Terms of Use

LAST UPDATED: JUNE 30, 2023

1. Overview 

These Terms of Use (“Terms”) form a legally binding contract between Coquihalla Mindfulness Inc. (“Coquihalla, "we", "us" or “our”) and the people and companies (“Users” or “you”) that access and use our website located at www.coquihalla.com or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all content, services, and products available at or through our Website and any other software application we operate. 

These terms govern the use of all products and services including any digital offerings provided via our Websites as well as our in-person or online programs and consumer products (collectively, the “Services”) and of all information, documents, catalogs, communications, files, text, graphics, and audio/visual content (collectively, the “Materials”) made available to you by way of the Services whether by oral, visual, electronic or other means. 

The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes. 

It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract that will impact your rights. 

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website. These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website. 

We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted on our Website and will apply to you prospectively, so you should check back each time you use our Services so you are aware of any changes, as they are binding on you. 

2. Medical, Therapeutic, and Insurance Disclaimer 

We provide Materials for general informational purposes only and these Materials are not intended or implied to serve as medical or therapeutic advice, diagnosis, or treatment. You should not use any Materials as a preventative health measure, gauge the state of your health or diagnose or treat any health issues, illnesses, or diseases. Coquihalla does not provide any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider. You should also have access to any/all prescription medications before visiting and have the required health insurance. Coquihalla does not hold any responsibility/liability for any injuries or health issues, and/or loss or damage to any belongings you brought at the Coquihalla Event or Retreat (“Retreat”). 

Coquihalla neither endorses nor is responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone other than an authorized Coquihalla representative while acting in their official capacity. 

3. Services Available On The Website 

All our in-person events or Services are hosted at third-party properties and must be purchased directly online at www.coquihalla.com. The below information regarding our policies with respect to our retreats is expressly subject to any additional policies and procedures communicated at the point of sale and/or provided on your retreat purchase confirmation. To the extent such policies and procedures communicated at the point of sale and/or provided on your retreat purchase confirmation conflict with these Terms, such policies and procedures shall apply. 

3.1. Retreats 

Our retreats are multi-day events at third-party properties that include well-being programming geared around particular themes. You must purchase a full package for a retreat including event tickets, hotel accommodations, and meals, and may add certain value-added products and services. 

3.1.1. Retreat payment plans 

Payment plans may be available for select retreats at our sole discretion, depending upon the retreat type, date, and enrollment capacity among other factors. The availability of payment plans for a specific retreat is subject to change without notice. The first payment is due at the time of enrollment with subsequent installments agreed upon and clearly indicated on your retreat purchase confirmation. Each installment may carry an administrative fee shared at the time of enrollment. Final payment must be made at least 60 days prior to the start date of your retreat. For enrollment in multiple retreats using the same credit card, only one fee (if any) applies per installment. While we reserve your space as long as payments are received as scheduled, please note that your enrollment in a retreat is not complete until the final payment is processed. 

3.1.2. Retreat Refund, Reschedule, And Cancellation Policies 

Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or canceled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means. 

The Coquihalla Retreat is subject to the following cancellation, rescheduling, and refund policies:

