terms of service

Updated November 22 2022

These Terms of Service set out the terms and conditions on which Urszula Lipstajn dba. urszula.co is willing to provide you with access to this website (the “Site”) and paid services including coaching, yoga/movement classes, and retreats (the “Paid Services”).

By using the Site or registering for any Paid Services, you agree to be bound by and comply with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or Paid Services. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. 

Any new services, products, videos, posts, or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

general

Definitions

“You” refers to the person accessing the Site, engaging in coaching and/or attending a retreat, workshop or event.

“COMPANY, we or us” refers to Urszula Lipsztajn, urszula.co.

Changes To These Terms of Service 

We may need to make changes to these Terms of Service from time to time. We reserve the right to amend or improve these Terms of Service without prior notification, by posting a copy on the Site. By accessing the Site or registering for Paid Services after the changes are posted, you agree to accept the new terms of service. 

Governing Law and Jurisdiction

These Terms of Service are governed by the laws of British Columbia.  You agree that the courts of British Columbia have exclusive jurisdiction over any dispute arising out of the Site, the Paid Services or these Terms of Service.

Severability

If any provision of these Terms of Service is invalid or unenforceable, the remaining provisions will continue to be valid and will continue in full force and effect.

Entire Agreement

These Terms of Service, our Privacy Policy, and the descriptions of the Paid Services on the Site constitute the entire agreement between you and us regarding your use of the Site and any Paid Services you purchase, and supersede all other written and oral understandings, agreements, representations and warranties.

use of this site

Restrictions

You may only use the Site in accordance with applicable laws and these Terms of Service. You may not: (a) copy, reproduce, publish, or display any content or material from the Site without our consent, (b) access the Site on behalf of another person, (c) use any robot, scraper or other automated means to access the Site, (d) decompile, reserve engineer, or deconstruct any part of the Site, (e) gather, extract or mine for data on the Site, or (f) attempt to circumvent the security of the Site, including by accessing content that is not intended for you, introducing any viruses, worms or other malicious code, disrupting network services, or otherwise interfering with the proper working of the Site.

We reserve the right to terminate your access to the Site at any time in our sole discretion.

Third Party Links

The Site may contain links to third-party websites. If you choose to access a third-party website, you will be subject to the terms and conditions of the third-party once you leave the Site. We are not responsible for any third-party websites or services or for any loss or damage that may arise from your use of them.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, ADVICE, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES AND STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ILLEGAL CONDUCT OF ANY USER. 

IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR DO NOT AGREE TO ANY PART OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Indemnification

You agree to indemnify and hold us harmless from any action, claim, liability, judgement, loss, cost, or expense related to your use of the Site or your breach of these Terms of Service. 

intellectual property rights

Limited License to You 

This Site, all the materials available on the Site, and the associated copyright, trademark and other intellectual property rights are owned by us, and are protected by copyright, trademark, and other intellectual property laws. You may only use the Site and any materials posted on the site for personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site and is consistent with our values, reputation, and brand. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. You agree to remove any hyperlink to the Site if we request that you do so.

paid services

Services

We offer a number of Paid Services which you can register for through the Site, including coaching programs, retreats, and yoga/movement classes. The terms and conditions that apply to each Paid Service, in addition to the General terms above, are set out below.  Please read them carefully before registering for any Paid Service.

Currency

All sales are billed in CAD unless otherwise stated. As required by law, sales where applicable are billed for tax for all sales occurring in Canada. Tax amount is determined by province.

coaching

Services

We will provide the services described in the Coaching Program that you select, for the specified duration of that program.

Respect

We commit to treating each other with honesty, respect, and kindness. All persons are to be given the highest level of human experience, regardless of their age, orientation, race, gender / non-gender, work or life experience, and / or disabilities. 

