1. Acceptance of Terms

(a) Binding Agreement

These Terms and Conditions of Use (“Terms of Use”) govern your use of the website for Marcia Leiva, doing business as Presencia (“Presencia”), having a website domain of presencia.ca, any content available through the Presencia website, and any of Presencia’s social media channels and related platforms (collectively, the “Website”) and constitute a binding legal agreement between you and Presencia.

(b) Acceptance and Agreement

Each time you access the Website, you signify your acceptance and agreement and the acceptance and agreement of any person you purport to represent (and for purposes of these Terms of Use, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with any of these Terms of Use or our Privacy Policy, then you should not access or use the Website for any purpose.

2. Use of our Website

You agree not to take any action that may compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties. Presencia reserves the right to terminate or limit your access to the Website for any violation of these Terms of Use, or for any other reason, in the sole discretion of Presencia.

3. Privacy Policy

Presencia collects, uses and discloses your personal information in accordance with the Presencia Privacy Policy. You hereby consent to Presencia’s collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

4. Services

(a) Discontinuance or Change

Presencia reserves the right without prior notice to discontinue services or change specifications and prices on services offered or advertised on the Website.

(b) Incorrect pricing

In the event that a service is listed at an incorrect price for any reason, including a typographical error, Presencia shall have the right to refuse services at the incorrect price, regardless of whether the order or service has been confirmed and/or your credit card charged.

(c) Payments

You agree to make timely and full payments to Presencia for any purchased services.

(d) Refunds

All purchases are final. Presencia does not offer any refunds for purchased services.

(e) No Guarantee as to Results

The Website may refer to testimonials, reviews, case studies, or other feedback relating to its services (collectively, the “References”). The References do not necessarily describe typical results of Presencia’s clients, and are not a guarantee of the results you can achieve by using the Website and/or services provided by Presencia.

5. Ownership and Permitted Use of the Website

(a) Ownership

The Website, including all of its content, is the property of Presencia and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

(b) Permitted Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way without the prior consent of Presencia. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the prior consent of Presencia.

(c) No reproduction

You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Website or services or content or other information or materials of any kind owned by Presencia without the express prior consent of Presencia.

6. Trademark Information

The trademarks, trade names, logos and service marks (“Marks”) displayed on the Website are protected by intellectual property rights of Presencia and others in agreement with Presencia or that of other third parties. Any use of any Mark, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

7. Links With Other Websites

(a) Links to Other Sites

For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Presencia, and Presencia has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. The inclusion of any link to an Other Site does not imply endorsement by Presencia of such Other Site, its owner or operator, or any products or services.

(b) Links from third-party websites

Presencia has no responsibility or liability for or control over third party websites that link to the Website and/or services, and Presencia makes no representation or warranty regarding such third parties, or their websites, content, goods, or services.

(c) Personal Information

These websites may collect data about you, use cookies, embed additional third-party tracking and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

8. Availability and Access to Website

Presencia has the exclusive right to control accessibility, hours of use, features on the Website and any other information found on the Website. Presencia can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Presencia reserves the right to monitor use of the Website. You acknowledge that temporary interruptions in the availability of the Website may occasionally occur. Presencia will not be held liable for any damages due to such interruptions.

9. Disclaimer

PRESENCIA DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF EFFECTIVENESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY PRESENCIA TO THE FULLEST EXTENT PERMITTED BY LAW. PRESENCIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PRESENCIA WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

10. User Content

(a) Posting User Content

Presencia may from time to time and at its sole discretion post content on the Website that has been submitted to Presencia by a user, including, but not limited to, service reviews or other comments (“User Content”).

(b) No Objectionable User Content

Without limiting the generality of the foregoing, Presencia may refuse to post on the Website, or remove from the Website, any User Content that it deems, in its sole discretion, to: (i) be indecent, inappropriate, hateful, tortuous, slanderous, libelous, obscene, profane, lewd, defamatory; (ii) contain third-party materials or otherwise violate or infringe any intellectual property right of any person; (iii) make reference to any commercial/corporate advertising; or (iv) otherwise be objectionable.

