TERMS AND CONDITIONS OF USE

Last Updated on January 2024

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Kim Hartwell ] located at Surrey, UK, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

My email is [email protected] “You” and “Your” refers to users of Kim Hartwell's services as a yoga teacher, personal trainer and breathwork coach.  My website, communications, offerings and related materials, herein known as my “Offering” or “Services”.

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​my ​products,​ ​including​ ​online​ ​courses.

When You purchased my services, you were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

INTELLECTUAL PROPERTY

Any and all materials, paid or free, that you access or any related domains that contain Kim's offering are under the sole ownership or licensed use of Kim Hartwell.

You​ ​may:

• Access the services for your personal use

You​ ​may​ ​not:

• Share the Kim's services with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Kim's services, in part or in whole.
• Distribute any of the materials contained in the service or related materials and/or communications as your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the offering for distribution as your own work.
• Claim ownership or use over any of my intellectual property without my prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use my services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Kim Hartwell ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​Kim's offering.

HEALTH AND FITNESS WAIVER

Please make sure that this information is correct for you:

I have discussed my plans to participate in physical activity with my health care provider and I have obtained his/her approval to begin participation. Please advise me before commencing your session if, for any reason, your health or ability to exercise changes. If you are have recently given birth, we strongly recommend that you check with your doctor/midwife at regular intervals (perhaps at your postnatal check ups) if it is still ok for you to exercise. If you are in doubt about the suitability of the exercises, please refer back to your medical practitioner. Humum (Kim Hartwell) can accept no liability for personal injury related to participation in a session if: -Your doctor has not given you medical clearance to exercise/to continue to exercise -You fail to observe instructions on safety and technique -Such injury is caused by the negligence of another participant in the class/studio The exercises and the transitions between exercises, should be performed at a pace which feels comfortable for you. Please tell Kim if you feel any discomfort, dizziness, nausea or pain during the session. Please also inform Kim if you feel discomfort or pain after a previous session. 

CONSCIOUS CONNECTED BREATHING HAS SOME CONTRAINDICATIONS

If you have any of the following or there is anything that you are unsure about, please let me know so I can support your process:  

High Blood Pressure

• Cardiovascular disease including angina, previous heart attack
• Aneurysm or stroke
• Prior diagnosis of bipolar disorder, schizophrenia or previous psychiatric condition
• Hospitalisation for any psychiatric condition or psychosis in the last 10 years Uncontrolled diabetes/thyroid
  Any major surgery in the last 6 months
  Glaucoma/detached retina
• Pregnancy Untreated PTSD Epilepsy 

By accepting these terms and conditions you hereby acknowledge that you have read the contraindications and have clarified any questions you may have about your suitability to train and do Breathwork with Kim. You are responsible for your own health and wellbeing and declare that you are able to take part in a strong breath practice that can produce cathartic release. 

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

TERMINATION

If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of my services. 

FINANCIAL​ ​CONSIDERATIONS

PURCHASES AND PAYMENT

You authorize me (Kim Hartwell) to charge your chosen payment provider for the total amount stated on your checkout cart screen. You agree to abide by the terms and conditions of your card issuer agreement and any other applicable third party agreement that may affect your purchase with me. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, you agree to update your payment information in a timely manner so I can complete any outstanding orders and/or contact you as needed.

I reserve the right to change our prices for new purchases at any time.

By agreeing to these terms and conditions you acknowledge and accept a minimum of a 3 month commitment to Kim's services. 

ERRORS OR MISTAKES IN PRICING

I reserve the right to correct any errors or mistakes in pricing, even if I have already received payment. Any such changes will be conveyed in writing via email to notify you of our correction and to allow you to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.