Terms & Conditions
Below, find an english translation of the legally-binding German version.
Effective from February 14, 2025INTRODUCTION
Welcome to Berlin Breath Club! These Terms and Conditions (the “Terms”) govern your use of our wellness services, studio rental, and website. By accessing or utilizing any of our offerings, you hereby agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must refrain from using our offerings.
Berlin Breath Club is operated by Marc Tommy Wiesener, who serves as the sole proprietor and legal representative. The studio is located at Karl-Marx-Straße 58 (2nd Courtyard), 12043 Berlin, Germany. The official website, berlinbreathclub.com, serves as the primary platform for booking services and engaging in related commercial transactions.
Services
Berlin Breath Club offers a variety of wellness services, which include but are not limited to breathwork, yoga, massage, high-intensity interval training (HIIT), consensual nudity, meditation, sound baths, performances, community events, and other holistic wellness practices. In addition, we provide studio rental services for both private and professional use. Some events are hosted at our Berlin studio, while others may be held at alternate locations within Europe or conducted virtually via Zoom. All bookings and related transactions are managed via our website.
Eligibility and Participation
Our services are exclusively available to individuals who are eighteen (18) years of age or older. By booking a class or renting the studio, you confirm that you meet the age requirement. To ensure an on-time and uninterrupted experience for participants, doors will close at the scheduled start time. If you are late, your ticket cannot be refunded, so please plan accordingly to avoid missing a class.
It is important to note that participation in breathwork and related activities may provoke intense emotional or physical responses. We strongly advise all participants to seek medical advice from a healthcare professional prior to engaging in our services, especially if they have pre-existing medical conditions such as cardiovascular issues, epilepsy, seizure disorders, recent surgeries, pregnancy, or ongoing medication use. Berlin Breath Club does not provide medical advice, and its services are not a substitute for professional medical care. By engaging in our services, you acknowledge and accept full responsibility for your health and well-being during participation.
Assumption of Risk, Release of Liability, and Waiver
By participating in any class, workshop, or activity offered by Berlin Breath Club, you explicitly acknowledge and agree that you are voluntarily engaging in physical and/or emotional exercises that carry inherent risks. These risks may include, but are not limited to, physical injury, emotional distress, allergic reactions, or temporary discomfort.
You fully assume responsibility for your own health, safety, and well-being during participation in any activity. In particular, you hereby release, discharge, and hold harmless Berlin Breath Club, its owner, instructors, employees, affiliates, agents, and any third parties acting on its behalf from any and all claims, liabilities, losses, damages, or injuries, whether physical or emotional, that may arise in connection with your participation.
This release of liability specifically covers the following:
Physical Injury
Recognizing that breathwork and other wellness activities may induce physical strain or discomfort, you waive any claim for personal injury resulting from your participation in activities, including but not limited to breathwork, yoga, massage, and related practices.Emotional Distress
Understanding that wellness activities may trigger emotional or psychological responses, you waive any claims arising from emotional distress, anxiety, or discomfort that may occur during or after participation.Negligence
This waiver applies to all claims, including those arising from negligence, except in cases of willful misconduct or gross negligence on the part of Berlin Breath Club or its representatives.Third-Party Liability
In the event that injury, damage, or loss occurs due to the actions of a third party involved in the event (e.g., other participants, subcontractors, renters of Berlin Breath CLUB studio space, or third-party service providers), you agree to release Berlin Breath Club from any liability arising from such third-party actions.
Additionally, Berlin Breath Club is not responsible for any personal property that may be lost, stolen, or damaged during participation in any class or event. This includes, but is not limited to, personal items such as bags, electronic devices, clothing, or other valuables.
Conduct and Respect for Shared Spaces
Berlin Breath Club is committed to maintaining a safe, inclusive, and respectful environment for all participants. Any form of discrimination, racism, violence, homophobia, or hostility will not be tolerated. Participants who violate this code of conduct may be denied access to our services and asked to leave the premises without refund.
The studio is managed within a shared space alongside other businesses, operated by AS@P. Certain areas, such as the garden, may be shared with others in the building. As such, Berlin Breath Club class participants and renters are expected to respect these shared spaces and maintain cleanliness. Failure to do so may result in the termination of your access to our services without refund.
Refunds, Cancellations, and Gift Cards
Ticket purchases for classes are non-refundable. However, participants may reschedule their bookings up to forty-eight (48) hours prior to the scheduled class. Gift cards issued by Berlin Breath Club are valid for two (2) years from the date of purchase and may be transferred to another individual. Package offers that include multiple sessions do not have an expiration date and are transferable to another individual.
Studio Rental Policies
The Berlin Breath Club studio is available to rent for various events, subject to specific terms and conditions. Renters are fully responsible for their guests.