(c) No Misleading as to Origin

You may not use a false e-mail address, impersonate any person, or otherwise mislead as to the origin of any User Content.

(d) Right to Use User Content

You retain the copyright in any User Content and grant Presencia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content submitted by you. You also grant Presencia the right to use the name submitted by you in connection with User Content, if Presencia so chooses.

(e) User Content Representations and Warranties

You represent and warrant that you own or otherwise control all of the rights to User Content submitted by you; that such User Content is accurate; that use of such User Content does not violate these Terms of Use and will not cause injury to any person; and that you will indemnify Presencia for all claims resulting from such User Content. Presencia has the right, but not the obligation, to monitor and edit or remove any User Content. Presencia takes no responsibility and assumes no liability for any User Content.

(f) User Content Not Confidential

User Content will not be treated as confidential, and it may be broadly available to other persons, including Presencia and unrelated third parties.

11. User Feedback

You agree that Presencia has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Website, phone calls, or otherwise, for the purpose of marketing or promoting Presencia’s Website and/or services.

12. Indemnification

You hereby agree to defend, indemnify and hold Presencia, its partners, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successor and assigns harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your use of the Website, including any breach by you of these Terms of Use.

13. Refusal of Service

Presencia reserves the right to refuse access to the Website or services to any person or entity in its sole and unfettered discretion including, without limitation, for a violation of these Terms of Use or any other agreement governing use of the Website and/or services.

14. Governing Law and Dispute Resolution

These Term of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Presencia and you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matters must be resolved before the Courts of the Province of British Columbia, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.

15. Changes to these Terms of Use

Presencia may, in its sole discretion, change, supplement or amend these Terms of Use as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend these Terms of Use in any manner.

16. Other Matters

(a) Entire Agreement

These Terms of Use, including any changes made to these Terms of Use from time to time, constitutes the entire agreement between you and Presencia relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Presencia with respect to your use of the Website.

(b) Severability

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(c) Enurement

The provisions of these Terms of Use will enure to the benefit of and be binding upon each of

Presencia and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

(d) No Waiver

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

(e) Headings

The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any provisions.

(f) Language

The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui;y rapportent soient redigés en anglais.

Contact Us

If you have any questions regarding these Terms of Use please contact Presencia at info@presencia.ca.

PRIVACY POLICY

Privacy Policy for Marcia Leiva doing business as Presencia (“Presencia”)

At Presencia, protecting your personal information is a priority. We are committed to providing our clients with exceptional service. Providing this service includes the collection and use of some personal information about our clients.

PERSONAL INFORMATION COLLECTED

This website collects personal data including information about your browser, network and device, web pages you visited prior to coming to this website, web pages you view while on this website and your IP address. This information may also include details about your use of the website, including pages visited, scrolling, searches and timestamps. We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity. Squarespace analyzes the data in a de-personalized form.

We also collect personal information when you attend virtual sessions or call us on the phone.

COOKIES

This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information on viewing the cookies dropped on your device, visit the cookies Squarespace uses. These functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you. These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity and other data.

CONSENT

We will obtain client consent to collect, use or disclose personal information except where, as noted below, we are authorized to do so without consent.

Consent can be provided orally, in writing, electronically, through an authorized representative, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client voluntarily provides personal information for that purpose.

We may collect, use or disclose personal information without the client’s knowledge or consent in the following limited circumstances:

• when the collection, use or disclosure of personal information is permitted or required by law;

• in an emergency that threatens an individual’s life, health, or personal security;

• when the personal information is available from a public source (e.g., a telephone directory);

• when we require legal advice from a lawyer;

• for the purposes of collecting a debt;

• to protect ourselves from fraud; or

• to investigate an anticipated breach of an agreement or a contravention of law.

We may contact you via email in the future to tell you about products and services or changes to our privacy policy. With the exception of the emails sent with respect to order and account emails set out below, individuals are given the opportunity to opt-out of receiving email communications from Presencia by using the unsubscribe mechanism at the bottom of emails sent by us.

