CELLYNATION
USER AGREEMENT
1. This User Agreement “Agreement” is made between:
2. Cellynation, a general partnership registered under the Partnership Act of Ontario, together with its partners, employees, staff, agents, sponsors, coaches, and representatives (collectively, the “Administrator”), which operates and manages an online platform committed to fostering an inclusive, respectful, and diverse hockey community;
3. Independent third-party organizers (“Organizers”) who organize and oversee specific games and related activities through the platform, maintaining complete operational independence and who are not agents, employees, representatives, or contractors of the Administrator.
4. You, the individual (“Participant”) accessing, using, or playing games via the Cellynation website (the “Site”).
5. By using the Site or participating in any activities, you, as the Participant, agree to be bound by these Terms of Use, our values of inclusivity and respect for all participants, and must sign our separate Waiver and Release of Liability form. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT SIGNED THE REQUIRED WAIVER, DO NOT USE THE WEBSITE OR PARTICIPATE IN CELLYNATION’S SERVICES.
6. The services are provided subject to Ontario’s Consumer Protection Act, 2002, and other applicable laws, with all implied warranties and conditions that cannot be excluded under law. Subject to applicable laws, you assume responsibility for risks associated with using the program, website, and any linked sites that are within your reasonable control. While Cellynation disclaims warranties to the extent permitted by law, this does not affect your statutory rights under applicable consumer protection legislation. Your sole remedy for dissatisfaction with the website or any content is to stop using the site, except where prohibited by applicable law.
7. By using or participating in Cellynation hockey games, you represent and warrant that you:
(i) have reached the age of majority in your jurisdiction of residence;
(ii) have the legal capacity to enter into binding contracts under the laws of your jurisdiction of residence; and
(iii) acknowledge that this agreement is governed by Ontario law and the laws of Canada applicable therein.
8. You acknowledge that you have read, understood, and expressly agree to be bound by these Terms and have signed our separate Waiver and Release of Liability form. If you do not accept these Terms in their entirety or have not signed the required waiver, you may not use our website or participate in our games. Your continued use of the Website or participation in games constitutes ongoing acceptance of these Terms and confirms your agreement to maintain a valid signed waiver.
9. All Cellynation sessions are pick-up hockey and are not refereed. Players are solely responsible for self-governance and maintaining appropriate behaviour. Your registration constitutes explicit acknowledgment and acceptance that you will participate in an unrefereed format and assume all associated risks.
10. By registering with the site or for a game, you agree to adhere to the following Cellynation rules:
a) Cellynation strictly prohibits all forms of misconduct and abuse. This includes, but is not limited to: physical abuse, sexual abuse, emotional abuse, bullying, harassment, hazing, and any discrimination based on protected characteristics. Fighting, hostile behaviour, arriving impaired, or misrepresenting oneself are also considered forms of misconduct. Any action that puts the safety, well-being, or dignity of any participant at risk is strictly prohibited. Game organizers have the authority to determine if an action constitutes
misconduct or abuse, based on objective criteria and in accordance with these Terms and applicable laws. Engaging in any form of misconduct or abuse will result in immediate ejection from the session without a refund and could lead to permanent removal from the Cellynation program. Please refer to our Disciplinary Policy for further information.
b) You agree to wear full protective gear, including shinpads, breezers, elbow pads, gloves, and a helmet. Shoulder pads are optional but strongly recommended. If you arrive at a game without adequate protective gear, you will not be allowed to participate, and your session fee will be forfeited. Cellynation prioritizes safety.
c) You agree to play while unimpaired. Should you arrive at a game under the influence or impaired in any manner, you will not be permitted to play, and your signup fee will be forfeited. All decisions regarding impairment will be made by the game organizer or their designated representative.
d) Players shall not instruct or criticize other players without their express prior consent. Coaching or advice should only be offered if requested by other players. Until such a request is made, refrain from directing other players on how to play or critiquing their actions. All interactions must be respectful, free from discrimination based on age, gender, race, sexual orientation, ability, or any other protected characteristic under the Human Rights legislation where the game takes place.
e) You agree not to misrepresent yourself or your playing history in any way. Any form of misrepresentation can result in complete removal from the Cellynation program.
f) If you are a goalie, you agree to attend your scheduled game.
