The player (if over the age of 18) or the player along with the player’s legal guardian(s) (if the player is not over the age of 18) (in either case, individually and collectively, “you” and “your”) hereby acknowledge and agree to the following with respect to any and all services provided by Juniors to Masters Chess Academy Inc. and Vancity Chess to the player from time to time:
1. Except for any representations and warranties made in writing by Juniors to Masters Chess Academy Inc. (“JtM”) or Vancity Chess to you, JtM and Vancity Chess hereby disclaim any and all representations and warranties, express or implied, with respect to all services provided by JtM or Vancity Chess including, without limitation, any representations or warranties whatsoever as to the services’ fitness for any particular purpose and with respect to any outcome or result that may obtained by the player as a result of receiving the services.
2. You hereby release and forever discharge JtM and Vancity Chess and its directors, officers, shareholders, employees, agents and representatives from and against any and all liability, damages, causes of action, suits, claims, and demands whatsoever that you may now or hereafter have as a result of, arising from, or in any way relating to JtM and Vancity Chess providing services to the player including, without limitation, any personal injury or loss or damage to property.
3. In no event shall JtM or Vancity Chess be liable to you for any indirect, special, incidental, consequential or punitive damages in respect of the services provided to the player by JtM or Vancity Chess. Notwithstanding anything to the contrary, the maximum liability of JtM and Vancity Chess to you shall not exceed the aggregate of $50.00 CAD.
4. You acknowledge to JtM and Vancity Chess that you consent to JtM and Vancity Chess' collection and use of your personal information including, without limitation, your name, address, email address, phone number, and any financial information you may provide to JtM or Vancity Chess from time to time (“Personal Information”) for the purpose of providing services to the player. You further consent to JtM and Vancity Chess disclosing your Personal Information to third parties that JtM and Vancity Chess, in their sole discretion, deems necessary in connection with and for the purpose of enabling JtM and Vancity Chess to provide services to the player.
5. You acknowledge that your enrollment in either a Juniors to Masters Chess Academy program, event, or tournament or a Vancity Chess program, event, or tournament may be rescinded with or without refund, determined at the sole discretion of Juniors to Masters Chess Academy and Vancity Chess, if you have been found in violation of the JUNIORS TO MASTERS CHESS ACADEMY FAIR PLAY AGREEMENT.
6. You acknowledge and agree that this Acknowledgment, Waiver, and Consent, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.