TERMS AND CONDITIONS FOR 9D FACILITATOR 

WE KNOW YOU ARE EXCITED TO BE A 9D BREATHWORK FACILITATOR ON OUR WEBSITE HTTPS://9DBREATHWORK.COM/ (“PLATFORM”, “9D BREATHWORK”, “We”, “Us”) AND WANT TO SKIP THIS AGREEMENT BY BLINDLY ACCEPT IT TO PROCEED FURTHER. BUT IT’S IMPORTANT FOR BOTH OF US TO UNDERSTAND WHAT WE EXPECT FROM EACH OTHER AS YOU USE 9D BREATHWORK. 

IMPORTANT-READ CAREFULLY

These terms of service (“Agreement”) are a legal agreement between the Facilitator (“you”, “your”, or “Facilitator” or “Certified 9D Breathwork Facilitator” or “9D Verified Facilitator” or “Member of Team 9D” or “9D Partner Program”) and 9D Breathwork Incorporated, registered in the British Virgin Islands with company number 2118152, whose registered office is at Inter shore Chambers, Road Town, Tortola, British Virgin Islands (“9D Breathwork,” “we,” “us” or “Company” or “Platform”), the owner and operator of the https://9dbreathwork.com/ Website and related web application, which include a masterfully crafted sound and breathwork experience that facilitates life-changing transformational experiences. The 9D Breathwork includes a 9D Multi-Dimensional Sound Experience, Binaural Brain Entertainment, Solfeggio Frequencies, Isochronic Brainwave Tones, 432Hz Harmonic Tuning, Somatic Breathwork, Subliminal Hyponotic Therapy, Guided Coaching and Bioacoustics Sound Effects, 9D Journeys (the “services”). This Agreement states the terms and conditions that govern your use of the Services as Facilitator. By accessing and using the services, you are indicating that you accept and agree to comply with this Agreement.  If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Services. The Company reserves the right to amend or cancel this Agreement and cease providing you access to services at any time for any reason. Company may add to, change or remove any part of the Services, including, without limitation, any Content therein, at any time without prior notice to you.

DOCUMENTS INCLUDED IN THIS AGREEMENT

The below documents are hereby added to this Agreement by reference and form part of this Agreement- 

1) The 9D Breathwork Brand Guidelines have been incorporated into this Agreement by reference.

2) Privacy Policy

3) Terms of website use

“Facilitator” and “9D Breathwork” are to be referred to individually as ” Parties” and collectively as “Parties.”

1) PURPOSE OF 9D BREATHWORK 

a) 9D Breathwork combines advanced aspects of breathwork with a multi-dimensional sound experience, including binaural brain entrainment, isochronic tones, solfeggio frequencies, and 432Hz tuning. It also incorporates somatic breathwork, subliminal hypnotic therapy, guided vocal coaching, and bioacoustic effects. This holistic approach aims to transform internal blocks, release trapped energy, and promote healing by inducing a hypnotic state for deeper meditation and emotional release, targeting both the subconscious mind and the body’s innate intelligence.
 
b) The purpose of 9D Breathwork, outlined by its business model, includes 1) Delivering immersive breathwork journeys and soundscapes both online and in physical settings; 2) Marketing 9D Breathwork kits featuring specialised audio equipment; 3) Coaching and training of certified 9D facilitators; 4) Offering a monthly subscription for access to a comprehensive library of soundscapes and guided journeys; 5) Cultivating an online community for users to connect and share experiences; 6) Selling access to individual breathwork journeys for personalised use.

2) ROLE OF THE FACILITATOR

 a) As a Facilitator, you will play crucial roles in guiding individuals or groups through various 9D Journey’s and techniques aimed at enhancing physical, mental, and emotional well-being. The Facilitator would need to educate participants about the principles and techniques involved in this specific modality of breathwork. They would guide participants in understanding the intricacies of breathing patterns and how they can influence different dimensions of existence. Facilitators are responsible for creating a safe and supportive environment where participants feel comfortable exploring their breath and any associated emotions or experiences that may arise during the session.

