Apex Skating Usage Agreement
Before enrolling in an Apex Hockey program, thoroughly review this legal agreement ("Agreement") governing your use of the "Program." It constitutes a binding contract between you and Apex Skating Inc. or Apex Skating USA Inc. By subscribing, you agree to these terms without alterations. Apex Hockey reserves the right to deny access for non-compliance.
Terms of Product Use
Age Requirements: The Program's availability varies by jurisdiction and age. If under the age of majority, consult with a parent or legal guardian. Those under 13 must not provide personal information without parental consent.
Program Content: Use the Program at your risk; Apex Hockey assumes no liability. Information from the Program does not create warranties. You release Apex Hockey from responsibility for any accidents, damages, or losses.
Territory: The Program is available in specific countries. Do not use it in restricted territories. Apex Hockey may use technology to verify compliance.
Your Information: Provide accurate registration data and keep it updated. Apex Hockey may terminate access for false or incomplete information. Your data, including payment information, may be used for account maintenance and billing.
Consent to Use of Registration Data: Allow Apex Hockey to collect and use registration data for updates, support, and information delivery. Data may be used in an anonymous form to enhance products or services.
User Account: Maintain account confidentiality; do not share or use others' accounts. Notify Apex Hockey of any unauthorized use. Apex Hockey is not responsible for losses due to non-negligent unauthorized account use.
Payment Method: Credit cards are accepted; billing occurs at purchase. Only Visa and MasterCard are accepted. Declined transactions may be resubmitted with corrected data.
Agreement to Pay for Product: Agree to pay for purchased programs; fees will be billed during registration.
Refund Policy: Our refund and cancellation policy ensures fair and transparent procedures. Cancellations due to verified medical issues supported by a doctor's note may be refunded, with a potential cancellation fee determined based on proximity to the program start. Misrepresentation of a child's skill level may result in registration forfeiture without a refund. Non-medical cancellations, lacking a doctor's note, may be considered for a refund at Apex Hockey's discretion, subject to a cancellation fee determined based on proximity to the program start. Undelivered programs allow for replacement, redelivery, or refund. Please note that Apex Hockey is not accountable for providing refunds arising from user circumstances, and we appreciate your understanding of these terms as we aim to maintain program integrity and provide exceptional service.
Makeup Policy: In unforeseen circumstances, contact Apex Hockey for makeup sessions, which are not guaranteed.
Applicable Taxes: Taxes are based on the bill-to address and transaction completion tax rate. Changes before product viewing apply.
Right to Change Prices and Availability: Program prices and availability may change at any time.
Electronic Signatures and Contracts: Electronic submissions signify agreement to this contract.
Termination: Non-compliance may lead to termination without notice. Users remain liable for amounts due until termination, and access may be refused.
Enforcement of Terms: Apex Hockey may take steps to enforce and verify compliance, cooperating with legal processes.
No Responsibility for Third-Party Materials: Apex Hockey is not responsible for third-party materials or websites linked to the Program.
Disclaimer of Warranties; Liability Limitations: Apex Hockey does not guarantee uninterrupted use. Use the Program at your risk. Apex Hockey's liability is limited as outlined in the Agreement.
Waivers and Indemnity: Users indemnify Apex Hockey against claims arising from breaches or actions taken during investigations.
Notices: Notices from Apex Hockey become effective immediately.
Governing Law: This Agreement is governed by the laws of Ontario, Canada, and Delaware, USA. Jurisdiction for claims or disputes resides in the courts of these locations.
Miscellaneous: This Agreement is the entire understanding between you and Apex Hockey. Apex Hockey is not responsible for failures beyond its control.
Information Collection: Various information is collected for operating purposes, including contact, financial, and personal information.
Personal Information: Includes name, email, mail address, and phone number.
Consent: Consent to collect personal information may be oral, written, or implied through registration procedures. Consent can be withdrawn at any time.
Safeguarding Personal Information: Reasonable precautions are taken to secure personal information.
Updating Information: Users must update account information; contact firstname.lastname@example.org for changes.
Inquiries/Complaints: For questions, complaints, or accessing personal information, contact email@example.com.
Additional Liability Waiver
It is the purpose of this agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence, if any, of releasees. "Releasees" include Apex Skating Inc., Apex Skating USA Inc., its event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees. For and in consideration of the undersigned participants registration with Apex Skating Inc. or Apex Skating USA Inc., participant (and the parent(s) or legal guardian(s) of participant, if applicable) waive, release and relinquish any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to participant, arising out of participation in Apex Skating Inc's or Apex Skating USA Inc's events, the sport of ice hockey, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant (and participants parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and participant (and parent(s)/guardian(s), if applicable) does(do) so on behalf of my/our and participants heirs, executors, administrators and assigns. Participant (and participants parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to ice hockey and any physical activities, and understand that ice hockey and physical activities involve risks to participants person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the releases identified below. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in ice hockey and physical activities in an age group above that which participant would normally participate in. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participants parent(s)/guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph. Participant (and participants parent(s)/guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and use of ice hockey rinks and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said rinks, for negligent selection of certain releasees, or negligent supervision or instruction by releasees. If the law in any controlling jurisdiction renders any part of this agreement unenforceable, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. Participant (and participants parent(s)/guardian(s), if applicable) agree if any claim for participants personal injury or wrongful death is commenced against releasees, he/she shall defend, indemnify and save harmless releasees from any and all claims or causes of action by whomever or wherever made or presented for participants personal injuries, property damage or wrongful death. Participant (and participants parent(s)/guardian(s), if applicable) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of releasees, that they are fully advised of the potential dangers of ice hockey and understand these waivers and releases are necessary to allow amateur ice hockey to exist in its present form.