without prior notification. If you are concerned about these terms and conditions, you should review them each time before you use our app. Any questions or concerns should be directed to our attention via e-mail, clearly outlining the particulars.

2. Offer and Acceptance

2.1 We do not provide services or sell products to children. If you are below the age of 18, you may use our app only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other app users without the permission and supervision of a parent or legal guardian.

2.2 You understand and agree that your use of our app is limited and non-exclusive. We may terminate your license to access and use our app, for any reason, and without prior notification.

2.3 All offers and other statements by the Contractor (hereafter referred to as “Briza Breath and Performance”) are non-committal unless explicitly stated in writing by Briza Breath and Performance.

2.4 The User is responsible for the accuracy and completeness of information provided to Briza Breath and Performance, either directly or on behalf of Briza Breath and Performance. Briza Breath and Performance will formulate offers and services based on this information. The User must ensure that the requirements to be met by Briza Breath and Performance are clear, accurate, and complete.

2.5 The (mere) submission of pricing, estimates, or similar information, with or without a quotation, does not obligate Briza Breath and Performance to enter into an agreement with the User.

2.6 Registration via the app only leads to an agreement if the entry form is completed, and full payment is received by Briza Breath and Performance.

2.7 Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, Briza Breath and Performance is free to refuse the User’s application and may offer an alternate activity. Briza Breath and Performance is not obliged to compensate for any damages incurred by the User.

3. Price and Payment

3.1 All prices are exclusive of sales tax (VAT) and other government-imposed charges, unless explicitly stated otherwise. All prices are in Euros, and the Customer must make all payments in Euros, unless agreed upon otherwise.

3.2 All cost estimates and budgets issued by the Company are provisional, unless explicitly stated otherwise by the Company. A User cannot claim any rights or expectations based on cost estimates issued by the Company. The available budget, calculated by the User and communicated to the Company, cannot be regarded as the agreed-upon price for the services to be performed by the Company. The Company is obliged to notify the User if costs exceed the estimate or budget issued by the Company, unless a written agreement to the contrary has been reached between the parties.

3.3 If the Customer consists of several natural persons and/or legal persons, each of those persons is jointly and severally obliged under the agreement to pay the amounts due.

3.4 With regard to the services performed by the Company, and the amount owed by the Customer, the relevant documents and information from the administration or systems of the Company will be regarded as complete evidence, without prejudice to the right of the Customer to provide proof to the contrary.

3.5 Payments are to be completed all at once, unless expressly agreed upon otherwise in writing.

3.6 If the Customer and Company have come to an agreement with regard to payment in installments or on-going recurring payments, the Company is within rights to adjust the relevant prices and rates with a 60-day notice before this adjustment. If the Customer does not accept the adjustment, the Customer is entitled to termination of the agreement in writing. The Customer must object within 30 days of being notified of the agreement. The agreement will be terminated on the date on which the adjustment would have come into effect. The Customer is not entitled to termination if the parties have agreed in writing that the applicable prices and rates shall be adjusted in compliance with an agreed-upon index or other measure.

3.7 The parties shall set the date or dates on which the Company will charge the Customer with the fee for the agreed-upon services. Amounts due shall be paid by the Customer according to the agreed-upon conditions or the payment conditions listed on the invoice. In the absence of a specific provision, the Customer shall pay the fee within a set period of time after the invoice date, as determined by the Company.

3.8 The Customer is not permitted to suspend any payments or to offset any amounts owed.

3.9 In case of prepayment, the Company is entitled to deliver at the time of prepayment.

3.11 If the Customer, after a notice of default or reminder, fails to pay within the period specified in the notice, the user will loose the access to the Briza Breath & Performance that is paid, until they fix their outsanding payments.

4. Information, Documentation, and Confidentiality

4.1 The User must provide the Company with all relevant information about themselves and any participants registered by the User that may be necessary for the proper execution of the contract. This information should be provided no later than upon the conclusion of the agreement.

4.2 The User must provide the Company with pertinent information regarding any physical and/or mental conditions, including the use of alcohol, drugs, or medication, as these can lead to discomfort, danger, or risk to the User, the Company, other participants, or their belongings.