3) FACILITATOR’s RELATIONSHIP WITH 9D BREATHWORK

a) Integrity and transparency are the cornerstones of our relationships within 9D Breathwork;
 
b) 9D Breathwork extends its services to Facilitators by granting access to valuable resources like the 9D Licensed Library content (“Content”) and the 9D Facilitators Community (“Facilitators’ Community”, along with dedicated support. Notably, streaming 9D Licensed Library content for commercial use requires official 9D Breathwork headsets purchased from 9D Breathwork;
 
c) It’s crucial to understand that 9D Breathwork provides these services solely to empower Facilitators to deliver breathwork experiences to their clients. However, 9D Breathwork assumes no responsibility for any interactions between facilitators and clients;
 
d) By engaging with 9D Breathwork, you acknowledge and accept specific terms: (i) You are not considered an employee of 9D Breathwork and are not entitled to employment benefits. (ii) 9D Breathwork holds no liability or obligations, including those related to services or clients, for any actions or omissions by you or your clients.

4) OBLIGATIONS OF FACILITATOR

a) The Facilitator agrees to use the services provided by 9D Breathwork only for lawful purposes and in accordance with the terms of this Agreement, Company policies and guidelines issued from time to time;

b) The Facilitator accepts sole responsibility for their use of the Platform and services, as well as any outcomes or consequences resulting from that use;

c) Maintaining confidentiality is essential; the Facilitator must not disclose any confidential information regarding the services, Content, or Facilitator’s Community without prior written consent from 9D Breathwork;

d) Compliance with the Company’s messaging and communication guidelines is mandatory. Any deviation from these guidelines requires prior approval;

e) It is paramount that the Facilitator represent 9D Breathwork in a professional and truthful manner. The Facilitator must refrain from making false or misleading claims about the Company, its products, or its services;

f) It is required that you utilize approved communication channels and tools provided by 9D Breathwork to engage with customers or potential customers;

g) Facilitators are strictly required to adhere to all applicable laws and regulations concerning public communication and advertising, including consumer protection, privacy, and advertising laws, is expected;

h) Always demonstrating respect and professionalism towards users, community members, and 9D Breathwork customers is mandatory. Disparaging, insulting, or offensive language or behaviour will not be tolerated;

i) Discriminatory behaviour or remarks based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic are strictly prohibited;

j) Engaging in constructive and informative communication with users, Facilitators’ Community members, and 9D Breathwork customers while avoiding aggressive, offensive, or harmful language is encouraged;

k) It is necessary to comply with the policies and guidelines of the Platforms used for interactions with users, Facilitators’ Community members, and 9D Breathwork customers;

l) In the event of disagreements or conflicts, the Facilitator is responsible for handling the situation professionally and seeking resolution in a respectful manner;

m)   Engaging in any form of harassment, including online bullying or stalking, or behaviour that makes users feel uncomfortable or unsafe, is prohibited;

n) Ensuring that any media, content, or information shared within the Facilitators’ Community or during interactions with users is appropriate, respectful, and aligns with the Company’s values is the Facilitator’s responsibility.

o) The Facilitator shall use 9D Breathwork headsets only to deliver the session and services.

5) FACILITATORS’ COMMUNITY GUIDELINES

As a 9D Verified Facilitator, access may be granted to community groups hosted on platforms like WhatsApp or Facebook. To safeguard the interests of 9D Breathwork and foster a positive environment where facilitators can thrive personally and professionally, adherence to the following community guidelines is essential at all times:

a) Be kind and respectful: This group serves as a safe space for all members to learn and grow. Let’s uphold a supportive environment by showing respect and refraining from derogatory or harmful comments.

b) Embrace playfulness: Laughter and inspiration are powerful tools! Feel free to share experiences and engage in playful discussions that uplift and inspire others.

