By making a purchase on http://www.sportscampscanada.com (the “Site”), you agree to Sports Camps Canada, ULC’s, 250 Howe Street, 20th Floor, Vancouver, British Columbia, V6C 3R8 (“SCC”) purchase terms and conditions and our cancellation and refund terms, found in our Peace of Mind Policy (together, the “Terms”).
Prices, Payment Methods and Billing
SCC strives to provide accurate information about its services, but errors may occur. SCC reserves the right to correct any pricing errors and to modify the prices of services at any time, without prior notice. SCC cannot confirm prices until after you submit an order. Prices quoted are payable in Canadian dollars unless otherwise displayed at check-out.
Without limiting the generality of these Terms, in the event that the price or the service (as described on the Site and/or the Order Confirmation you receive) is incorrect due to an error in pricing, SCC may, at its sole discretion, refuse or cancel your order, whether before or after SCC’s acceptance thereof. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order the correct price.
Should you make payment online, you authorize SCC (or our partner VeriSign) to bill your payment method at the advertised price plus any applicable taxes or fees.
SCC values your security and privacy with all online transactions. SCC uses Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted. SSL is the industry standard for secure commerce transactions. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet.
Users hereby consent to the exchange of information and documents to SCC over the Internet or by email and that these Terms (together with any applicable Order Confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Release of Liability, Waiver of Claims and Assumptions
In consideration of my child/ward (“Child”) of whom I/we am/are the parent(s) or legal guardian(s) (“I”, “myself”), being allowed to participate in this sport camp program (the “Camp”) operated by the Company, its related events and activities (“Activities”), and for other good and valuable consideration, the receipt and sufficiency of which, I, on my behalf and on the behalf of my Child and our respective heirs, executors, administrators, personal legal representatives, assigns and next of kin (collectively, our “Legal Representatives”) acknowledge and agree as follows:
SCC, Nike, Inc. (collectively the “Company”) and its affiliates and their respective shareholders, directors, officers, employees, contractors, agents and volunteers and its representatives, and, if applicable, owners and lessors of premises used for Activities (collectively referred to as the “Releasees”) are relying on the completeness of the information provided in this form.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
There are significant risks and dangers, both known and unknown, of serious injury from the sports activities involved in this program and there are also risks of injury from such outside camper activities. These risks and dangers may be affected by a number of factors including, but not limited to: the Child’s and other participants’ physical strength, coordination or sense of balance; Child’s and other participants’ experience and training in activities provided by the Camp; the proximity of medical care; compliance with the rules and regulations of the Camp and Company and the safety rules for the equipment (the “Rules”); compliance with the instructions of the Company’s employees; and the negligence or intentional acts or omissions of others including, but not limited to, other participants, observers or any of the Releasees. I fully assume the risk of any personal injury, illness or death occurring to my Child and the risk that any personal property belonging to myself and/or my Child is lost, stolen or damaged even if such injury, illness, death, loss or damage is caused by the negligence or willful acts or omissions of any of the Releasees or any other person and whether same occurs while participating in or observing the Activities or in any other area of the Camp or even outside of the Camp.
WAIVER AND RELEASE
I hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings (collectively, “Claims”) which I, my Child, Legal Representatives and any other person who may claim through me by virtue of section 61 of the Family Law Act (Ontario), now or in the future have against the Releasees (or any of them) and hereby release and forever discharge the Releasees (and each of them) from any and all Claims and liability for or in respect of any illness, injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to my Child participating in or observing the Activities or attending at the Camp, due to any cause whatsoever including, but not limited to, negligence, willful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.
In the event that: (a) my Child causes or contributes in any way to the injury or death of any person who is at a Camp or to the damage or loss of any property at a Camp, and/or (b) any Claims are made or brought against the Releasees (or any of them) in connection with any matter hereinbefore released; I shall indemnify and hold harmless the Releasees (and each of them) from and against any and all resulting or related Claims, liabilities, judgments, costs and/or expenses (including lawyer’s fees and disbursements).
In the event of any dispute to any provision of this Release and Waiver, or pertaining to the services rendered pursuant to this Release and Waiver or in any way related to attendance at a Camp, including any claim against the Releasees, I agree to submit to binding arbitration to resolve such disputes. In the event either party incurs any expense as a result of the other party’s failure to comply with any provision of this Release and Waiver, the non-complying party shall be liable for reimbursement of any and all such expenses or legal fees directly or indirectly related to failure to comply. In the event any legal action or proceeding occurs which is in any manner related to or pertaining to this agreement, attempting to challenge in a non-arbitral forum such as a court of law the validity or application of this agreement, the party who substantially prevails in that court or non-arbitral proceeding shall be entitled to receive reasonable costs of such action or proceeding including legal fees. In the arbitration itself, each party shall bear its own legal fees.
I acknowledge I may have additional rights. I understand the above paragraph does not prevent me from exercising my right to commence an action in the Ontario Superior Court of Justice for matters not covered by this arbitration clause.
This Release and Waiver shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
If any portion of this Release and Waiver is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect. In this Release and Waiver, headings are for convenience of reference only and are not intended to be full or complete descriptions and words in the singular shall include the plural and vice versa. This Release and Waiver shall be binding upon myself, my Child and our Legal Representatives.