4.3 The User acknowledges that the Company may terminate the agreement immediately and without prior notice if the aforementioned information was not accurately or fully provided. In such a case, the Company is not liable for any adverse effects experienced by the User, including damages and/or injuries sustained by the User and/or third parties.

4.4 The User is required to carry all relevant documents on their person, such as a valid passport, identity card, travel permit, proof of inoculations and/or vaccinations, license, and any other necessary documentation. If an activity cannot proceed due to a missing document, the User is solely responsible for any and all direct consequences.

4.5 The User is responsible for obtaining any information and/or documents from the relevant authorities that are required for participation in our activities.

4.6 Both the User and the Company shall ensure that any data received from the other party that is known to be, or should reasonably be known to be, confidential, remains confidential. The party receiving confidential information shall only use it for its intended purpose. Information shall be considered confidential if one of the parties has designated it as such in advance.

5. Intellectual Property Rights

5.1 All content within the “Briza Breath and Performance” app is owned by us or our content suppliers. We, on behalf of ourselves and our content suppliers, assert all property rights, including intellectual property rights, for this content. Any attempts to infringe upon these rights will be prosecuted to the fullest extent of the law. You agree not to copy or use content from our app without our explicit permission. If you wish to use our content, please submit a request to us via email.

5.2 The Company retains sole ownership of all intellectual property rights pertaining to documents provided by the Company, including but not limited to drawings, models, materials, designs, illustrations, photographs, films, procedures, methods, texts, or any other common audiovisual, visual, or written documents or data carriers.

5.3 If you believe that your intellectual property rights have been violated, please notify us via email or postal mail. Provide a detailed description of the alleged infringement, including the factual and legal basis for your claim of ownership.

5.4 Unless otherwise stipulated in writing, the User does not acquire any claim to intellectual property rights related to documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual, and/or written documents or data carriers provided by the Company as part of the agreement. The Company does not transfer any intellectual property rights to the User, unless explicitly stated otherwise. The User may not record, publish, copy, or make public any content developed by the Company unless expressly agreed upon in writing.

5.5 The User shall promptly cooperate to facilitate the transfer of intellectual property rights to the Company. If deemed necessary by the Company, intellectual property rights shall be assigned by the User as part of the agreement or made available for acquisition by the Company for future use.

5.6 If the transfer of intellectual property rights by the User to the Company is legally unfeasible, the Company hereby grants an unrestricted, royalty-free, transferable, and non-exclusive license for the sole purpose of completing the said transfer, and only for the duration of the agreement. In the absence of a specified duration in the agreement, the User grants the Company the aforementioned license indefinitely. This license becomes effective upon the conclusion of the agreement.

5.7 Unless otherwise stipulated in writing or integral to the proper execution of the agreement, intellectual property rights related to documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual, and/or written documents or data carriers provided by the Company are not transferred to the User. The User is not permitted to record, reproduce, or disclose any of the aforementioned intellectual property without written permission from the Company. Copyright © [Year] Briza Breath and Performance.

5.8 Unless otherwise agreed upon in writing or unless integral to the agreement’s proper execution, the User is not allowed to externally advertise the Company’s trade name in any manner.

5.9 All provisions above, pertaining to the rights and obligations of the User regarding the intellectual property rights of the Company, equally apply to the intellectual property rights of Briza Breath & Performance

6. Adjustments

6.1 The Company reserves the right to modify any set dates and times at any time.

6.2 The User must check the activity’s start time 24 hours before it is scheduled to begin.

6.3 The Company has the discretion to amend the agreement immediately if, during an activity, the User is physically or otherwise incapable of continuing the activity, as determined solely by the Company. In such cases, the Company may offer an alternative program, alter the route, or cancel the User’s participation in the activity. The Company is not liable for any damage and/or injury incurred by the User. Furthermore, the Company is not obligated to refund payments made by the User as agreed upon in the contract. However, the Company reserves the right to make adjustments in cases of extreme circumstances, such as emergencies.

7. Dissolution, Termination, and Cancellation of the Agreement

7.1 Each party has the right to terminate the agreement when essential obligations from the agreement have not been fully met. The termination is permissible if the other party, after receiving a detailed written notice of default, with a reasonable time period for remedying the failure, fails to fulfill these essential obligations. Payments and other obligations that remain due according to the agreement are always considered essential obligations.