11. Any violation of these rules may result in immediate ejection and/or suspension or termination of services, subject to reasonable notice, except in cases of serious misconduct, with refunds handled in accordance with Ontario’s Consumer Protection Act. All participants are required to report any suspected abuse or misconduct to Cellynation administration immediately. Reports
can be made confidentially via email to info@cellynation.com.
Game Levels
12. Cellynation makes no warranties or guarantees regarding player skill, uniformity, or level consistency in any game. We are committed to creating an inclusive environment that welcomes players of all backgrounds and abilities. We expect all participants to maintain a supportive and encouraging atmosphere regardless of skill differences. You acknowledge that skill level variations are inherent in recreational hockey and accept all associated risks.
Disciplinary Policy
13. Violations of these Terms, behavioural standards, or our commitment to inclusivity may result in immediate suspension or permanent removal without prior warning, at Cellynation’s reasonable discretion. We are committed to maintaining a safe, respectful, and inclusive environment for all participants. Examples of violations include, but are not limited to: harassment, hate speech,
discrimination, fraudulent activity, unauthorized commercial activities, or any conduct that violates applicable laws or regulations. Upon suspension or termination:
(a) all access rights immediately cease;
(b) any outstanding fees remain payable; and
(c) you must cease using all Cellynation services.
14. Refunds for suspensions or removals due to disciplinary actions will be handled in accordance with applicable laws but generally will not be provided for violations of these Terms. Cellynation’s determination regarding disciplinary matters shall be final. Nothing in this section limits Cellynation’s right to pursue other legal remedies.
Ambulance Policy
15. In the event of injury, while you may express a preference to continue playing, Organizers, acting independently of the Administrator, retain absolute discretion to require you to leave the game for safety reasons. The Organizer may call emergency services if deemed necessary, and you agree to comply with all decisions made by emergency medical personnel. You acknowledge that injuries, regardless of severity or circumstance, do not entitle you to any refund or compensation. You are solely responsible for any medical expenses incurred.
Your Account
16. You are solely responsible for maintaining the confidentiality of your account information and for all activities occurring under your account. You must immediately notify Cellynation of any unauthorized use of your account. Cellynation reserves the right to terminate, suspend, or restrict access to accounts at its sole discretion, without notice or liability, for any reason, including suspected unauthorized use or violation of these Terms.
Inactive Accounts
17. Accounts inactive for one year will receive a written notice regarding account status to the account holder’s last known contact information. Any remaining balance will be automatically converted into a non-expiring Cellynation Credit that can be used for future games or services provided by Cellynation, unless prohibited by applicable law. The account holder will be notified of this conversion through written notice. If the account holder does not acknowledge the conversion notice after three attempted contacts over a period of 90 days, the balance will be deemed abandoned. Cellynation reserves the right to suspend account privileges (except access to existing credits) after one year of inactivity until the account holder confirms their account status. Account holders will be given reasonable notice before any such suspension takes effect.
Data Security
18. We implement security measures that meet or exceed industry standards, PIPEDA requirements, and Ontario’s Personal Health Information Protection Act (PHIPA) requirements where applicable to protect your personal information, including encryption, access controls, and regular security assessments. While no system can guarantee absolute security, we will: (1) promptly notify you of any security breach affecting your information as required by Ontario law and PIPEDA, (2)maintain detailed records of our data handling practices, and (3)regularly review and update our security measures. We remain liable for data breaches resulting from our negligence or failure to implement appropriate security measures as required by Ontario law. You acknowledge the inherent risks of providing information online, but this does not affect your statutory rights under PIPEDA.
Cookies
19. We use cookies and similar tracking technologies to collect statistical data, enhance your experience, and analyze website usage. Before collecting any statistical or analytical data through cookies, we will:(1) obtain your explicit consent for non-essential cookies, (2) provide clear information about what data is being collected and why, and (3) offer simple opt-out mechanisms for non-essential tracking. You have the right to withdraw consent at any time. Essential cookies required for basic website functionality may be used without consent, but we will clearly identify which cookies are essential versus optional in our Privacy Policy. Subject to your consent and in compliance with Canada’s Anti-Spam Legislation (CASL) and PIPEDA, we may use “cookies,” which are stored on your computer and contain small amounts of information sent by Cellynation’s website to your computer and read by Cellynation when you visit different pages of our website. Cookies allow us to remember your username and password as you navigate our website. We may also use “activity tags” (also called “spotlight tags”). These invisible tags provide information to third parties about the flow of users on our website and other websites. We may receive anonymized aggregate reports generated from that information in compliance with PIPEDA. Information collected from the use of activity tags on our website is not linked to any personally identifiable information you provide to Cellynation.
