Effective December 1, 2021

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS, AND INDEMNITIES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES OFFERED BY COAST FLOW YOGA OR THE WEBSITE AS SUCH USE WILL BE CONSIDERED ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

CHANGES TO THIS AGREEMENT

Coast Flow Yoga reserve the right, at its sole discretion, to change, modify, add or delete portions of this Agreement from time to time without further notice. Upon such change, modification, addition, or deletion of any portion of this Agreement, Coast Flow Yoga will date and post the most current version of this Agreement on the website. Any changes to this Agreement will be effective upon posting the revised Agreement on the website. Notice of other changes may be provided via the website. It is your responsibility to regularly check this page and the date of this Agreement whenever you visit the website to see if this Agreement has been updated and to review such changes. Your continued access or use of any portion of the service constitutes your acceptance of such changes, modifications, additions or deletions. If you do not agree to any of the changes, we are not obligated to keep providing the service, and you must stop using the service.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By using the service or registering with Coast Flow Yoga, you understand that we may send you communications or data regarding the services, including but not limited to: (a) notices about your use of the service, including any notices concerning violations or use; (b) updates; and (c) promotional information, newsletters and materials regarding Coast Flow Yoga’s products and services, via electronic mail from us by following the opt-our instructions provided in the message.

ASSUMPTION OF RISK, WAIVER, AND RELEASE

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Coast Flow Yoga, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in yoga and fitness in association with the Classes and Facilities of Coast Flow Yoga.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, sprains and others; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, seizures, concussions and others; and (3) catastrophic injuries including but not limited to paralysis and death. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Coast Flow Yoga’s Classes and Facilities, and should not be participating in any of Coast Flow Yoga’s classes.

In consideration of being allowed to participate in and access the Classes and Facilities of Coast Flow Yoga, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities of Coast Flow Yoga; (2) release, indemnify, and hold harmless Coast Flow Yoga, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the classes or use of the facilities of Coast Flow Yoga; and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Coast Flow Yoga’s Classes and Facilities; (b) do not have a physical or mental condition that would put you in any physical or medical danger; and (c) have not been instructed by a physician to not participate in physical exercise.

VALUABLES AND PERSONAL PROPERTY

You acknowledge that you have been urged to avoid bringing valuables onto Coast Flow Yoga’s Classes and Facilities and that Coast Flow Yoga shall not be liable for the loss of, theft of, or damage to your personal property, including items left in changerooms, bathrooms, studios, or anywhere else in Coast Flow Yoga’s Facilities. You acknowledge that no portion of any fees paid by you is in consideration for the safeguarding of your valuables.

The Coast Flow Yoga website allows users to receive information about Coast Flow Yoga to book, cancel and pay for classes. The Classes and Facilities offered by Coast Flow Yoga include, but are not limited to, the www.coastflow.ca website.

These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Classes and Facilities. By using the Classes and Facilities, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Coast Flow Yoga website) or you are a “Member” (which means that you have registered with Coast Flow Yoga and/or purchased one or more authorized uses of Classes and Facilities). The term “User” refers to a Visitor or a Member. You are only authorized to use the Classes and Facilities (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully. If you do not agree to be bound to these Terms of Service, you should leave the Coast Flow Yoga website and discontinue use of the Classes and Facilities immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

TERMS OF USE – YOUR ACCEPTANCE

By using and/or visiting this website, you signify your agreement to these Terms of Service, as well as Coast Flow Yoga’s Privacy Policy. If you do not agree to any of these terms or the Coast Flow Yoga Privacy Policy please do not use the Coast Flow Yoga website. Coast Flow Yoga may, in its sole discretion, modify or revise its Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

COAST FLOW YOGA’s WEBSITE

These Terms of Service apply to all Users of the Coast Flow Yoga website. The Coast Flow Yoga website may contain links to third party websites that are not owned or controlled by Coast Flow Yoga. Coast Flow Yoga has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Coast Flow Yoga will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Coast Flow Yoga from any and all liability arising from your use of any third-party website.

COAST FLOW YOGA ACCOUNTS

In order to access some features of the website, you will have to create a Coast Flow Yoga account. You may never use another person’s account without permission from Coast Flow Yoga and such person. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Coast Flow Yoga immediately of any breach of security or unauthorized use of your account.

Although Coast Flow Yoga will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Coast Flow Yoga or others due to such unauthorized use.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By using the service or registering with Coast Flow Yoga, you understand that we may send you communications or data regarding the services, including but not limited to: (a) notices about your use of the service, including any notices concerning violations of use; (b)updates; and (c)promotional information, newsletters and materials regarding Coast Flow Yoga’s products and services, via electronic mail. We will give you the opportunity to opt-out of receiving commercial electronic mail from us by following the opt-out instructions provided in the message.

