Terms and Conditions

LET THEM BREATHE 

PARTICIPATION AGREEMENT 

WHEREAS, Let Them Breathe (hereinafter, “LTB”) is organized for charitable and educational purposes including, but not limited to, assisting children and adults in accessing quality education and fostering civic engagement by connecting families and individuals with information, community, and educational resources. Find Our Pod (hereinafter, “FOP”) offers services utilized by the online platform.

WHEREAS, LTB and FOP are connecting participants with vendors for classes, events and other services described below as (the “Activity”) and are assisting the individual (the “Participant”) agreeing to this Agreement to access participation in the Activity, upon the terms and conditions of this Agreement. In this Agreement, each of LTB, FOP, and Participant may be referred to as a “Party,” and collectively they may be referred to as the “Parties.” 

 WHEREAS, the Activity is [participation in courses, events, or other academic enrichment opportunities organized and facilitated by independent vendors (the “Vendors”) and often promoted and accessed on LTB’s Let Them Learn online platform]. 

In consideration for being provided the ability to participate in the Activity, Participant on behalf of themself and any minor child named below, hereby stipulates, and agrees: 

Assumption of Risk. Participant understands and acknowledges that the Activity may be dangerous and may involve the risk that Participant will sustain serious injury, temporary or permanent disability, death, and/or property damage. Participant is participating voluntarily in the Activity with the knowledge and appreciation of the dangers involved. PARTICIPANT 

VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY THE NEGLIGENCE OF LTB, FOP, or the Vendor. 

Release from Liability. Participant hereby agrees, on behalf of Participant and Participant’s heirs and personal representatives, to fully and forever discharge and release LTB, and FOP, and any of their present and future affiliates, successors, and assigns, and their respective partners, agents, operators, managers, employees, contractors, and representatives (the 

“Released Parties”) from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s participation in the Activity, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that the Agreement is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while participating in the Activity. 

Relationship Between LTB, FOP, and Vendors. Vendors will offer courses and other academic enrichment opportunities to Participant on LTB’s Let Them Learn online platform. 

There is no relationship of employment between LTB, FOP, and such Vendors, and LTB does not represent or warrant that is has or will oversee, manage, task, or control the Vendors’ activities on the Let Them Learn online platform or otherwise. LTB and FOP shall bear no responsibility or liability for the actions of the Vendors.  

Vendors must adhere to all applicable laws and regulations, including obtaining any necessary permits, licenses, or insurance for their activities.

LTB and FOP shall bear no responsibility or liability for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or related to the use of our platform or participation in in-person events and classes.

Permission To Use Likeness / Name. Participant agrees to allow, without compensation, LTB to use Participant’s likeness, name, voice, and photograph, regardless of media form, for purposes of promoting LTB. Participant hereby assigns to LTB all present and future copyright and all other rights, title, and interest that Participant may hold in the media. Participant further agrees that Participant will not make any claim for further remuneration against LTB, its licensees, or assignees with respect to the use of such media. 

Covenant Not To Sue. Participant agrees, for Participant and all Participant’s heirs and personal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or causes of action against the Released Parties that Participant or Participant’s heirs or personal representatives may have as a result of any personal injury, death, or property damage Participant may sustain while participating in the Activity. 

Indemnification. Participant hereby agrees to defend, indemnify, and hold harmless the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life, or damage sustained by reason of or arising out of Participant’s participation in the Activity. 

Responsibility for Personal Property. Participant acknowledges and agrees that they are fully and solely responsible for any Participant property and personal belongings that Participant may use during the Activity and that LTB and FOP will not be responsible for or provide any security for Participant’s property and personal belongings. 

No Representations by LTB. Participant acknowledges that LTB and FOP make no representations as to the safety of the Activity or any equipment used in the Activity. Participant accepts and shall use any equipment in its “AS IS” condition. Participant acknowledges and agrees that Participant is not relying upon any representation or statement by the Released Parties regarding the Agreement or the Activity, except to the extent such representations are expressly set forth in the Agreement. 

Governing Law and Venue. The Agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of the Agreement must be brought exclusively in a state court located in San Diego County, California or a federal court located in California. 

Waiver. No waiver of any term or right in the Agreement shall be effective unless in writing and signed by an authorized representative of the waiving Party. The failure of any 

Party to enforce any provision of the Agreement shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision or any other provision of the Agreement thereafter. 

Survival. Any provision of the Agreement providing for performance by either Party after termination of the Agreement shall survive such termination and shall continue to be effective and enforceable. 

Compliance with Laws. In the performance of the terms of the Agreement and when conducting the Activity, the Parties shall comply with all applicable federal, state, regional, and local laws, rules, and regulations. 

Severability. If any provision or portion of the Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions of the Agreement shall remain in full force and effect.  

Entire Agreement; Modification; Binding Effect. The Agreement is the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to the Agreement shall be valid unless in writing and signed by authorized representatives of both Parties. The Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties. 

PARTICIPANT HEREBY ACKNOWLEDGES THAT THEY HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT PARTICIPANT UNDERSTANDS THEY ARE GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LTB. 

PARTICIPANT EXECUTES THE AGREEMENT WILLINGLY AND VOLUNTARILY AND FOR ADEQUATE CONSIDERATION, INTENDING TO BE FULLY BOUND.  

PARTICIPANT (OR PARTICIPANT’S PARENT/GUARDIAN IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE) IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.