1. You may be required to complete certain assessments and health questionnaires along with a prescreening process in order to determine suitability for and to fully enroll in the Coquihalla Retreat (for information about how your information will be treated in connection with the foregoing, please see our Privacy Policy); please note that if the aforementioned requirements are not satisfied thirty (30) days prior to the start of your Coquihalla Retreat program session, your enrollment will be canceled at such time and will be subject to the cancellation policy set forth below. 
2. As of August 27, 2022, Coquihalla Retreat guests are no longer required to provide proof of COVID-19 vaccination or negative testing prior to attendance and while guests are highly encouraged to continue to wear masks indoors, a mask mandate will not be enforced unless required by local regulations. Coquihalla Retreat guests must follow the location’s safety standards and procedures which are subject to change based on the current nature of the COVID-19 pandemic and related public health guidance. Please refer to the COVID-19 guidelines section for more details. 
3. Please note that space is very limited at Coquihalla Retreats and your enrollment at a Coquihalla Retreat may preclude another individual from being able to attend. Accordingly, your purchase is fully refundable upon cancellation only within 36 hours of purchase. 
4. In the event you cancel your attendance at a Coquihalla Retreat following 36 hours and up until 60 days prior to the retreat, you will be refunded your deposit (or $1,111 whichever one is higher) in the form of a program voucher (“PV”) and will be refunded any amount paid more than the deposit amount in the original form of payment. Following the date that is 60 days prior to the retreat, the payment must be paid in full. In the event the payment is not made, your spot may be sold to a different participant.
5. In the event, that you cancel your attendance within 60 days you will receive a program voucher (“PV”) in the amount you paid for the Retreat less the deposit amount (or $1,111 whichever one is higher). No PV will be provided in the event of a cancellation within 30 days of the Retreat start date.
6. Program Vouchers from payments made for Coquihalla Retreats may be applied toward any Coquihalla products and services but may not be used as the deposit amount for future retreats.
7. PVs may be used to purchase any other Coquihalla product or service. Please note that in case of cessation of Coquihalla retreats, your PV may only be eligible for use in connection with Coquihalla digital products, and any consumer products we may offer. All PVs expire eighteen (18) months following their issuance. 
8. If you cancel your attendance after the start of the retreat, do not show up at a retreat you are scheduled to attend or leave an event early for any reason, no refunds or Program Vouchers will be issued. 
9. In the event you want to Reschedule your Retreat booking, all the Cancellation policies mentioned above apply. 
10. You may only move your Coquihalla Retreat dates two (2) times; in the event you are unable to attend your scheduled Retreat following two (2) moves, your funds will be forfeited. 
11. In the event we determine, in our sole reasonable discretion, that a retreat must be postponed due to factors beyond our control, we will automatically enroll you in the rescheduled retreat; in the event you choose not to attend the rescheduled retreat, we will issue you a Program Voucher for the full amount of your purchase. 
12. In the event we need to cancel a retreat, we will immediately refund the full purchase price to you.

If you have any questions regarding refunds please contact us via email at contact@coquihalla.com.  

3.1.3. Scholarships

As you apply for the Coquihalla Scholarship you agree to the following terms:

• Coquihalla has the consent to share the participant and winner details on social media. 
• The scholarship only includes what is being sold as a part of each Retreat, Anything extra such as flights, health and/or travel insurance, or add-on activities is not a part of the Scholarship.
• All the requirements such as filling out the Wellness Questionnaire, responsibility for personal belonging, and medical conditions apply to all the participants, including Scholarship Winners.

4. Video, photographic, and audio reproduction consent & release 

During all Coquihalla Retreats and Services video content, photographic images, and audio recordings (collectively, “Footage”) are regularly captured by Coquihalla staff, as well as authorized independent contractors retained by us, for our use and reproduction, including but not limited to for promotional and other commercial purposes. As a result of your participation in these Services, you may be included in such Footage. 

5. User Generated Material 

We may enable you and others to participate in in-person, telephonic, or online group lessons, meditations, workshops, and other sessions as well as in online groups, chat rooms, and message boards, some of which may be a required or optional component of certain products and service offerings. In connection with these forums, you may have the opportunity to share comments, perspectives, and other information with the Coquihalla community. Please note that some of these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on non-Coquihalla websites. Other forums, including group lessons, meditations, and workshops may be recorded and remain accessible to other participants in the session or the particular program to which the session relates. You may also share testimonials or reviews of our products and services or ideas and comments about ways to improve the Services for public display or for our private use. In connection with all of these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”). 

User Generated Material must not: 

• Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive, or harmful, as determined by us in our sole and absolute discretion; 
• Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate, or assist any illegal activity or unlawful act; 
• Create or threaten harm to any person or loss or damage to any property; 
• Infringe any patent, trademark, trade secret, copyright, contract, or other intellectual property or proprietary rights of us or any other person; 
• Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Misrepresent your identity or affiliation with any person or organization, including Coquihalla; 
• Seek to collect other users’ e-mail addresses and/or their usernames or passwords for any services by electronic or other means for any purpose including sending unsolicited e-mail or other electronic communications; 
• Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Coquihalla or the networks or services connected to Coquihalla or install or attempt to install or promote spyware, malware or other computer code on our or third parties' computers or equipment; or 
• Involve commercial activities such as contests, sweepstakes, and other sales promotions, barter, advertising, or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by Coquihalla. 

We do not claim ownership of User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assignees, agents and licensees, and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, titles, and interests in any compilation, collective work, or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content, and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees, and other monies owing any person related to User Generated Material that you share via Coquihalla. 

We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify, and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution, and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party shares via Coquihalla, nor do we assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. 