PURCHASES

When you purchase something through our website, we collect personal information from you to fulfill the order. We may collect information like your billing and shipping address, details relating to your purchase, email address, name and phone number. This information allows us to accurately maintain records regarding your service, billing and contact information. This information is also shared with Squarespace, our hosting platform, so that it can provide website services to us. As you go through checkout, this site may autocomplete your shipping and billing address by sharing what you type with Google Places API and returning suggestions to you to improve your checkout experience.

When credit card data is collected, that information is encrypted and transmitted to us in a secure way.

ORDER AND ACCOUNT EMAILS

We may email you with messages about your order and account activity. For example, we may email you to tell you that you’ve created a client account, your client account password has been reset or updated or that you’ve made a purchase. It is not possible to unsubscribe from these messages. We share your contact information with Squarespace, our hosting platform, so that they can send these emails to you on our behalf.

FONTS

This website serves font files from and renders font using Google Fonts and Adobe Fonts. To properly display this site to you, these third parties may receive personal information about you, including information about your browser, network or device, information about this site and the page you’re viewing on it and your IP address.

THIRD PARTY PROVIDERS

We may use the services of third party professionals in carrying out our business operations, and may provide your personal information to them; however, we only share the information necessary for these professionals to perform their role, and require they adhere to the highest possible levels of confidentiality with respect to the use of this information. You may request that we not provide information about you to our professional representatives.

SECURING PERSONAL INFORMATION

We are committed to ensuring the security of client personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. We will use appropriate security measures when destroying personal information of clients. We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

PROVIDING CLIENTS ACCESS TO PERSONAL INFORMATION

Our clients have a right to access their personal information, subject to limited exceptions, such as solicitor-client privilege, for health and safety concerns, or where disclosure would reveal personal information about another individual. A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought. We will make the requested information available within 30 days, or provide written notice of an extension where additional time is required to fulfill the request. A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client of the cost and request further direction from the client on whether or not we should proceed with the request. If a request is refused in full or in part, we will notify the client in writing, providing the reasons for refusal and the recourse available to the client.

CHANGES TO THE PRIVACY POLICY

Our privacy commitment includes maintaining and updating a Privacy Policy which ensures the accuracy, confidentiality and security of our clients’ personal information. All changes will be posted on www.presencia.ca.

The services and information provided in any session is provided solely for general informational purposes and does not create a business or professional services relationship, nor is it a substitute for medical attention, examination, diagnosis or treatment for medical or mental health conditions. Although Marcia Leiva is a registered physiotherapist, the views expressed on the website or any related content or in any virtual sessions are not medical or psychiatric advice. Always consult your physician before making any decisions relating to your physical or mental health. Marcia Leiva, doing business as Presencia, disclaims any liability or loss arising out of or in connection with the services, information and advice herein and provided in any format to you. Any reliance on the services, information and advice is solely at the user’s own risk.

The user acknowledges having read and understood the contents of this Disclosure and agrees as follows:

(1) I am responsible for my own healthcare decision-making by obtaining any necessary consultations with appropriately licensed health care professionals such as physicians, psychiatrists and psychologists. I agree to seek medical assistance or psychotherapy or any other appropriate physical or mental diagnosis and treatment from a duly licensed practitioner (such as a licensed medical doctor or licensed psychiatrist or psychologist) if I find that these distressing aspects create any danger for myself or for others. I acknowledge that Marcia Leiva is not replacing care currently provided to me by other physicians or licensed healthcare providers.

(2) I understand that Marcia Leiva makes no representation, claims or guarantees that my medical or mental problems or conditions will be cured, solved or helped by her recommendations.

(3) THE CLASSES, THE WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THEREIN (COLLECTIVELY, THE “CLASS MATERIAL”) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO EFFECTIVENESS, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

(4) The Class Material is the property of Marcia Leiva. Without limitation to the foregoing reservation of copyright, Class Material shall not in whole or in part be reproduced, stored in a retrieval system or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of Marcia Leiva. The class does not confer and shall not be construed as conferring on anyone any licence under any of Marcia Leiva’s or any third party’s intellectual property rights.