Fees + Payments

Invoices are sent in monthly instalments unless communicated otherwise. The first instalment is due before the first session, and the first session will not take place until payment is received. If there has been a time overage in a certain month (i.e. you ask for additional sessions or extra time), that excess is added to the following instalment invoice at our standard hourly rate. Unused hours do not carry over to the following month. You agree to pay us within 30 days of invoice. Late payments may be billed at 2.5% / month interest. Payments can be made by e-transfer to urszula@urszula.co or credit card. 

Scheduling, rescheduling, and cancellations

You can reschedule a session with 48 hours written notice to us. If you request to reschedule or cancel with less than 48 hours notice, you may be charged for the original session. You may not take a ‘time-out’ or suspend the services during the program.  If you choose to end the program or stop receiving services before the program is over, you will not receive a refund. If we need to reschedule a session, we will use best efforts to give you 48 hours notice.  We have the right to terminate any program on 24 hours written notice to you, and will refund a proportional share of any monthly fees that you have paid and will not be used.  

Communication

Emails or calls will be replied to slower outside standard business hours. You will always receive a reply within a reasonable timeframe. 

Copyright

We may provide you with worksheets, resources, and other materials or content in the course of providing the services to you. We are the exclusive owner of all right, title and interest in these materials, including the associated copyrights and other intellectual property rights. You may only use these materials for personal, non-commercial use in connection with the coaching program. You may not copy them, publish them, or share them with others unless we give you written permission to do so. All rights not expressly granted are reserved. 

Confidentialty

Our sessions are confidential and will not be shared with anyone unless you agree otherwise or we are required to by law.  If we believe that you are involved in illegal activities or there is an imminent risk to you or someone else, we may be required to inform the appropriate authorities.  We reserve the right to seek second opinions from other coaches or professionals when necessary, while keeping your name and any identifying information confidential.

Indemnification

You agree to indemnify and hold us harmless against any and all liabilities, claims, damage, loss, and expenses, including reasonable attorney’s fees that we incur as a result of providing our services to you.  

Disclaimer

Coaching is not legal, financial or medical advice, mentoring, therapy, or counselling, and is not a replacement for these services. We do not diagnose or provide treatment for psychological or mental health issues.  We do not guarantee that the services will lead to your desired outcome. You agree to take sole responsibility and ownership for any and all choices you make and actions you take. 

Commitment from me

+ I will coach you with curiosity, compassion, honesty, non-judgment, and love 

+ I will celebrate your accomplishments, challenge limiting beliefs, and be your champion 

+ I will be on time and present for our sessions 

+ I will give you practices and self-work to support your growth 

+ I will return your emails and phone calls 

Commitment from you

+ I give you permission to challenge me with love, honesty, and respect 

+ I will listen with openness and be honest 

+ I commit to and will take the time needed to do the practices and my self-work 

+ I commit to being open to trying new ways of being that may be uncomfortable 

+ I will be on time and present for our sessions 

+ I will return your emails and phone calls 

What coaching is offering 

+ To coach you on a topic that deeply matters to you, that you’ve had difficulty making and/or sustaining progress to date 

+ An approach to personal transformation that enables you to flourish 

+ Practices with worksheets and tools to get you to where you want to go 

+ A safe space for you to be who you are 

What coaching is not

+ A plan to fix you (you are not broken) 

+ Doing the work for you (you got this!) 

+ A quick and easy solution (you are worth it)

yoga and movement classes

Services

We will provide yoga, movement, and breath work instruction as described in the class description (each referred to as a “Class”).  The Class may be provided online or in-person.

Payment

You must pay for the Class in advance, when you register on the Site.  All payments are non-refundable, but your registration may be transferred to another person if you are unable to attend.

Personal responsibility

You understand that the Class may include physical movement, breath training and stress reduction techniques. As is the case with any physical activity the risk of injury is always present. Even if the Class is performed properly and in accordance with the instructions provided by us, every person’s body may respond differently and even a perfectly held posture can result in wounds, sprains, muscle strains, bodily injuries, heart attacks, and other medical issues or injuries. While highly unlikely, it is possible any of these injuries can lead to death.  If the Class is held in person, you may also be exposed to the risk of airborne illness. By registering for the Class, you agree that you are aware of these risks and agree to accept them.  

