RELEASE AND WAIVER OF LIABILITY
WHEREAS TKD-Events.com, a General Partnership carrying on business in the City of Ottawa, in the Province of Ontario (“TKD-Events”), offers tournament and event organizers online event management, promotion and consultation services through its website, TKD-Events.com (the “Website”);
AND WHEREAS I would like to use the Website to manage and promote my tournament or event (the “Event”) online.
By clicking the “I AGREE” button at the bottom of this screen, I hereby agree to all of the provisions herein:
1. OVERVIEW. TKD-Events hereby agrees to provide me with the online event management, promotion and consultation services set out in the Package that I have selected, namely Custom Package (the “Package”), in exchange for a fee to be determined via Email (the “Fee”). TKD-Events’ offer to provide the Package is conditional upon my execution of this Release and Waiver of Liability (the “Agreement”).
2. TERM. This Agreement is effective upon acceptance until TKD-Events has completed the services detailed in the Package (the “Term”).
3. SERVICES. TKD-Events only agrees to complete the services that are detailed in the Package (the “Services”). I am solely responsible for any management, promotional or consulting activities related to the Event that are not expressly identified in the Package.
4. LICENSE TO USE TRADE-MARKS. I hereby irrevocably and absolutely grant TKD-Events my unlimited permission to use any trade-marks associated with the Event, for the sole purpose of completing the Services and promoting the Event. TKD-Events will not use any such trade-marks for any other purpose at any other time whatsoever.
5. REPRESENTATIONS AND WARRANTIES. I represent and warrant the following:
a. By clicking the “I AGREE” button below, I acknowledge and confirm that I have read this Agreement in its entirety, and that I understand and agree with all of the contents herein.
b. I attest and verify that I am 18 years of age.
c. I understand that the Event may involve registrants’ participation in activities that are strenuous and/or can result in physical injury, and I am fully aware of the risks involved in facilitating an event of this nature.
d. I acknowledge and confirm that TKD-Events is in no way responsible for injuries, damages or other claims that may arise by virtue of registrants’ attendance at the Event.
e. I will ensure that all persons wishing to participate in the Event sign, or otherwise accept, an Event-specific Release and Waiver of Liability (the “Event Waiver”), which will include a provision releasing and holding harmless TKD-Events.
f. I acknowledge and confirm that I am solely responsible for the creation of the Event Waiver.
g. I understand that the Event will not be promoted on the Website until TKD-Events has received a copy of the Event Waiver for inclusion in the Website’s online registration portal.
h. I acknowledge and confirm that TKD-Events makes no representations or warranties regarding the relative success or failure of the Event including, but not limited to, final registration numbers.
i. I understand that TKD-Events will not provide any refund or reimbursement of the Fee, or otherwise, for any reason whatsoever including, but not limited to, cancellation of the Event or poor attendance at the Event.
j. I understand that I have had the opportunity to contact the Website regarding any questions or concerns that I may have about the promotion of my Event prior to my purchase of a Package.
k. I understand that TKD-Events only offers to provide the Services outlined in the Package for events which comply in all aspects with the applicable laws of the Province of Ontario, Canada and any other jurisdiction in which the such events may take place, including, but not limited to, municipal by-laws, human rights legislation and privacy laws. I agree that, should it come to TKD-Events’ attention that the Event is in violation of any of the above, or is otherwise deemed by TKD-Events, in its sole discretion, to be an event which is indecent or otherwise offends general community standards of acceptable conduct, TKD-Events may, at its discretion, immediately terminate this Agreement and remove the Event from the Website (“Termination for Unacceptable Conduct”). In the event of a Termination for Unacceptable Conduct, TKD-Events shall bear no further obligation to me, including, but not limited, to any refund or reimbursement of the Fee. Furthermore, I acknowledge and confirm that TKD-Events may ban me from using the Website and/or purchasing a Package in the future, if it is determined that I have operated an Event in violation of this section.
6. DISCLAIMER OF ANY WARRANTY. THE WEBSITE AND THE PACKAGES OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. IF THERE IS ANY WARRANTY OR PROMISE BY ANY THIRD PARTY, IT IS STRICTLY BETWEEN YOU AND SUCH THIRD PARTY, AND IF THERE IS NONE, THEN THIS DISCLAIMER STATES THE LIMITS OF YOUR RIGHTS. TKD-EVENTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT. YOU USE THE WEBSITE AND PURCHASE THE PACKAGE REFERRED TO HEREIN AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE AND/OR PURCHASE OF THE PACKAGE INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
7. LIMITATION OF LIABILITY. TKD-EVENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY AMOUNT, WHETHER AS INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE AND/OR PURCHASE OF ANY PACKAGE ON THE WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YOU ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
8. RELEASE AND INDEMNIFICATION. To the maximum extent permitted by applicable law, you hereby release and waive all claims against us, and our respective affiliates, partners, officers, employees, agents, consultants, licensors, co-branders or other collaborators (collectively, the “Covered Persons”), for all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and legal fees) or every kind and nature, arising from or in any way related to your use of the Website or purchase of a Package. You will indemnify, defend and hold Covered Persons harmless against any and all claims, costs, losses, damages, liabilities, judgements and expenses (including reasonable fees of lawyers and other professionals) (the “Claim” or “Claims”) that may arise from or are related to your use of the Website or purchase of a Package. You will control the defence and settlement of any Claim that is subject to this indemnification, provided that we may, at any time, elect to take over control of the defence and settlement of any such Claim. In any event, you will not settle any such Claim without our prior written consent.
9. ENTIRE AGREEMENT. This Agreement and the contents of the Package you have selected constitute the entire agreement between the parties hereto pertaining to the subject matter hereof. There are no oral warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth or referred to herein.
10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
11. TERMINATION. This Agreement shall be terminated:
a. At any time with the written agreement of the parties;
b. Upon expiry of the Term; or
c. By virtue of TKD-Events exercising its right to trigger a Termination for Unacceptable Conduct, as described in sub-section 5(k) herein.
I HAVE READ THE ABOVE TERMS AND CONDITIONS, AND FULLY UNDERSTAND EACH PROVISION’S CONTENTS.
BY CLICKING THROUGH TO PURCHASE ONE OR MORE OF THE PACKAGES OFFERED ON THE WEBSITE, I CONFIRM THAT I HAVE READ, ACKNOWLEDGED AND VOLUNTARILY AGREED TO THIS RELEASE AND WAIVER OF LIABILITY IN RELATION TO TKD-EVENTS.COM.