c) No self-promotion or posting of non-9D Breathwork products: To maintain focus on our 9D journey, please refrain from promoting or offering competing services within the group. Let’s support and uplift each other without self-promotion, including posting links to purchase products, whether your own or from another vendor.

d) Share your insights: Members are encouraged to share personal experiences, insights, and breakthroughs related to the 9D journey. This fosters a space for mutual learning and expanding collective wisdom.

e) Respect confidentiality: Confidentiality is paramount within the group. Please honour the privacy of others and refrain from sharing any confidential information outside of the group.

f) These guidelines are designed to create a supportive and empowering community for all members.

g) Consequences of non-compliance with Facilitators’ Community Guidelines-  In the event of non-compliance with these guidelines, 9D Breathwork reserves the right to take the following actions: 

1. Deletion of comments and posts.
2. Bringing attention to the violation of guidelines.
3. Suspension or permanent removal of access to the community groups.
4. Suspension of access to all 9D Breathwork assets and resources without refund.

6) PAYMENT, COMMISSIONS AND AFFILIATE SALES CREDIT

a) All fees for the Services are non-refundable.

b) Payment must be made in full before you can access the Services.

c) We reserve the right to cancel your access to the Services if payment is not received.
 
d) Affiliate Commissions 

1. Affiliate Commissions refer to remuneration earned through Facilitators introducing new participants to the program. These commissions are generated from the successful referral of new individuals by Facilitators.

2. The Facilitator shall be eligible for the commission as described below if the customer applies the 9DSPECIAL coupon provided by the Facilitator 

3. The price and commissions are subject to change at any point.
4. Your commissions will be reviewed and disbursed at the end of the month following the transaction, contingent upon 9D Breathwork receiving your bank account details in advance. In the scenario where your bank account details have not been received by the time a payout is due, the release of your payout will be scheduled for the end of the subsequent month after the month of the transaction or upon receipt of your bank details, whichever is later.
5. The platform uses a first-cookie system to track partner link clicks.

e) Affiliate Sales Credit

1. We want to inform you of all the situations where you will still be credited for your affiliate introductions despite our internal team assisting in the sales process and the two circumstances where you would not be. Please note that this is how affiliate platforms work, and we cannot make any exceptions: 
2. If sold by our internal sales team after the affiliate’s introduction, affiliates still get paid. 
3. If the customer has not deleted their cookies and checks out at a later date – affiliates still get paid
4. If the customer HAS deleted their cookies and checks out at a later date – THIS CAN NOT BE TRACKED AND AFFILIATES WILL NOT BE PAID
5. If the customer checks out via a different device/browser – THIS CANNOT BE TRACKED AND AFFILIATES WILL NOT BE PAID.

7) INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

a) The Facilitator agrees that 9D Breathwork retains all ownership rights, title, and interest in and to the intellectual property, and nothing in this Agreement shall be construed as transferring any ownership rights to the Facilitator.
 
b) Intellectual Property Rights (“IPR”) for a 9D Breathwork includes the legal rights associated with the creation and ownership of proprietary material, graphics, images, techniques, and other related content included in the course, including but not limited to-

1. A 9D Multi-Dimensional Sound Experience, Binaural Brain Entertainment, Solfeggio Frequencies, Isochronic Brainwave Tones,432Hz Harmonic Tuning, Somatic Breathwork, Subliminal Hyponotic Therapy, Guided Coaching and Bioacoustics Sound Effects and 9D Journeys and programs introduced by the Company from time to time; 
2. Course Content: This includes any written, audio, video, or interactive material designed for the 9D Breathwork course, such as lesson plans, scripts, presentations, and exercises; 
3. Material: Any instructional material, including documents, worksheets, handouts, and manuals, provided to participants as part of the course; 
4. Graphics and Images: Visual elements created or used specifically for the course, such as diagrams, illustrations, logos, and branding assets; 
5. Techniques: Specific methods, approaches, exercises, or practices taught within the course for the purpose of breathwork; 
6. Any proprietary information, ideas, concepts, methodologies, or strategies developed by the Company for the purpose of delivering the 9D Breathwork course.