Cancellation and rescheduling

If we have to cancel a Class, we will try to reschedule to another date or modify the Class as necessary (i.e. moving an in-person Class online).  If a Class is rescheduled, your registration will be transferred to the new date.  If we cancel a Class without rescheduling, we will refund your registration fee.

Health

By registering for the Class, you agree that you are sufficiently healthy and fit to participate. If you have any concern or doubt about your health or ability to participate in the Class safely, you agree to act prudently and not participate without a medical opinion.  If you are pregnant, have cardiovascular or breathing issues, are experiencing any symptoms of illness, have any other known medical condition, or may otherwise pose a health risk to others, you should not participate without consulting a medical professional. If you feel out of breath, become dizzy, have pain, or experience any other adverse sensations during the Class, you should stop immediately and consult a medical professional. We strongly recommend that you do not participate in any Kundalini yoga Class during pregnancy. We do not represent that we have any knowledge or expertise in evaluating the physical, mental, or emotional health of Class participants. 

Liability

The practice of yoga and movement has inherent risks, some of which may be more obvious than others. By registering for a Class, you agree to accept all risk of injury, illness and death related to the Class, and expressly release and waive all claims against us related to your participation in the Class, no matter how it occurs, even if the damage was not foreseeable in advance or was caused by our negligence. Further, you agree that this release of claims will apply to your families, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

retreats

Deposit 

To confirm your booking with us, you will be required to pay A NON-REFUNDABLE DEPOSIT OF $25% towards the total price of your booking. A booking confirmation receipt will be issued and the balance of the price of your retreat must be paid no later than 60 days before the retreat start date. If your booking is made under 60 days of the retreat start date, the full amount is payable at the time of booking.

Final payment

FINAL PAYMENT Payment of the balance of the retreat is due is full 45 days prior to the retreat start date. If the balance is not paid on or before the due date, we reserve the right to treat your booking as cancelled.

Please refer to the specific retreat website page to confirm what is and is not included in the retreat cost. Travel costs including flights/airfare and insurance are not included and are solely your responsibility. The retreat begins when you arrive at the accommodation or location we have booked for you and ends when you leave the accommodation/location.

Travel documents

For retreats outside your home country, you must carry a valid passport and have obtained all other required travel documents (visas, permits, certificates etc.) for the country(ies) you will visit during your retreat. For many countries, your passport must be valid for at least 6 months beyond the duration of the retreat; please make sure to research the applicable passport requirements. It is your responsibility to ensure that you are in possession of all such required travel documents for your trip. We are not responsible if you are refused entry to a country. 

Insurance

Travel involves inherent uncertainty and risk, including sickness, injury, personal emergencies, theft, denial of entry, accident, delays, cancellations, and other unpredictable circumstances. Travel insurance varies based on the policy you purchase, but as a general rule, this type of insurance may provide coverage for a variety of losses which a client may incur relating to a booking. You agree that you are 100% responsible for any losses, penalties, fees or other financial consequences arising out of any booking or trip, or the cancellation or interruption of any retreat.

You agree to purchasing the appropriate trip cancellation and interruption insurance and emergency medical coverage within one month of booking or 60 days prior to retreat start date, whichever comes first. Note that insurance options change the further away you purchase it from the time of booking.  This will help protect you from financial loss if we have to cancel a retreat, you have to cancel your booking, or you have to leave early.