(5) IN NO EVENT WILL MARCIA LEIVA, HER ASSOCIATES, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES (ALL OF WHOM ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE “RELEASEES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED ARISING OUT OF THE USE OF THE CLASS MATERIAL, EVEN IF MARCIA LEIVA OR ANYOF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM AND WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE.

TO: Marcia Leiva, her associates, affiliates, agents, licensors, employees, independent contractors, subcontractors, and their directors, officers, employees, agents, independent contractors, subcontractors, sponsors, successors, assigns, and representatives (all of whom are hereinafter referred to collectively as the “Releasees”)

1. Definitions:

“Activities” include but are not limited to the following activities which may be provided by the Releasees through this online portal, video instruction, or in person instruction: (i) instruction and group discussion regarding movement, relaxation, eating, body scans, breathing, meditation, stress and stress response, emotions and reactions; (ii) yoga practices, stretching, physical movement and breathing techniques; and (iii) all other activities that are organized, promoted, conducted, advertised, or sponsored by the Releasees, whether or not previously listed in this section; and “Risks” include but are not limited to possibility of acute awareness of unpleasant thoughts, intense emotions or uncomfortable body sensations; loss of alertness and delayed responsiveness after meditation or other relaxation affecting functioning and your safe use of equipment or vehicles; physical injury or death in the event of impaired functioning and proper use of equipment or vehicles; physical injury in the event of yoga and/or other forms of mindful movement resulting in risks inherent in any physical activity such as minor muscle strains, muscle sprains, bruises, post-exercise muscle soreness, joint injuries, heart attack, paralysis and death; risk of failing security protocols causing a breach of privacy; and risk of allergic reactions or other adverse effects from changes to nutrition. I acknowledge and agree that although mindfulness and stress reduction techniques can be a helpful complement to treatment, adverse effects may arise in certain circumstances.

2. In consideration of my participation in Activities organized by the Releasees, I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, hereby agree as follows:

a. I freely accept and fully assume all risks and dangers resulting from my participation in the Activities.

b. I understand and acknowledge that the Activities bear certain Risks, and that the Releasees cannot eliminate, alter, or control these inherent risks.

c. I certify that I have not been advised by a qualified medical person not to participate in the Activities or any similar activities. I agree that the Releasees are not qualified to evaluate me or my fitness for involvement in the Activities. I agree that if I have any medical issues or other concerns that may affect my ability to participate in the Activities, I will seek the advice of a qualified medical professional before participating in the Activities.

d. I freely waive any and all claims that I have or may have in the future against the Releasees, and I release the Releasees from any and all liability for any loss, damage, expense, or injury (including death) that I may suffer, or that my next of kin may suffer, as a result of my participation in the Activities due to any cause whatsoever, including negligence on the part of the Releasees, and I agree that this Agreement shall be effective and binding upon me, my heirs, next of kin, executors, administrators, assigns, representatives and successors.

e. I agree to waive my rights to sue the Releasees for any cause whatsoever associated with the Activities, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Releasees, including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 and any amendments thereto, and including a failure on the part of the Releasees to safeguard or protect me from any risks and dangers associated with the Activities.

f. I agree to hold harmless and indemnify the Releasees from any claims or demands which may be made against any one of them, either alone or in combination, arising out of or as a consequence of my participation in the Activities.

g. I agree to hold harmless and indemnify the Releasees from any and all liability for any damage, loss, or injury to any third party resulting from my participation in the Activities.

3. Application. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

4. Jurisdiction. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the Province of British Columbia.

5. No Extrinsic Evidence. In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.

6. Interpretation. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. Wherever the context so requires, use of the singular in this Agreement includes the plural and conversely.

I have read and understand this Agreement prior to signing it and am aware that by signing this document, I am affecting the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and assigns in relation to the Releasees. This includes giving up the right to sue the Releasees as a result of my conduct or their conduct. I have had the opportunity to seek legal advice before signing this Release and Waiver.