7.2 If, at the time of termination under Article 7.1, the User has already received the services agreed upon in the contract, these services and the associated financial obligations cannot be revoked. This is unless the User can prove that the Company has significantly failed to provide the agreed services. Payments invoiced by the Company prior to the termination of the agreement, related to services that have already been properly provided, remain immediately due and payable upon termination.

7.3 Any failures in the implementation of the agreement on the part of the Company must be reported by the User as soon as possible. Failings or inadequacies occurring during the activity must be reported immediately. The User must confirm the report promptly upon the conclusion of the activity. Other issues must be reported in writing by the User within 14 days of their occurrence. Failure to do so may result in the forfeiture of the User’s rights.

7.4 Agreements without a set expiration date, which have not ended automatically due to fulfillment of their requirements, may be terminated by either party after due consideration. Requests for termination must be made in writing, clearly stating the reasons. In the absence of a specified notice period in the agreement, a reasonable notice for termination by the Company is a minimum of two months.

7.5 The User is not authorized to prematurely terminate a service agreement or a contract entered into for a fixed period.

7.6 The Company may terminate the agreement in writing without notice, effective immediately, in whole or in part, if: the User has been granted suspension of payment (provisional or otherwise); the User has filed for bankruptcy; the User’s company has been liquidated or terminated for reasons other than reconstruction or merger; there has been a significant change in management over the User’s company. In cases where termination results from any of the aforementioned circumstances, the Company is not obligated to refund payments, nor is it liable for any damages. If the User declares bankruptcy, the User loses the right to use the software and websites in accordance with Dutch law.

7.7 The conditions mentioned in Article 7.6 do not grant the User the right to terminate the contract with the Company. For the User, only the provisions in Article 7.1 are valid grounds for termination.

7.8 The Company is entitled to terminate the agreement immediately if, during an activity, the User is not in the required (physical) condition to continue the activity. The Company is not liable for any resulting damage, and it is not obliged to refund the payments made by the User.

7.9 The Company may terminate the agreement immediately if the User fails to follow the safety guidelines and/or instructions provided. The Company is not liable for any resulting damage, and it is not obliged to refund the payments made by the User for the completion of the agreement.

7.10 The Company is entitled to terminate the agreement and cancel the activity if, 7 days before the activity’s start date, the minimum number of participants required has not been reached. In such cases, the User will receive a refund for any payments made. However, the User is not entitled to interest or compensation for other damages.

7.11 Within 14 days after an online booking or purchase, the User may cancel without a cancellation fee, excluding any shipment costs incurred by the User. If the User cancels an activity within 30 days before the event’s start date, the User’s cancellation fee, owed to the Company, is 50% of the principal sum and any additional costs. If the User cancels within 14 days of the event’s start date, the cancellation fee amounts to 100% of the principal sum and any additional costs.

7.12 The User is entitled to nominate a replacement participant in case of cancellation, up to 48 hours before the activity’s start, as provided by the Company. If the replacement candidate is accepted by the Company and a valid agreement is reached between the Company and the replacement candidate, the User will owe no penalty to the Company. However, the User remains jointly and severally liable, in addition to the replacement participant, for all obligations arising from both contracts with the Company.

7.13 Cancellation and/or nomination of a replacement candidate by the User must be submitted in writing.

7.14 Once a partial or full refund has been agreed upon by both the User and the Company, it may take up to 7 days for the transaction to be processed.

8. Disclaimer

8.1 The information on our website is provided on an “as is” and “as available” basis. Your use of our website is at your own risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our website will always be available, access will be uninterrupted, error-free, meet your requirements, or that any defects in our website will be corrected.

8.2 To participate in our video courses, a solid internet connection is required. The system also requires the most recent version of your browser, plugins, and extensions for optimal performance. We recommend using the newest version of Google Chrome for the best results.

8.3 Information on our website should not be solely relied upon and should not be construed as professional advice from us. We do not guarantee the accuracy or completeness of any information provided, and we are not responsible for any loss resulting from your reliance on such information.

