Terms & Conditions
Last Updated: September 1, 2025
Welcome to Our Breath Collective (“OBC,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website (ourbreathcollective.com), programs, courses, events, memberships, products, and any content or services we make available through the site (collectively, the “Services”).
By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Definitions
“Services” means the website, memberships, courses, workshops, retreats, and any digital or live offerings provided by OBC.
“Content” means all materials provided through the Services, including videos, audios, practices, guides, images, and written materials.
“User Content” means anything you post, submit, or share with us through the Services (e.g., comments, testimonials, submissions).
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase or participate in our Services. If you are 13–17, you may use the Services only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms.
3. Accounts
To access certain Services, you may need to create an account and provide accurate, current information. You are responsible for maintaining your login credentials and for all activity under your account. Notify us immediately at hello@ourbreathcollective.com if you suspect unauthorized use.
4. Payments, Subscriptions, Renewals, and Refunds
4.1 Fees. Fees will be disclosed before you purchase. All prices are in U.S. dollars.
4.2 Subscriptions. Memberships and certain Services renew automatically at the end of each billing period at the then-current rate, unless you cancel before renewal.
4.3 Cancellations. You are solely responsible for managing and canceling your subscription before it renews. Contact us at hello@ourbreathcollective.com if you need assistance.
4.4 Refund Policy. All fees are non-refundable once charged, including for partial periods or unused features, except where a refund is required by law. We may, at our sole discretion, make exceptions, but this does not create a continuing obligation.
4.5 Trials and Promotions. Any free trial or promotional offer applies only as stated. Standard rates apply after the promotional period unless canceled before renewal.
4.6 Chargebacks. You agree not to initiate chargebacks without first contacting us. We reserve the right to suspend or terminate access for unpaid or reversed charges.
5. Health and Safety Disclaimer
5.1 Educational Purposes Only. Our content and Services are for informational and educational purposes. They are not medical advice or a substitute for diagnosis, treatment, or professional healthcare.
5.2 Consult a Professional. Breath practices can influence your nervous, respiratory, and cardiovascular systems. Consult your physician before participating, especially if you are pregnant, have a medical condition, or take medication.
5.3 Assumption of Risk. By participating, you acknowledge the inherent risks of breath and somatic practices, and you voluntarily assume those risks.
5.4 Release. To the fullest extent permitted by law, you release OBC, its instructors, staff, and affiliates from liability for claims arising out of your participation, except to the extent caused by gross negligence or willful misconduct.
6. Intellectual Property
6.1 Our Content. All Content provided through the Services is owned by OBC or our licensors and is protected by copyright and other laws.
6.2 License. You are granted a limited, personal, non-transferable, non-sublicensable license to access and use our Content solely for your personal, non-commercial use while you have valid access.
6.3 Restrictions. You may not copy, reproduce, distribute, record, publish, resell, or create derivative works from our Content without our express written consent.
6.4 Your Content. If you submit comments, posts, testimonials, or other content to us, you retain ownership but grant us a worldwide, royalty-free license to use, display, and share such content for our business purposes (including marketing), unless you withdraw permission in writing.
7. Recordings and Media
7.1 Group sessions, workshops, or events may be recorded for educational, quality, or community purposes. By attending, you consent to being recorded.
7.2 We will not publish recordings outside of our Services in a way that identifies you without your prior permission, unless you voluntarily provide a testimonial or explicit release.
8. User Content and Conduct
8.1 Responsibility. You are solely responsible for your User Content. Do not post anything unlawful, offensive, infringing, or harmful.
8.2 No Rights Violation. You must have the rights to anything you post (including music, text, or images).
8.3 Monitoring. We may remove or restrict User Content at our discretion.
8.4 Respectful Conduct. No harassment, hate, spam, or solicitation.
8.5 Third-Party Content. We are not responsible for content posted by others.
9. Affiliate Links and Third-Party Services
9.1 Affiliate Disclosure. Some links on our website may be affiliate links. This means we may earn a commission if you purchase through them, at no extra cost to you.
9.2 Third-Party Responsibility. We are not responsible for third-party services, content, or websites linked from our Services. Your dealings with third parties are solely between you and them.
10. Availability and Errors
10.1 We do not guarantee that the Services will always be uninterrupted, secure, or error-free.
10.2 Content may contain typographical errors or inaccuracies and may not always be complete or current. We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice.
11. Disclaimers and Limitation of Liability
11.1 “As-Is” Basis. The Services are provided “as is” and “as available” without warranties of any kind, express or implied.
11.2 No Guarantees. We do not guarantee any results, outcomes, or benefits from using the Services.
11.3 Limitation of Liability. To the fullest extent permitted by law, our total liability for claims arising from the Services is limited to the amount you paid us in the 12 months before the claim or one hundred U.S. dollars (US$100), whichever is greater.
11.4 Some jurisdictions do not allow certain disclaimers or limits, so these may not apply to you.
12. Indemnity
You agree to indemnify and hold harmless OBC, its officers, staff, affiliates, and partners from claims, damages, and expenses (including attorney’s fees) arising from your misuse of the Services or violation of these Terms.
13. Governing Law and Dispute Resolution
13.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflicts of law principles.
13.2 Informal Resolution. Before filing a claim, you agree to try to resolve disputes with us informally by contacting hello@ourbreathcollective.com
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13.3 Arbitration. Except for small claims or injunctive relief, disputes will be resolved by binding arbitration under the rules of JAMS. You waive the right to a jury trial or class action.
13.4 Venue. Any permitted court proceedings will be in the state or federal courts of San Diego County, California.
14. Miscellaneous
Entire Agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and OBC.
Assignment. You may not assign your rights or obligations without our consent. We may assign ours.
Waiver. Our failure to enforce any provision is not a waiver of our rights.
Severability. If any part is unenforceable, the rest remains valid.
Headings. Section headings are for convenience only and do not affect interpretation.
15. Changes
We may update these Terms at any time. Material changes will be posted here with an updated “Last Updated” date. Your continued use after changes take effect means you accept them.
16. Contact
Questions? Contact us at:
Our Breath Collective
Email: hello@ourbreathcollective.com
Website: https://ourbreathcollective.com