Cancellations by you

Depending on when you cancel, cancellation penalties may apply that compensate us for lost revenue and various non-refundable costs that we incur in planning the retreat. The later you cancel, the less likely it is that we will be able to find another guest to fill your spot and the more costs we will incur. If you choose to cancel your retreat reservation for any reason, fees are determined by the following schedule:

Depending on when you cancel, cancellation penalties may apply that compensate us for lost revenue and various non-refundable costs that we incur in planning the retreat. The later you cancel, the less likely it is that we will be able to find another guest to fill your spot and the more costs we will incur. If you choose to cancel your retreat reservation for any reason, fees are determined by the following schedule:

  • If you cancel more than 120 days before your retreat start date, 100% of payment, excluding the non-refundable deposit, will be refunded or applied to a future retreat occurring within 12 months of the original retreat start date. For example, if you pay 25% non-refundable deposit and $1,000 in additional payments you will be refunded 100% of $1,000 = $1,000.

  • If you cancel 45 – 119 days before your retreat start date, 50% of your payment, excluding the non-refundable deposit, will be refunded or applied to a future retreat occurring within 18 months of the original retreat start date. For example, if you pay 25% non-refundable deposit and $1,000 in additional payments you will be refunded 50% of $1,000 = $500.

  • If you cancel 30 – 44 days before your retreat start date, 25% of your payment will be refunded or applied to a future retreat occurring within 12 months of the original retreat start date. At this point 100% of your total fees have been paid and you will be refunded 25% of that amount.

  • If you cancel 30 days or less before your retreat start date, or are a no-show for any reason, you will forfeit your entire payment. We do not offer credit or reduced fees for a guest arriving late or leaving early.

We do not offer credit or reduced fees for a guest arriving late or leaving early.

Cancellation by URSZULA.CO 

We reserve the right to cancel any retreat at any time up to (and including) the 61st day before the scheduled retreat start date, for any reason. In this scenario, you will receive a complete refund of all monies paid to us. In addition, we reserve the right to cancel or interrupt any retreat at any time if, due to natural disaster, political instability, pandemic, governmental order, or other disruptions and/or circumstances beyond our control (“force majeure circumstances”), the operating of the retreat would be impractical, unsafe or otherwise unviable. In the scenario a retreat is cancelled or interrupted due to a force majeure circumstance, you will receive a refund equal to the monies paid to us less any costs we have incurred which are not recoverable and minus bank transfers costs. This is why you are required to purchase travel insurance. Under no circumstance will we refund or compensate you for any costs related to flights or transportation that you have purchased in connection with the retreat. If the retreat is interrupted or cancelled, we are not liable for any financial consequences you may suffer as a result (e.g. additional airfare or penalties, additional accommodation, lost income, lost opportunity etc.)

Immunizations, Travel advisories + warnings

You assume full responsibility for verifying and complying with any travel requirements and recommendations which may be necessary or desirable for travel in the applicable country(ies) and/or region(s), including immunizations and medications. You also assume full responsibility for researching the safety and security conditions in the applicable country(ies) and/or region(s) during the period of scheduled travel, and being aware of any applicable travel advisories and/or warnings, and agree that you will not travel if you have any doubts about your safety or security, or you pose any health risk to other travellers or retreat participants. We recommend that you consult a health professional who is knowledgeable about travel medicine and related medical issues in the country(ies) and/or region(s) to be visited before registering for a retreat.

Third party operators are independent contractors

We do not own, operate or control any person or entity that provides any goods or services for or during your retreat (“Third Party Operators”), including any lodging facilities, tour operator, food service provider, rental companies etc. Rather, we contract with Third Party Operators to provide all goods and services for a retreat.  You acknowledge that all Third Party Operators are independent contractor(s), and not our affiliates or employees. In selecting Third Party Operators, we do our best to seek out reliable suppliers and contractors to provide the necessary travel-related goods and services, but we do not control their actions and cannot guarantee the quality of their goods or services. Further, if you choose to contract with a Third Party Operator for additional activities or services that are not included in your retreat (e.g. horseback riding, massage, surfing, sightseeing), you acknowledge that you do so at your sole risk and will be bound by the terms and conditions of that operator. Accordingly, you agree that we shall have no responsibility or liability for any acts or omissions of any Third Party Operators in connection with your retreat. Without limiting the foregoing, we will not be liable for any direct, indirect, consequential or incidental damage, liability, injury, loss cost or expense you may incur (including any claim relating to personal injury, illness, death, property damage or loss, delay or other inconvenience) arising out of or by reason of the acts or omissions of any Third Party Operator, and you expressly agree to waive any claims you may have against us in connection with the goods and services of Third Party Operators. 