 
d) The Facilitator agrees to acknowledge the ownership of 9D Breathwork and IPRs during their interaction with clients. 

 
d) Definition of Confidential Information. Parties understand that “Company’s Confidential Information” means information including but not limited to 9D Breathwork program and course content, written, audio, video, or interactive material designed for the 9D Breathwork course, such as lesson plans, scripts, presentations, and exercises, visual elements created or used specifically for the course, such as diagrams, illustrations, logos, and branding assets, specific methods, approaches, exercises, or practices taught within the course for the purpose of breathwork, proprietary information, ideas, concepts, methodologies, or strategies developed by the course creator or organization for the purpose of delivering the 9D Breathwork course. Client’s and customer’s information that Company has or will develop, acquire, create, compile, discover or own, that has value in or to the Company’s activities which is not generally known and which the Company wishes to maintain as confidential. Company’s Confidential Information includes information disclosed by the Company to the Facilitator and information developed, acquired, overheard or become familiar by the Facilitator during his/her association with the Company. By example, and without limitation, Company’s Confidential Information includes any and all non-public information that relates to the activity and/or products, research or development of the Company, or to the Company’s technical data, trade secrets, or know-how, including, but not limited to, research, product plans, or other information regarding the Company’s products or services and markets therefor, customer lists and customers (including, but not limited to, customers of the Company on which Company called or with which Company may become acquainted during the term of his/her deputation, not including customers who are already business associates of Company, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, and other business information disclosed by the Company either directly or indirectly in writing, orally or by drawings or inspection of premises, parts, equipment, or other Company’s property. Notwithstanding the foregoing, Company’s Confidential Information shall not include any such information which Company can establish (i) was publicly known or made generally available prior to the time of disclosure by Company; (ii) becomes publicly known or made generally available after disclosure by Company through no wrongful action or omission by the Parties; (iii) is in Parties rightful possession, without confidentiality obligations, at the time of disclosure by Company as shown by contemporaneous written records; or (iv) independently developed by the Company during the course of his/her engagement with the Company without using the recourses and Company’s Confidential Information.
 
e) The Facilitator acknowledges and agrees that any and all information, including but not limited to trade secrets, proprietary information, know-how, techniques, methodologies, processes, IPRs and documentation related to current or future 9D Journeys developed or introduced by the Company, whether disclosed to the Facilitator before or after the date of this Agreement, shall be deemed Confidential Information subject to the terms of this Agreement. The Facilitator agrees not to imitate, copy, or edit the breathwork journeys from the Company’s library, irrespective of jurisdictional considerations.

8) CONSEQUENCES OF BREACH OF AGREEMENT

a) In the event of a breach of this Agreement by the Facilitator, including but not limited to IPR infringement, the Company reserves the right to terminate the facilitator’s access to the Company’s materials and resources immediately and without prior notice. Furthermore, the Company shall have a right to pursue legal action to seek damages for any harm caused by the breach. The Facilitator agrees to indemnify and hold harmless the Company from any losses, damages, or liabilities resulting from such breach, including but not limited to legal fees and expenses incurred in enforcing this provision. Additionally, the Company reserves the right to seek injunctive relief or any other appropriate remedy available under applicable law. The severity of consequences underscores the importance of compliance with this Agreement and serves as a deterrent against any attempts to infringe upon the Company’s intellectual property rights.
 
b) The Facilitator further agrees to pay compensation equal to 100% of the estimated benefits and damages derived from the 9D Breathwork’s intellectual property rights (IPR) infringements or breach of this Agreement.
 
c) Notification: In the event of a suspected breach of this Agreement by the Facilitator, 9D Breathwork shall notify the Facilitator in writing, specifying the alleged breach and providing a reasonable opportunity for the Facilitator to rectify the situation.
 