8.4 If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

9. Liability and Insurance

9.1 Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

9.2 The User recognizes that the risk of injury from the activity is significant. The User acknowledges that severe injuries, including permanent paralysis or death, can occur while participating in the activity. Potential injuries include but are not limited to heart failure, loss of consciousness, stroke, and other injuries and may be caused by various factors, including facilities, temperature, techniques, extreme conditions, weather, health conditions, equipment, breathing exercises, hydration, drug use, or other factors.

While specific rules, equipment, and personal discipline may reduce this risk, the risk of serious injury still exists. The User willingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Contractor, and takes full responsibility for their participation.

9.3 The User understands and agrees to indemnify, defend, and hold the Contractor and their affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from the User’s use of this website or their violation of these terms and conditions.

9.4 The total liability of the Contractor for any failure in the fulfillment of the agreement or any other reason, including any failure to perform a Client-agreed warranty, is limited to the amount of the price stipulated in the agreement (excluding VAT). In cases of damage resulting from death or injury, liability is limited to five times the amount of the agreed contract price (excluding VAT). These limitations shall also apply to any indemnification obligation of the Contractor. For agreements primarily involving continuing performance with a term exceeding one year, the price stipulated for the agreement shall not exceed 50% of the total fees (excluding VAT) for one calendar year.

9.5 The Contractor’s liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damage due to business interruptions, damages resulting from claims by customers of the Client, damages related to the use of prescribed materials by the Client to the Contractor, damages to equipment or software of third parties prescribed by the Client to the Contractor are excluded. This also applies to the liability of the Contractor regarding the mutilation, destruction, or loss of data or documents.

9.6 The exclusions and limitations of liability of the Contractor, as described in the preceding paragraphs of this article, do not affect other exclusions and limitations of liability of the Contractor in accordance with these terms and conditions.

9.7 The aforementioned exclusions and limitations in Article 9.1 through 9.5 do not apply if the damage results from deliberate or willful recklessness by the Contractor.

9.8 Any claim for compensation is subject to the condition that the damage must be reported in writing by the Client to the Contractor as soon as possible after its occurrence. Any claim for damages against the Contractor shall be extinguished if not reported within three months after the claim arises.

9.9 The Client shall indemnify the Contractor against all claims from third parties.

9.10 The provisions of this article and all other restrictions and exclusions of liability in these terms and conditions shall also apply to the benefit of all (legal) persons with whom the Contractor works to execute the agreement.

9.11 The Client is jointly liable for all obligations arising from the agreement. This applies equally to any other persons for whom the Contractor has booked or organized an activity.

9.12 The Client must maintain adequate insurance coverage for all damages and any consequential damage that may occur during the activity and during the execution of the agreement.

9.13 The Client must maintain the following types of insurance: (I) health insurance, (II) liability insurance (including liability for damage to persons and/or property owned by the Client), (III) travel and/or mountaineering insurance, and (IV) insurance covering loss and damage to property and affairs of both clients and Contractors (including fire and theft).

9.14 Notwithstanding the foregoing clauses, the amount for which the Contractor could possibly be liable cannot exceed the amount that its insurer remunerates for the case.

10. Force Majeure

10.1 The Contractor is not obliged to fulfill any obligation, including any warranty obligation agreed upon between the parties, if the party is prevented from doing so due to force majeure. Force majeure shall include: (i) force majeure of suppliers, (ii) failure to properly fulfill obligations by suppliers arranged by the Client to the benefit of the Contractor, (iii) Deficiency of items, equipment, terrain, software, or materials of third parties whose use is set by the Client to the Contractor, (iv) governmental actions, (v) electricity failure, (vi) internet, computer, or telecommunication facilities malfunctioning, (vii) war, (viii) work occupation, (ix) strike of Contractor’s personnel, representatives, or relevant 3rd parties, (x) general transport of the Contractor’s personnel, representatives, or relevant 3rd parties, (xi) the unavailability of one or more employees.

10.2 The Contractor has the right to terminate the agreement in the event of a force majeure situation described above. The services already performed under the agreement will be settled proportionately in that case, without the parties owing each other anything for the remainder.