YOU WAIVE AND HOLD HARMLESS COQUIHALLA AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS, AND CONTRACTORS (COLLECTIVELY, THE “COQUIHALLA PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE COQUIHALLA PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH COQUIHALLA PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to User Generated Material on Coquihalla that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material, whether or not it violates our Terms. 

Please choose carefully the information you share via Coquihalla and that you give to other users. You are discouraged from publicly sharing PII, including your telephone numbers, street address, e-mail address, or other information that allows strangers to find you or steal your identity. 

You assume all risks associated with interacting with other users with whom you come in contact through our Website or otherwise in connection with the Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via Coquihalla and from any claims related to the conduct of any other users. 

We reserve the right but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible at all times for your conduct and your interactions with other users. 

6. Prohibited Conduct 

Unless expressly provided for herein or as agreed upon in writing duly signed by us and you, you may not under any circumstances: 

• Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index, or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means; 
• Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright, and other proprietary notices contained in and on any such Materials;
• Use the Materials in a manner that suggests an association with any of our products, services, or brands; 
• Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks, or other proprietary notices marked on any Materials or any digital rights management mechanism, device, or other content protection measures either directly or through other means; 
• Mirror, frame, screen scrape, or deep-link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us; 
• Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Website in any other way. 
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses, or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate the Coquihalla system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Coquihalla or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof; 
• Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms, or otherwise; 
• Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Services for any commercial solicitation purposes, without express written permission from Coquihalla; 
• Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes, and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services; or
• Use our Website to engage in any illegal activity or the planning of any illegal activity. 

7. Intellectual Property Rights 

You may create a plain text hyperlink to the pages of our Website provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation, or endorsement by or with us. You may not use any of our trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you. 

We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms.

Unless otherwise specified, the Services and the Materials are for your individual, personal, and non-commercial use. No other rights, assignments, licenses, or legal relationship of any nature, including but not limited to agency, partnership, joint venture, employer-employee, 

franchisor-franchisee, or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in these Terms. 

We or our affiliates own, control, or license the Materials available via the Services, and the Materials are protected from unauthorized use, copying, and dissemination by International intellectual property laws. No right, title, or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services that is not expressly permitted by these Terms may be a breach of the Terms and may violate copyright, trademark and other laws. 

We respect the intellectual property rights of others and expect our users to do the same. We may remove User Generated Material that in our sole discretion appears to infringe the copyrights of others. If you believe that we or another user has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. 

Our Copyright Agent can be reached via email at contact@coquihalla.com.

8. Privacy Policy 

By accessing or using our Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms. 

9. Third Party Websites 

Our Website may contain links to non-Coquihalla websites on the Internet. Any such links to non-Coquihalla websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-Coquihalla sites, including social media sites. We do not control or endorse these non-Coquihalla websites, nor review or approve the content that appears on such websites, and expressly disclaim responsibility and liability therefore. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or

interactions with elements of such non-Coquihalla websites outside of our control, or for the content, goods, or services available on or through such non-Coquihalla websites. 

Additionally, you may choose to share information about your activities in connection with our Services with users of other services, including social media services, via tools, we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner. 

Please consult the Privacy Policies and Terms of Use for any non-Coquihalla websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Services for more information about how such websites and services govern your activities and use your information.

10. General Consent to Electronic Communications 

You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), or by notice posted on www.coquihalla.com as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us. 

You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you. 

Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding Coquihalla, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Generated Material you provide, or in relation to customer service issues. 

Coquihalla may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services. 

11. Termination 

You may cancel these Terms of Use at any time by discontinuing your use of the Website.

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect. 

We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Materials or discontinuing any of our offerings entirely. Any description of the features of products or services offered by Coquihalla shall not be considered to be a representation by Coquihalla that such features will always be included in such products and services. 

We also reserve the right, subject to the Terms, to restrict access to some or all of the Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. 

For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services, Website, or Materials is unavailable at any time or for any period. 

12. Limitation Of Liability 

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability, or damages of any kind resulting in any way from the use of the Website. 

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory. We do not warrant that your use of the Website will be uninterrupted, secure, or error-free. 

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable. 