d) Resolution Period: Upon notification, the Facilitator shall have a specified period, as determined by 9D Breathwork, to rectify the breach. During this period, the Facilitator agrees to cooperate fully with 9D Breathwork to resolve the issue.
 
e) Termination: If the breach is not rectified within the specified resolution period, or if the breach is deemed irreparable or severe by 9D Breathwork, 9D Breathwork reserves the right to terminate the Agreement and access to Platform and service with immediate effect.
 
f) Consequences of Termination: Upon termination of the Agreement due to breach, the Facilitator forfeits any outstanding commissions or payments owed by 9D Breathwork. Additionally, the Facilitator may be subject to legal action or financial penalties for damages incurred as a result of the breach.
 
g) Confidentiality Obligations: The Facilitator agrees to maintain the confidentiality of the Company’s Confidential Information, even after termination of the agreement, and to refrain from using such information for personal gain or disclosing it to third parties.
 
h) Indemnification: The Facilitator agrees to indemnify and hold harmless 9D Breathwork from any losses, damages, liabilities, or expenses incurred as a result of the breach of the Agreement by the Facilitator.

i) By using services and accessing the licensed media library, Facilitator agree to comply with these guidelines, and the 9D Breathwork retains the authority to enforce this clause in case of any violation. The Company’s decision regarding the appropriateness of behaviour and subsequent actions shall be considered final and binding.

9) OBLIGATIONS OF 9D BREATHWORK

a) Provision of Services: 9D Breathwork shall provide the necessary resources, materials, and support required for the Facilitator to perform their duties effectively, including access to training, educational materials, and technical assistance.
 
b) Payment of Commissions: 9D Breathwork agrees to pay the Facilitator commissions as outlined in the Agreement in a timely manner and in accordance with the agreed-upon terms.
 
c) Communication and Support: 9D Breathwork shall maintain open communication channels with the Facilitator and provide ongoing support and guidance as needed to ensure the successful delivery of services.
 
d) Fair Treatment: 9D Breathwork shall treat the Facilitator fairly and in good faith, without discrimination or favouritism. It shall not engage in any conduct that could be construed as unfair or unethical.
 
e) Compliance with Laws and Regulations: 9D Breathwork shall comply with all applicable laws, regulations, and industry standards governing the provision of services.
 
f) Notification of Changes: 9D Breathwork agrees to notify the Facilitator of any changes to the terms and conditions of the Agreement in a timely manner and to provide the Facilitator with the opportunity to review and accept such changes before they take effect.
 
g) Termination of Agreement: If the agreement is terminated for any reason, 9D Breathwork agrees to provide the Facilitator with a Written Notice (defined below) of termination and to settle any outstanding payments or obligations in accordance with the terms of the Agreement. For the purpose of this Agreement, the “Written Notice” refers to a formal communication provided by Parties to each other, specifically detailing the termination of the Agreement. This notice shall be documented in writing and may be delivered via physical mail, email, or any other method agreed upon during the course of this Agreement. The notice shall include the reasons for termination and any relevant instructions or actions required by both Parties to conclude the Agreement.
 

10)  LIMITATION OF LIABILITY

In no event, 9D Breathwork shall be liable for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, whether based on breach of any express or implied warranty or condition, breach of contract or tort, including, without limitation, negligence or strict liability. In no event shall 9D Breathwork or its affiliates, officers, directors, employees, agents, or licensors be liable to you or any third party for any damages whatsoever arising out of or in connection with your use of the Platform or services.

11)  DISCLAIMER OF WARRANTIES

 a) The Platform and services are provided “as is” without warranty of any kind, either express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

12)  GENERAL

a) This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This Agreement may be modified by 9D Breathwork from time to time.
 
b) No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.
 
c) Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.

13)  DISPUTE RESOLUTION AND GOVERNING LAWS

a) This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands. The courts of the British Virgin Islands shall have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

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