No Unlawful or Prohibited Use/Intellectual Property
20. You are granted a non-exclusive, non-transferable, revocable license to access and use the Cellynation website strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Cellynation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
21. All third-party integrations used in connection with the Cellynation website and services must comply with all applicable laws and regulations, including but not limited to data protection and privacy laws. Cellynation reserves the right to terminate any third-party integration that fails to meet these compliance requirements.
22. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cellynation or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cellynation content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Cellynation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cellynation or our licensors except as expressly authorized by these Terms.
Privacy Policy
23. We comply with all applicable privacy laws, including Ontario regulations and the Personal Information Protection and Electronic Documents Act (PIPEDA). Statistical and analytical data collection is conducted in accordance with these laws. We collect, use, and disclose personal information only with explicit consent and as described in our Privacy Policy, which is incorporated by reference into these Terms. You have the right to access your personal information, request corrections, and withdraw consent for data collection at any time, as provided by PIPEDA. We maintain appropriate security measures to protect all collected data and will notify you of any changes to our data collection practices.
Electronic Communications
24. By interacting with Cellynation electronically, you consent to receive communications from us electronically.
Use of Communication Services
25. You agree not to use the Communication Services for unlawful, prohibited or inappropriate activities. This includes but is not limited to: harassment, hate speech, discriminatory comments, bullying, derogatory language based on protected characteristics, or commercial solicitation. We are committed to maintaining a safe and inclusive environment where all participants feel welcome and respected regardless of their background, identity, or skill level. Cellynation reserves the right to monitor, filter, edit, or remove any content that violates these Terms or applicable laws, providing notice where reasonably possible and maintaining transparency in content moderation practices. You grant Cellynation the right to disclose your communications to law enforcement or as required by applicable laws. Violation of these communication terms may result in immediate account termination.
Materials Provided to Cellynation
26. By submitting materials to Cellynation (“Submissions”), including but not limited to feedback, suggestions, posts, uploads or other content, you retain ownership of such Submissions but grant Cellynation, our affiliated companies and necessary sublicensees a non-exclusive, royalty-free, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions in connection with our business
operations. You warrant that you own or control all rights necessary to grant this license. No compensation will be paid for your Submissions, and Cellynation reserves the right to remove any Submissions at our sole discretion. You acknowledge that any Submissions may be made public and should not include private or confidential information.
Third Party Accounts
27. You might be able to connect your Cellynation account to third-party accounts. By connecting your Cellynation account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Links to Third Party Sites
28. The Service may contain links to other websites. Cellynation disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the website and any linked sites. These links are provided for your convenience only, and Cellynation has no control over, does not review, and is not responsible for any third-party websites, their content, or their privacy practices.
International Users
29. The Service is controlled, operated and administered by Cellynation from our offices within Ontario, Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws, including but not limited to data protection and privacy laws. You agree that you will not use Cellynation’s content or services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Access to and use of the
Service may not be legal by certain persons or in certain countries. If you access the Service from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
Trademarks
30. “Cellynation” and related marks are registered trademarks, trademarks or service marks owned exclusively by Cellynation. All other marks referenced herein may be the property of their respective owners.
No Warranty
31. You acknowledge that Cellynation provides all services, including hockey-related activities and events, on an “as is” and “as available” basis. This means that the Website, content, materials, information, services, and products (including software) come with no warranties of any kind, whether express or implied, except those that are mandatory under Ontario law. Cellynation specifically disclaims all warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Additionally, Cellynation cannot guarantee that files or data you download will be free of viruses or other harmful code. This disclaimer applies to the fullest extent permitted by law and does not affect any warranties that cannot be excluded under applicable law.
Termination/access restriction
32. Cellynation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with reasonable notice except in cases of violation of these Terms or emergency situations. This agreement is governed by the laws of Ontario and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
33. You agree that no joint venture, employment, or agency relationship exists between you and Cellynation, its individual partners, or employees as a result of this agreement or use of the Site. The partners of Cellynation maintain joint and several liability as prescribed by the Partnership Act of Ontario. Cellynation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cellynation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cellynation with respect to such use.
34. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
35. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Cellynation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cellynation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Payments
36. Payment in full in Canadian dollars is required at the time of registration through our designated payment processor, Stripe. By making any payment, you agree to Stripe’s terms and conditions, privacy policy, and processing procedures. All fees and charges will be clearly itemized at checkout.
37. For payment disputes (including but not limited to fraudulent transactions, services not rendered, or ice time not being available as advertised), you must first follow Stripe’s dispute resolution process by visiting their website (https://support.stripe.com/questions/disputing-a-purchase-made-through-stripe) or contacting your bank/card issuer directly. While Cellynation is not responsible for payment processing issues, delays or disputes handled by Stripe, we reserve the right to suspend or terminate organizer accounts that engage in fraudulent activities or misrepresent services. You agree to resolve payment-related disputes directly with Stripe and release Cellynation from any liability related to payment processing to the extent permitted by applicable law, except where prohibited by applicable law or resulting from Cellynation’s
negligence.
Cancellation/Refund Policy
38. Cancellations made 48 hours or more before a game's start time will receive a full automatic refund through Stripe. For cancellations made less than 48 hours before a game’s start time, refunds will be at the sole discretion of the independent Organizer responsible for that specific game. In cases of late cancellations (less than 48 hours’ notice), both Cellynation’s and Stripe’s
platform fees will be retained regardless of whether the organizer issues a refund. Player injuries or inability to participate for any reason do not guarantee refunds, except where required by applicable law. All refunds will be processed through Stripe, with processing times typically taking 5-10 business days to appear on your statement, depending on your financial institution.
Changes to Terms
39. Cellynation reserves the right to modify these Terms at any time. We will notify users of any material changes via email or through a prominent notice on our Website at least 30 days before the changes take effect. For material changes affecting your rights or obligations, we will obtain your explicit consent before such changes take effect. For other changes, your continued use of the Website after such notification constitutes acceptance of the modified Terms, provided that any changes affecting your substantive rights or obligations will require your explicit consent. If you do not agree to the changes, you must stop using our services.
Contact Us
40. For inquiries about the Terms, contact us at Email Address: info@cellynation.com
Acknowledgment
41. BY CLICKING “I ACCEPT” OR SIMILAR BUTTON, YOU ACKNOWLEDGE AND AGREE THAT: (1) you have been provided with sufficient time to review and consider the terms and conditions of this Agreement; (2) you have had the opportunity to consult with legal counsel of your choosing regarding this Agreement; (3) you voluntarily accept these terms and conditions
without undue influence or duress; and (4) you are fully aware of the risks and hazards associated with participating in hockey activities and using Cellynation’s services. YOUR CLICK SERVES AS YOUR ELECTRONIC SIGNATURE AND CREATES A LEGALLY BINDING CONTRACT UNDER ONTARIO&’S ELECTRONIC COMMERCE ACT, 2000.
42. By clicking/checking the “I AGREE” when signing up for your account, I expressly represent and warrant that (1) I am at least 18 years old, which is the age of majority in Ontario, and (2) I agree to be bound by all terms contained in this Agreement. I acknowledge that providing false information about my age
or any other material information constitutes fraud and may result in immediate termination of services and legal action, including but not limited to civil and criminal penalties where applicable. I further acknowledge and agree that clicking the “I AGREE” box constitutes a valid electronic consent under Ontario’s Electronic Commerce Act, 2000, and creates a binding legal agreement.
CELLYNATION
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
___________________________________________________________________________________
THIS IS A BINDING LEGAL AGREEMENT FOR INDIVIDUALS WHO HAVE REACHED THE AGE OF
MAJORITY ONLY.
IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, DO NOT PROCEED.
CLARIFY ANY QUESTIONS OR CONCERNS BEFORE SIGNING.
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS.
___________________________________________________________________________________
DEFINITION OF PARTIES
1. This agreement is made between:
a) “Cellynation,” a general partnership, together with its partners, employees, staff, agents, sponsors, coaches, and representatives, referred to herein collectively as the “Administrator” is responsible for managing and overseeing the online platform;
b) The “Organizers” who are independent third parties responsible solely for organizing specific games and related activities and who are not agents, employees, representatives, or contractors of the Administrator, and who maintain complete operational independence in conducting their activities; and
c) The “Participant” is the individual engaging in the activities provided through the platform.
