TERMS AND CONDITIONS OF USE

Welcome to the Breath Grow Change [www.BreatheGrowchange.com/YouTube: SarahPomaro/FaceBook: BreatheGrowChange/Instagram@SarahPomaroYoga] Sarah Pomaro d/b/a/ Breath Grow Change (“BGC”) provides content, videos, coaching and training materials and services and/or other materials and services (collectively, “Content”) through the BGC website, YouTube Channel, and Facebook page, among others (collectively the “Site(s)”). By using any of these Sites and the Content provided therein, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site or the Content provided herein.

  1. Agreement. This Term and Conditions of Use agreement (the “Agreement”) specifies the terms and conditions for access to and use of BGC’s [www.BreatheGrowchange.com/YouTube: SarahPomaro/FaceBook: BreatheGrowChange/Instagram@SarahPomaroYoga] (the “Site”) and the Content provided therein (the “Content”). This Agreement may be modified at any time by BGC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at https://breathegrowchange.com/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Ownership. All Content included on this Site is and shall continue to be the property of BGC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Site.
  3. Intended Audience. The Site and Content are intended for adults only. By entering into this Agreement, you are confirming you are an adult of legal age, you understand and accept this Agreement, and you are legally and financially responsible for all actions using or accessing the Site and/or Content.
  4. Trademarks. BREATH GROW CHANGE and other marks used on or in connection with the Site and Content are trademarks of BGC. Other product and company names mentioned on or in connection with this Site or Content may be trademarks of their respective owners.
  5. License Grant. BGC grants to you a personal, nonexclusive, nontransferable, non-sublicensable, revocable, limited right and license to download, play, listen to, display, and use the Site and Content solely for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the site, or use Content, including but not limited to, any videos, materials, products, or services in violation of any law. The use of the Site and Content is at the discretion of BGC and BGC may terminate your use of the Site and/or Content at any time.
  6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site and Content. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  7. Indemnification. You agree to indemnify, defend, and hold BGC and our proprietors, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site or Content.
  8. Disclaimer. THE CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BGC DISCLAIMS 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. TO THE EXTENT 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. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BGC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM PERSONAL INJURY, 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 THE SITE OR YOUR USE OF THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE AND CONTENT.

You understand and agree that the use the Content may require physical activity, and by voluntarily participating in this physical activity, you assume all risk of injury. You agree to consult with your physician before commencing the physical activity in the Content. You understand and agree that BGC shall not be liable for any injury resulting from or arising out of participating in the physical activity in the Content.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Use of Information. BGC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent applicable laws.
  2. Applicable Law. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and BGC or its affiliates.
  3. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  4. Waiver. The failure of BGC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BGC must be in writing and signed by an authorized representative of BGC.
  5. Termination. BGC may terminate this Agreement at any time, with or without notice, for any reason.
  6. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site or Content shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  7. Entire Agreement. This Terms and Conditions of Use constitutes the entire agreement between you and BGC and governs the terms and conditions of your use of the Site and Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BGC with respect to this Site or the Content. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the website. BGC may revise this Terms and Conditions of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  8. Contact Information.

Sarah Pomaro, 115 Campbell St, Ste 201A, Geneva, IL 60134 (312)510-9252

sarah@BreatheGrowChange.com

PAYMENT TERMS

Payment is due one week in advance of course, class, series, workshops, or personalized wellness programs (after initial complementary consultation). Upon payment you will receive class access credentials and important class updates. (Payment is permitted up to 48 hours in advance of class’s start date without penalty and permitted access to class.)

Pre-registered yoga classes/Series classes: No refunds/discounts offered. In the case of an emergency or injury please contact Sarah directly at sarah@breathegrowchange.com.

Complimentary Discovery Sessions (Consultations) for Individualized Wellness Programs: If you need to reschedule for any reason, there is a 24-hour cancellation with no more than one reschedule.

Individualized Wellness Programs: 50% non-refundable, pre-payment on all programs unless otherwise agreed upon in writing.

Accepted Payment Types

Venmo, ApplePay, Zelle, check (local only)

Late Fees

Breathe Grow Changes does not have any late payment fees. All courses and services must be paid in advance in order to gain access to courses and individual wellness sessions will not be scheduled.

Result of Non-Payment

If you are not enrolled and Breathe Grow Change has not received your payment in full according to the terms listed in this policy, you will not be sent access to courses or classes. If you are pre-enrolled in a class or continuing into a new term, this can result in automatic removal from class and access revoked.

Refunds and Disputes

Breathe Grow Change does not offer any refunds and all purchases are final.  In case of an emergency, please contact Sarah immediately to discuss options.