UPDATES TO SERVICES

Coast Flow Yoga reserves the right at any time and from time to time, in its sole discretion and without notice, to make unscheduled deployments of changes, modifications, maintenance, updates, upgrades, and enhancements to the service and to add or remove functionalities or features, or suspend or stop the service altogether. NOTWITHSTANDING ANY PROVISIONS HEREIN, YOU AGREE THAT COAST FLOW YOGA SHALL NOT BE LIABLE IN ANY WAY TO YOU OR ANY THIRD-PARTY FOR SUCH CHANGE, MODIFICATION, MAINTENANCE, ADDITION, REMOVAL, UPDATE, UPGRADE, ENHANCEMENT, SUSPENSION OR TERMINATION.

NO WARRANTY

Coast Flow Yoga PROVIDES THE SERVICE “AS IS”, “WITH ALL FAULT” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COAST FLOW YOGA MAKES NO(AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINCEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. VITAL SOFTWARE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT OR THIRD-PARTY SITES.

GENERAL TERMS

TERM

These Terms of Service shall remain in full force and effect while you use the Classes and Facilities or are a member. Coast Flow Yoga may terminate your membership at any time, without warning, if you breach these Terms of Service. These Terms of Service shall survive the termination of your membership and shall continue to remain in effect.

FEES

You acknowledge that Coast Flow Yoga charges fees for its services, and Coast Flow Yoga reserves the right to change its fees from time to time in its sole discretion. If Coast Flow Yoga terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of your membership or other fees.

PASSWORD

When you sign up to become a member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Coast Flow Yoga immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS

Coast Flow Yoga hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, without Coast Flow Yoga’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Coast Flow Yoga reserves the right to discontinue any aspect of the Coast Flow Yoga website at any time.

YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Coast Flow Yoga website. The content on the Coast Flow Yoga website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Coast Flow Yoga, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Coast Flow Yoga reserves all rights not expressly granted in and to the website, the Content and the Marks. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Coast Flow Yoga website or the Classes and Facilities provided by you to Coast Flow Yoga are non-confidential and shall become the sole property of Coast Flow Yoga.

You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Coast Flow Yoga website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Coast Flow Yoga website or the Content therein.

MOBILE SERVICES

The Classes and Facilities may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase the use of Classes and Facilities via your mobile phone, (ii) the ability to receive and reply to Coast Flow Yoga messages, and (iii) the ability to browse Coast Flow Yoga from your mobile phone (collectively, the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees may still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Coast Flow Yoga and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY

Coast Flow Yoga will terminate a user’s access to its website if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service, the Privacy Policy or any other policy of Coast Flow Yoga.

YOU AGREE THAT YOUR USE OF THE COAST FLOW YOGA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COAST FLOW YOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COAST FLOW YOGA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE CLASSES AND FACILITIES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COAST FLOW YOGA WEBSITE. COAST FLOW YOGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE COAST FLOW YOGA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COAST FLOW YOGA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE CLASSES AND FACILITIES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COAST FLOW YOGA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COAST FLOW YOGA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CLASSES AND FACILITIES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COAST FLOW YOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COAST FLOW YOGA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT COAST FLOW YOGA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The website is controlled and offered by Coast Flow Yoga from its facility in Canada. Coast Flow Yoga makes no representations or warranties that the Coast Flow Yoga website is appropriate or available for use in other locations. Those who access or use the Coast Flow Yoga website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Coast Flow Yoga, its direct and indirect parent corporations, subsidiary affiliate entities, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from your use of and access to the Coast Flow Yoga website or your violation of any term of these Terms of Service. Your obligations under this defense and indemnification section will survive the termination of these Terms of Service and/or your use of the Coast Flow Yoga website.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than (a) 18 years of age, (b) an emancipated minor, or (c) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and hereby agree to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as the Coast Flow Yoga website is not intended for use by children 16 or younger

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coast Flow Yoga without restriction.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Coast Flow Yoga on the website, shall constitute the entire agreement between you and Coast Flow Yoga concerning the Coast Flow Yoga website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Coast Flow Yoga’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Coast Flow Yoga reserves the right to amend these Terms of Service at any time without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Coast Flow Yoga website following any amendment of these Terms of Service will signify your assent to and acceptance of any revisions made to the Terms of Service.

ARBITRATION

Any dispute, claim or controversy which shall arise out of or in relation to this Agreement, or the breach thereof (a “Dispute”) shall be settled by confidential, final and binding arbitration in accordance with the Arbitration Act (British Columbia), in the following manner: (a) the Dispute shall be resolved by a single arbitrator; (b) failing agreement by the parties, the arbitrator shall be appointed by the Supreme Court of British Columbia pursuant to the Arbitration Act (British Columbia); (c) the seat of the arbitration shall be British Columbia; (d) the location of the hearings shall be in Vancouver, British Columbia; (e) the arbitration award shall be made in writing and shall be final and binding on the parties, and shall deal with the question of costs and all matters related thereto; and (h) nothing in this Agreement shall prejudice or impair a party’s ability to apply to the Supreme Court of British Columbia, or such other court of competent jurisdiction, to obtain interim or interlocutory injunctive relief.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

WEBSITE SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Coast Flow Yoga website or the Classes and Facilities, provided by you to Coast Flow Yoga are non-confidential and shall become the sole property of Coast Flow Yoga. Coast Flow Yoga shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

QUESTIONS

Please contact us at info@coastflow.ca with any questions regarding these Terms of Service.