11. Obscene and Offensive Content

11.1 Controversial content, such as pornography, X-rated material, hate speech, or content that incites or encourages violence or illegal activities, is not allowed on any of our online spaces. We reserve the right to make the final determination on what shall be deemed acceptable. If you have questions about the nature of the content you wish to broadcast on any of our online spaces, please contact support directly.

11.2 If you create and share videos or photos of your training activities on the internet, we are not responsible for any obscene or offensive content that you may encounter from others while using our website. However, if you come across such content, please contact us by e-mail so that we can investigate the matter. While we are not obligated to do so, we reserve the right to monitor, investigate, and remove any material posted on our websites.

12. Image License

12.1 The Client understands that while participating in the activity, they may be filmed or photographed. The Client grants a license to the Contractor to use their photo, video, or film for any legitimate purpose.

13. Transfer of Rights and Obligations

13.1 The Client is not entitled to sell and/or transfer the rights and/or obligations under the agreement to a third party without the prior written consent of the Contractor.

13.2 The Contractor shall at all times be entitled to transfer claims to payment of fees to a third party.

14. Applicable Law and Disputes

14.1 The agreements between Contractor and Client are governed by Dutch law. The Vienna Sales Convention 1980 is excluded.

14.2 All arbitration must occur in Holland. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the Dutch arbitration rules. All claims must be arbitrated on an individual basis and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

14.3 Disputes arising between the Contractor and the Client following an agreement between the Contractor and the Client or as a result of further agreements resulting therefrom shall be settled by the Amsterdam District Court.

15. Severability of these Terms and Conditions

15.1 If any part of these terms and conditions of use is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

16. Procedure for Complaints

16.1 If a conflict arises during an activity that cannot be resolved adequately, the Client has the option to submit its complaint to an independent committee reviewing complaints. This committee consists of Dhr. Mr. J. Egberts.

16.2 A complaint will be reviewed with confidentiality. The committee will provide a ruling within 4 weeks from submission of the complaint, which is binding for InnerFire. Any consequences for InnerFire following the ruling will be dealt with within 3 weeks from written and verbal notification of the ruling.

B. Terms of Use

Below you will find the Terms of Use that apply to our website, products, and services; both those purchased and those provided free of charge. If you want to use any of our products or services, including our websites or other online spaces, you agree to, conform to, and are legally bound by the terms and conditions described below, as well as by the more detailed Terms & Conditions. These Terms of Use were last updated on March 22, 2023.

If you disagree with any of these terms and conditions, please do not use our website, social media outlets, or any of our products and services.

(We hope this is all common sense and not surprising in any way, and) If you find fault with any of our terms and conditions, or deem any part unclear in any way, please contact us at [email protected].

1. Think Before You Act

Always apply the techniques taught in a safe environment and unforced. As with all physical activities, the application of the Briza Breath techniques and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to reach out to us.

Adhere to the following precept at all times: NEVER CONDUCT BRIZA ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g., in water, while driving, etc.).

Observe and obey posted rules and warnings, and follow any instructions or directions given by the instructor(s). If you observe any unusual significant hazard during your presence or participation, remove yourself from participation and bring it to the attention of the nearest instructor immediately.

2. Take Responsibility for Your Own Actions

When you act on knowledge or insight, perceived or otherwise, pertaining to the Briza Breath & Performance and related matters discussed on our online spaces (e.g., websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily and assume full responsibility. Accordingly, you agree to not hold Innerfire or its representatives, agents, suppliers, etc. responsible for any injuries or damages you may incur as a result.

If you participate in the activity, you acknowledge that you are physically fit and are in no way incapacitated.

3. Take It Easy – It Is Not a Competition

Any exercises and techniques of the Briza APP are not meant to be performed in a competitive context. Go at your own pace and do not let your ego get in the way. Challenge yourself and show commitment, but don’t exceed personal limits in order to prove something to yourself or others. For most people, practicing the Method in a calm and consistent manner yields amazing results.

4. We Are Not Doctors, Medics, or a Medical Institution

Nothing about the Briza APP should be taken as medical advice. We may offer suggestions regarding physical and mental health—in the form of suggested exercises, nutrition, daily patterns, etc.—but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.