13. Indemnification 

You agree to indemnify and hold harmless COQUIHALLA MINDFULNESS INC., including our officers, directors, shareholders, employees, and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

Under no circumstances will the Coquihalla Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the Services, your access or use of the Website or Materials, any User Generated Material, your data, or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the Coquihalla Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the Coquihalla Parties be liable to you or anyone else for loss, damage, or injury relating to any third party providing you with services. In no event will the Coquihalla Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to Coquihalla for the product or service giving rise to the claim. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

You shall indemnify, defend, and hold harmless Coquihalla and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in any way related to your (a) acts and/or omissions on or off the Website or while otherwise using or accessing our Services; (b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website, Services, or User Generated Material; (c) breach of these Terms; (d) disputes with or between other users; (e) use and/or misuse of the Website or Materials; (f) violation of any applicable law or regulation; (g) submitting inaccurate, untimely, incomplete or misleading User Generated Material; (h) misstatements and/or misrepresentations; or (i) contracts or arrangements made or provided based on any Materials provided via the Services. You must cooperate as requested by Coquihalla in the defense of such claims. Coquihalla reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by, and you shall not, in any event, settle any claim or matter on behalf of Coquihalla without the written consent of Coquihalla. This indemnification obligation shall survive the cessation of your use of the Services. 

14. Security Breaches 

In order to protect your security, it is your sole responsibility to ensure that all data provided is kept secure and confidential. 

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

15. Warranties And Representations 

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website. 

16. Compliance With Laws 

You represent and warrant that: 

• You have the authority to bind yourself to these Terms of Use; 
• Your use of the Website will be solely for purposes that are permitted by these Terms of Use; 
• Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and 
• Your use of the Website will comply with all local, provincial, and federal laws, rules, and regulations, and with all policies posted on the Website 

You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use. 

17. Age Restrictions 

In order to accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 13 years of age (“Minimum Age”). Coquihalla’s Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Coquihalla the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.

18. COVID Policy 

As always, the health, safety, and well-being of our community are a top priority. 

We pay close attention to the evolving nature of the ongoing COVID-19 pandemic and changes to related guidance from public health organizations, including the CDC, as well as local rules and regulations in effect at the locations where our retreats are held. We also recognize that due to the lifting of mask mandates in public spaces, such as airplanes and hotels, more stringent safety requirements that we might seek to enforce at Coquihalla Retreats regarding COVID-19 would be insufficient to fully control the environment at our events.

Consequently, as of August 27, 2022, we are no longer requiring proof of COVID-19 vaccination or negative testing prior to attendance at Coquihalla events. In addition, although we highly encourage guests to continue to wear masks indoors at our events, we will not be enforcing a mask mandate unless required by local regulations. 

Please note that our policies and procedures continue to be based on the current nature of the COVID-19 pandemic and related public health guidance, among other factors. Accordingly, this policy is subject to change. We encourage you to check this page regularly for any changes or updates to the foregoing. 

19. Governing Law And Dispute Resolution 

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of British Columbia. 

If any claim, dispute, or controversy occurs between COQUIHALLA MINDFULNESS INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential, and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or COQUIHALLA MINDFULNESS INC. Arbitration shall be held in the Province of British Columbia, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in the absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, RSBC 1996, c 55. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 

To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of the Services or access or use of the Website must be commenced within one year after the claim or cause of action arises. 

If any controversy, allegation, or claim arises out of or relates to the Services, Materials, your access or use of the Website, or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our email address below. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. 

If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us. 

20. Waiver Of Class Action

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against COQUIHALLA MINDFULNESS INC. or its affiliates related to any claim, dispute, or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against COQUIHALLA MINDFULNESS INC. otherwise commenced. 

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law. 

21. General Terms 

a. Assignment 

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. 

Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void. 

b. No Waiver 

No waiver of a provision, right, or remedy of this Agreement shall operate as a waiver of any other provision, right, or remedy or the same provision, right, or remedy on a future occasion. 

c. No Agency 

The parties to these Terms of Use are independent contractors and are not partners or agents. COQUIHALLA MINDFULNESS INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website. 

d. Severability 

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect. 

e. Entire Agreement 

These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to Privacy Policy), incorporated by reference, constitute the entire agreement between you and COQUIHALLA MINDFULNESS INC. and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of these Terms of Use. 

22. Questions On These Terms Of Use

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: contact@coquihalla.com. 

Please note that any such communications received from you will be considered User Generated Material and will be treated as such in accordance with these Terms and may be used by us without restriction and without any obligation, financial or otherwise, to you. 

23. Confirmation Of Agreement To Terms Of Use 

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.