Assumption of risk

We are dedicated to providing a safe environment for all clients who participate on our retreats. However, you must take responsibility for your own behaviour and safety. Furthermore, you must understand and assume the risks and hazards inherent in travel and group activities. These risks and hazards may include, without limitation, delays, illness (including exposure to COVID-19 and other airborne illnesses), injury, death, force majeure circumstances (e.g. natural disaster, civil unrest, pandemic, governmental orders), the negligence of Urszula.co, or other persons (including Third Party Operators), the intentional and/or criminal conduct of others or other circumstances. 

Certain locations are remote and require additional travel time away from city centres and towns; as such, medical attention may not always be readily available or may be of inferior quality compared to what is available at home. Also, you may be visiting places where the political, cultural and geographical environment is very different than where you live, and in some cases, these differences may present increased risks and/or challenges. We use reasonably available information from the Canadian Government, applicable foreign governments and reports from our contacts in planning each retreat’s itinerary, and assessing the viability of each retreat’s itinerary as the start date approaches, but we cannot guarantee that our information is accurate or up-to-date. 

It is your responsibility to acquaint yourself with all available and relevant travel information for your destination and the nature of your itinerary and exercise caution and good judgement during the retreat to avoid unnecessary risk. You acknowledge and agree that your decision to travel, and any decisions you make while travelling, are and will be made after having considered the applicable risks, and you expressly assume the personal risks involved and waive any potential claims you may have against us that relate to the aforementioned risks or any other risks or hazards that may arise while travelling. 

Indemnity and release

WITHOUT LIMITING ANY OTHER TERMS CONTAINED IN THESE TERMS OF SERVICE, YOU HEREBY AGREE TO INDEMNIFY AND RELEASE US AND ANY OF OUR STAFF, TEACHERS OR CONTRACTORS FROM ANY CLAIM, LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE RETREAT, INCLUDING PERSONAL INJURY, ILLNESS OR DEATH, NO MATTER HOW THEY ARE INCURRED, EVEN IF THEY ARE CAUSED BY OUR NEGLIGENCE. You assume all risks related to the participation in the retreat and understand that you are forfeiting all legal recourse against us to the maximum extent permissible by law, including but not limited to any form of damages. Further, you agree that these provisions apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.

Health + safety

If the retreat includes yoga, meditation, movement classes, or other physical activities, the terms of service above that relate to Yoga and Movement Classes (with the exception of the rescheduling/cancellation and payment provisions) will apply. Should you have any concerns or doubts about your health or ability to participate any portion of the Retreat safely, we insist you act prudently and do not participate. 

Coaching

If the retreat includes coaching, the terms of service above that relate to Coaching will apply (with the exception of rescheduling/cancellation and payment provisions).  If group coaching is provided, we will advise participants that to keep all information obtained during the group coaching sessions confidential but cannot guarantee that all information shared will be kept confidential by every member of the group.

Likeness and photo release

We will take photos and video footage during the retreat that may include your image.  You consent and grant us the right to use those photos and/or footage for marketing and promotional purposes (including, without limitation, on our website, in advertisements, marketing materials and/or on our social media platforms), on a royalty-free basis, throughout the world and in perpetuity. You also grant us a limited license to re-post any photos or videos that you publish from the retreat, provided that we use good faith efforts to credit you as the source of any such photos or footage that are re-posted.