This Services Agreement (this "Agreement") is made on the date when Customer books the Services and pays the Security Deposit (the "Effective Date") between the customer, an individual, of the City of Calgary and Rage Zone Corp., a body corporate duly incorporated under the laws of Alberta, ("Service Provider") with mailing address 76 Masters Manor SE, Calgary, AB T3M2R4. Customer and Service Provider are sometimes collectively referred to herein as the "Parties" and individually as a "Party".
(a) Service Provider hereby offers Customer the following services (collectively the "Services"): providing a mobile facility for participation in entertainment stress relief activities (the “Activities”). As a condition to participate in the Activities, Customer will be required to read and sign the Waiver. If Customer does not agree to sign the Waiver, he/she will not be able to participate in the Activities.
(b) Service Provider provided safety glasses to Customer to be used while participating in the Activities. Service Provider advises that wearing safety glasses is mandatory while participating in the Activities. Customer acknowledges receipt of the safety glasses and agrees to wear them and to ensure that all members of the Customer’s group wear safety glasses.
(c) Customer and all members of Customer’s group who will participate in the Activities must be 18 years of age or older at the time of booking the Activities or attend with a legal guardian. A guardian, defined as a person over 18, must be present on the premises during each tutoring session with any customer under the age of 18. If without a guardian, the customer acknowledges and agrees that he/she is at least 18 years of age at the time of booking and all members of his/her group shall be over 18 years of age at the date of the Activities. All members of the group shall have on them current valid government issued photo ID’s and shall provide their photo ID for verification and signing the waiver.
(d) Smoking and consumption of alcohol are prohibited in the mobile facility. If the facility is returned with any kind of smoking odor, it will result in the forfeiture of the Security Deposit plus any additional charges incurred in cleaning and/or repair. Service Provider reserves the right to refuse anyone under the influence of alcohol or drugs to use the facility, and Customer forfeits his Security Deposit unless Security Provider in its sole discretion agrees to re-schedule the Activities.
(e) The maximum number of people permitted to participate in the Activities within the Rage Box at the same time shall be 2 individuals.
(f) By entering into this Agreement Customer consents to video and audio recording of the Activities and subsequent posting of them on internet for marketing purposes. Customer can revoke his/her consent at anytime by communicating the request to Service Provider in writing to firstname.lastname@example.org.
(a) As full consideration for the provision of the Services, Customer shall pay Service Provider fees listed on the website related to the service he/she would like to participate in (the "Fee"), which Fee shall be paid prior to participation in the Activities.
(b) Before participating in the Activities, Customer shall pay Service Provider a damage deposit in the amount of $100 (“Security Deposit”) that will be refunded to Customer at the end of the session if no damage was caused to Service Provider’s property or equipment.
(c) At Service Provider’s sole discretion, the costs associated with missing or damaged Service Provider’s property or equipment may be charged to your credit card that we have on file. The Security Deposit may also be used to pay any monies owed by Customer to Service Provider under this Agreement.
- Limitation of Liability; Actions
(a) Limitation of Liability. In no event shall Service Provider be liable under this Agreement to Customer for any incidental, consequential, indirect, statutory, special, exemplary or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to goodwill or reputation, and costs of cover, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Service Provider's entire aggregate liability for any claims relating to the services or this agreement shall not exceed the amount of Five Hundred ($500.00) dollars or the amount of the Fee paid or payable by Customer to Service Provider under this Agreement. This section shall survive the termination of the Agreement.
(b) Actions. No action shall be brought for any claim relating to or arising out of this Agreement more than one (1) year after the accrual of such cause of action, except for money due on an open account.
- Force Majeure.
Service Provider shall not be deemed to be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; pandemics; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Service Provider.
- Term. This Agreement will commence as of the Effective Date and will terminate upon completion of the Services, unless earlier terminated in accordance with the provisions of this Agreement.
- Rescheduling and Termination.
(a) Customer may reschedule the date for the Activities provided Customer does so at least three (3) days prior to the scheduled Activities date. The Security Deposit that Customer placed toward the cancelled reservation will be applied to the rescheduled reservation.
(b) Either Party may terminate this Agreement at any time in the event of a breach by the other Party of a material term under this Agreement that remains uncured for seven (7) days following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either Party. Termination shall be in addition to any other remedies that may be available to the non-breaching Party. In addition, Service Provider shall have the right to terminate this Agreement at any time with or without cause by giving ten (10) days prior written notice to Customer.
- Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of Alberta and any court of competent jurisdiction in Alberta shall have jurisdiction to adjudicate any matter arising out of this Agreement. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
- Entire Agreement; Modification; Waiver. This Agreement, and any exhibits attached hereto, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. Service Provider’s failure to enforce any of its rights under this Agreement or at law shall not be deemed a waiver or a continuing waiver of any of its rights or remedies.