Shoes are prohibited
Due to the delicate nature of the flooring, shoes are strictly prohibited inside the studio, and all footwear must be stored in the designated area.Cleanliness
Renters are required to clean and restore the studio to its original condition, including ensuring that all equipment and decor remain undamaged. Cleaning supplies are available on-site, and sufficient time should be allocated for this purpose.Timeliness
Renters must also adhere to check-in and check-out protocols as communicated by the owner or via the website. Renters exceeding their booked rental time will incur an additional charge of 30 EUR per hour. Should a rental overrun interfere with another scheduled class or event, the renter will be liable for the full value of the interrupted service.Damages
Any damage to the studio or its contents will be the financial responsibility of the renter. In the event that the studio key is lost, the replacement price and other costs arising from this must be paid.Vaping/Smoking Prohibited
Renters are strictly prohibited from smoking or vaping, using fire, open flames, or candles within the studio. Should the smoke detector be triggered—whether intentionally or unintentionally—the renter will be held liable for any resulting damages and associated fees. Should a tobacco odor be detected after a rented period, the renter is assumed guilty and is obliged to pay Berlin Breath Club a fee of 150€ to cleanse the space.Lost Items
Berlin Breath Club is not responsible for any personal property lost, stolen, or damaged during the rental period.Rescheduling
Rental fees are non-refundable but may be rescheduled up to 48 hours before the booking or refunded in cases of force majeure. Renters seeking additional information should contact Berlin Breath Club directly.
Liability for Property and Equipment
Berlin Breath Club provides a variety of amenities, not limited to audiovisual equipment, kitchen facilities, and wellness equipment. Renters and participants are responsible for any damage to these items. The toilet facilities are for the disposal of toilet paper only; other objects must not be flushed. Any damages to the property may result in charges for repair or replacement.
Please protect your belongings. Berlin Breath Club is not liable for any personal belongings that are lost, stolen, or damaged during your participation in classes or studio rentals.
Use of Third-Party Services
Berlin Breath Club relies on third-party services to facilitate the booking, management, and delivery of its offerings. These third-party services include but are not limited to:
Squarespace
Our website is hosted by Squarespace, which provides us with the tools necessary to offer our website and services to you. By using our website, you agree to the Terms and Conditions of Squarespace as applicable.Acuity Scheduling
We use Acuity Scheduling to manage and facilitate class bookings. Acuity Scheduling is a third-party service that enables participants to schedule and manage their appointments with Berlin Breath Club. All bookings made through this service are subject to the terms and conditions of Acuity Scheduling, and by using this service, you agree to their policies.Zoom
For virtual classes, Berlin Breath Club utilizes Zoom as our video conferencing platform. By participating in virtual classes via Zoom, you agree to comply with the terms and conditions of Zoom, including any usage restrictions or requirements related to the platform.
All customers using these services are bound by the respective third-party provider's terms and conditions, privacy policies, and any additional agreements required for the use of the service. Berlin Breath Club is not responsible for any issues arising from the use of these third-party platforms, including but not limited to technical failures, connectivity issues, or service interruptions.
Legal
Data Protection
Berlin Breath Club is committed to safeguarding your personal data in compliance with the General Data Protection Regulation (GDPR). Customers may opt-in or opt out of marketing communications at their discretion. For further details regarding the collection, storage, and usage of personal data, please refer to our Privacy Policy.
Amendments to the Terms and Conditions
Berlin Breath Club reserves the right to amend these Terms at any time. Any such modifications will be effective immediately upon posting on our website. Continued use of our services after any changes to the Terms constitutes your acceptance of the revised Terms. Berlin Breath Club commits to sharing updated policy announcements but it is your responsibility to review these Terms periodically.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Germany. Any disputes arising in connection with the use of our services shall be subject to the exclusive jurisdiction of the German courts. For any inquiries or clarifications, please email Berlin Breath Club.
Disclaimer for Content
No Guarantee for Timeliness, Accuracy, or Completeness
Berlin Breath Club does not guarantee the timeliness, accuracy, completeness, or quality of the information provided on the website or in associated materials.Limitation of Liability
Claims for damages against Berlin Breath Club, whether material or immaterial, arising from the use or non-use of the provided information or from the use of incorrect or incomplete information, are excluded, unless Berlin Breath Club can be proven to have acted with intent or gross negligence.Changes and Discontinuation of Services
All offers are subject to change and non-binding. Berlin Breath Club expressly reserves the right to modify, supplement, delete, or temporarily or permanently discontinue parts of the website or the entire offer without prior notice.
Liability for External Links
No Responsibility for Linked Content
The website of Berlin Breath Club contains links to external websites of third parties. Berlin Breath Club has no influence over the content of these linked pages and therefore assumes no liability for this external content.Responsibility of the Operators of Linked Pages
The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking.Removal of Links in Case of Legal Violations
Should legal violations become known, such links will be removed immediately. Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation.
Copyright
Protection of Own Content
The content and works created by Berlin Breath Club on this website are subject to German copyright law. Reproduction, editing, distribution, and any kind of use beyond the limits of copyright law require the written consent of Berlin Breath Club.Private, Non-Commercial Use
Downloads and copies of this website are only permitted for private, non-commercial use.Respect for Third-Party Copyrights
Insofar as the content on this website was not created by Berlin Breath Club, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, we kindly request that you notify us accordingly. Upon becoming aware of legal violations, we will remove such content immediately.
Liability as a Service Provider
Own Content
As a service provider, Berlin Breath Club is responsible for its own content on this website in accordance with general laws pursuant to § 7 (1) of the German Telemedia Act (TMG).No Obligation to Monitor Third-Party Content
According to §§ 8 to 10 TMG, Berlin Breath Club, as a service provider, is not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.Removal in Case of Legal Violations
Obligations to remove or block the use of information under general laws remain unaffected by this. However, liability in this regard is only possible from the point in time at which a specific legal violation becomes known. Upon becoming aware of such legal violations, we will remove this content immediately.