INTRODUCTION AND ACKNOWLEDGMENT OF RISKS
2. The Participant must have reached the age of majority in their respective jurisdiction to enter into this agreement.
3. This agreement is entered into by and between (1) the Participant, (2) Cellynation, a general partnership, its partners, employees, staff, agents, sponsors, coaches, and representatives (collectively, the “Administrator”), and (3) the Organizers.
4. The Participant acknowledges that participation in hockey activities, including joining teams online, locating available teams, and signing up for participation, is contingent upon signing this Agreement and reaching the age of majority.
ACTIVITIES
5. The Participant will engage in two distinct and separate types of activities: (1) Online Platform Activities through the Online Hockey Hub platform, including creating a user account, searching for hockey teams currently seeking players, reviewing team requirements and availability, and signing up to join selected teams, which are administered solely by Cellynation; and (2) Physical Hockey Activities organized and supervised exclusively by independent Organizers, including team practices, games, and related events, for which the Organizers maintain sole responsibility and control. These activities are designed to facilitate the Participant’s integration into a hockey team and allow for participation in team practices, games, and other related events.
ACKNOWLEDGE OF RISKS
6. The Participant expressly recognizes and assumes that participation in hockey, including online activities to join teams, involves inherent risks and dangers, whether known or unknown, foreseeable or unforeseeable. These may include, but are not limited to, risks associated with physical exertion, contact with other participants, equipment malfunction, facility conditions, weather conditions, dehydration, serious injury, paralysis, death, and exposure to infectious diseases, including but not limited to COVID-19, influenza, and other communicable diseases. The Participant acknowledges and expressly assumes all risks of potential exposure to or infection by such diseases through person-to-person contact, airborne transmission, surface transmission, or any other means of disease transmission. The Participant acknowledges that these risks may arise from their own actions or inactions, the actions or inactions of others, or the conditions of the facilities and equipment used. By signing this Agreement, the Participant assumes all risks related to their participation in these activities, including all health-related risks.
TERMS
7. In consideration of the Administrator allowing the Participant to engage in the aforementioned activities, the Participant agrees to the following terms, including payment processing terms:
a) The Participants represent that they have reached the age of majority when they signed this document.
b) The Participant represents and warrants that, to the best of their knowledge and belief, their physical, mental, and emotional condition is appropriate for participation in hockey activities, and they have not been advised against participation by any healthcare provider. The Participant is required to fully and truthfully disclose any pre-existing medical conditions, injuries, health limitations, or current symptoms of infectious disease that could potentially impair their ability to safely participate in hockey activities or put others at risk. The Participant agrees not to participate in any activities while experiencing symptoms of infectious disease or while subject to any quarantine or isolation orders. The Participant acknowledges that it is their sole responsibility to inquire about, understand, and obtain appropriate insurance coverage for participation in all activities, including any additional coverage requirements specific to their province or territory of residence and that the Administrator makes no representations or warranties regarding any insurance coverage’s availability, adequacy, or scope. Failure to disclose medical conditions or comply with these requirements may result in immediate removal from the program.
c) The Participant agrees to strictly comply with all rules, regulations, policies, and procedures set forth by the Administrator and any team they join, including but not limited to the following behavioural standards:
i. Prohibited Behaviors: The Participant shall not engage in:
ii. Fighting or physical altercations
iii. Illegal activities of any kind
iv. Verbal or physical assault
v. Harassment or discriminatory conduct
vi. Unsportsmanlike behavior that brings disrepute to the team or
Administrator.
d) The Participant assumes responsibility for any personal equipment, gear, and protective wear used during participation and acknowledges that it is their duty to ensure its suitability and proper fitting.
e) The Participant agrees to seek medical advice and cease activity immediately should they experience any discomfort or symptoms indicating a potential health risk.
f) The Participant agrees to resolve payment-related disputes directly with Stripe and release Cellynation from any liability related to payment processing to the extent permitted by applicable law, except where prohibited by applicable law or resulting from Cellynation’s negligence.
