THESE TERMS AND CONDITIONS INCLUDE A RELEASE OF CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.
These Terms and Conditions (“Terms”) govern your participation in the Friendsgiving event (“Event”) made available by QuadReal Property Group Limited Partnership (“QuadReal”, “we” or “us”).
- Contractual Relationship
These Terms are a legally binding contract between you and QuadReal. By participating in the Event, you agree to be bound by these Terms. If you do not agree to these Terms, or cannot comply with these Terms, you may not participate in the Event.
Our collection and use of personal information in connection with the Event will be treated in accordance with QuadReal’s privacy policy which can be accessed at https://westshoretowncentre.com/privacy-policy/.
These Terms will be exclusively governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
- Participation in the Event
Participation. To participate in the Event you must be 18 years of age or older or, if alcohol is included in the Event, you must be 19 years of age or older. You must comply with these Terms and all applicable laws. We retain the right, in our sole discretion, to terminate your participation in the Event at any time for breach of these Terms.
Registration and Payment. You must register for the Event through the online registration system designated by QuadReal and, if a participation fee is required (the “Participation Fee”), you must submit payment of the Participation Fee at the time of registration. If a Participation Fee is required, you will not be entitled to participate in the Event until full payment has been received by us. The Participation Fee is non-refundable unless the Event is cancelled by us for any reason, in which case we will refund the Participation Fee to you with no further liability whatsoever arising from such cancellation.
Supplies. Where supplies are included with your registration for the Event (the “Supplies”), you will be required to pick up the Supplies at the location and time designated by us. You will need to present proof of registration to pick up the Supplies. We are under no obligation to remake or refund the Participation Fee if you do not pick up the Supplies when indicated. Where supplies are not included with your registration for the Event, you are responsible for procuring the required supplies in advance of the Event. Where any food is served you understand that materials may contain, or have come into contact with, various allergens such as but not limited to peanuts, tree nuts, wheat, dairy, soy etc.
Photography. By registering for and attending this event you give your consent for yourself and your party to be photographed where those photographs may be used for promotional purposes by QuadReal.
- Disclaimers and Limitation of Liability
DISCLAIMER. QUADREAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WHERE SUPPLIES ARE INCLUDED WITH REGISTRATION FOR THE EVENT, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE QUALITY, SUITABILITY OR AVAILABILITY OF THE SUPPLIES. YOU AGREE THAT WE HAVE NO LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE SUPPLIES INCLUDING IF THE SUPPLIES CAUSE ILLNESS, ALLERGIC REACTION OR ANY OTHER ADVERSE CONDITION. YOU ACKNOWLEDGE THAT QUADREAL RELIES UPON THIRD PARTY PROVIDERS IN DELIVERING CERTAIN ASPECTS OF THE EVENT INCLUDING, BUT NOT LIMITED TO, PROCESSING PAYMENT, EVENT REGISTRATION, TECHNOLOGY PLATFORMS, AND THE PREPARATION OF SUPPLIES, AND YOU AGREE THAT WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING SUCH THIRD PARTY PROVIDERS AND THEIR PRODUCTS OR SERVICES AND HAVE NO LIABILITY TO YOU ARISING FROM ANY PRODUCTS SUPPLIED OR SERVICES PERFORMED OR ANY REPRESENTATION OR WARRANTY, IF ANY, MADE BY SUCH THIRD PARTY PROVIDERS.
ASSUMPTION OF RISKS. YOU AGREE TO ASSUME ALL RISKS AND HAZARDS OF PARTICIPATING IN THE EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE ON THE PART OF QUADREAL OR ANY OF ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, SPONSORS, SUCCESSORS AND ASSIGNS AS WELL AS ANY INSTRUCTORS, GUIDES, FACILITATORS OR VOLUNTEERS AS MAY BE PROVIDED OR MADE AVAILABLE. YOU UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF QUADREAL TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE EVENT.
RELEASE OF LIABILITY. YOU AGREE TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE QUADREAL FROM ANY AND ALL LIABILITY FROM ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, THAT YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE EVENT, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT (OR EQUIVALENT PROVINCIAL LEGISLATION) ON THE PART OF QUADREAL. YOU UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF QUADREAL TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE EVENT.
THE LIMITATIONS AND DISCLAIMERS IN THE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.