INDEMNITY, RELEASE AND WAIVER OF CLAIMS
8. The Participant acknowledges and agrees to the following terms:
a) To an unqualified assumption of all risks arising out of, associated with or related to, participation in the Activities and waives all claims that the Participant may have now or in the future against the Cellynation and the Organizers.
b) To accept and fully assume all such risks and possibility of personal injury, death, property damage, expense, and related loss, including loss of income, resulting from participation in the Activities.
c) To forever indemnify, defend, and hold harmless the Administrator, including all partners of Cellynation jointly and severally, and the Organizers from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, ordinary negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care, except for claims arising from intentional misconduct or fraud.
d) FOR ACTIVITIES IN QUEBEC, this release applies only to the extent permitted by Article 1474 of the Civil Code of Quebec, and accordingly: (a) does not exclude or limit liability for material prejudice caused by intentional acts or gross fault; (b) does not exclude or limit liability for bodily or moral injury caused to another; and (c) applies only to claims for material prejudice arising from simple negligence, to the maximum extent permitted by applicable law.
e) To provide a release and waiver of liability and claims, subject to applicable law, the Participant has, or may in the future, against the Administrator and Organizers from any and all liability for any loss, damage, injury or expense that the Participant may suffer as a result of their use of or presence at the Administrator and Organizers or participation in any part of, or presence in any capacity in the Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT OR SIMILAR PROVINCIAL OR TERRITORIAL LEGISLATION ON THE PART OF THE CELLYNATION AND THE ORGANIZERS. f) NOT TO SUE THE CELLYNATION AND THE ORGANIZERS, whether directly or indirectly, from the Participant’s participation in any aspect(s) of the Activities; and
g) To SAVE and HOLD HARMLESS the CELLYNATION AND THE ORGANIZERS, and each of them, from any litigation expense, legal fees, liability, damage, award or cost of any form or type whatsoever they may incur due to any claim made against them or any one of them by the Participant or on the Participant’s behalf, or that of the Participant’s estate, whether the claim is based on the negligence or the gross negligence of the Cellynation and the Organizers or otherwise as stated above.
h) The Participant agrees that this Agreement extends to all acts of negligence by the Administrator (including all partners of Cellynation who shall be jointly and severally liable as provided under applicable partnership law) and Organizers and is intended to be as broad and inclusive as permitted by the laws of the applicable Canadian province or territory where the Activities occur, provided that each party shall only be responsible for their own acts and
omissions, and neither the Administrator nor the Organizers shall be liable for the acts, omissions, negligence, or misconduct of the other party.
i) This Agreement applies to all Activities and facilities provided by or available through the Administrator or Organizers, whether supervised or unsupervised.
SEVERABILITY
9. If any provision of this Agreement is held invalid, illegal, or unenforceable by any court of competent jurisdiction in any Canadian province or territory, such provision shall be deemed severable. The invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect as if this Agreement had been executed without the invalid, illegal, or unenforceable provision. A valid provision that most closely approximates the intent and economic effect of the invalid provision will be substituted, and the parties agree to negotiate in good faith to replace any invalid provisions with valid provisions that preserve the original intent of the parties to the greatest extent possible.
ACKNOWLEDGMENT
10. The Participant acknowledges and agrees that they have been provided with sufficient time to review and consider the terms and conditions of this Agreement before signing and have been given the opportunity to consult with legal counsel of their choosing regarding this Agreement. After this review period, the Participant voluntarily accepts the terms and conditions without undue influence or duress. The Participant affirms that they are fully aware of the risks and hazards associated with the Activities offered by the Cellynation and the Organizers, including but not limited to physical injury, illness, and, in extreme cases, death. The Participant acknowledges that participation in any Activity conducted by the Cellynation and the Organizers is entirely voluntary and that they choose to participate despite the risks. The Participant agrees to attend, if requested by the Participant, a pre-activity briefing for risk and terms explanation.
11. The Participant acknowledges that they have read and understand this Agreement, executed it voluntarily, and is to be binding upon themselves, their heirs, spouse (including common-law partner as defined by applicable provincial/territorial law), children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. They further acknowledge that by signing this Agreement, they have waived their right to maintain a lawsuit against Cellynation and the Organizers based on any claims that they have released herein.
12. By clicking/checking the “I AGREE” box when signing up, you expressly represent and warrant that (1) you have reached the age of majority in your jurisdiction, and (2) you agree to be bound by all terms contained in this Agreement. You acknowledge that providing false information about your age
constitutes fraud and may result in legal action. You further acknowledge and agree that your electronic signature is legally binding and equivalent to your handwritten signature.