This section of Réseau Ovation inc. web sales system dedicated to Centre
de Création Cavalia (hereafter named “Web site”) is provided under your assent
to the policies described hereafter. By using the Web site, you signify your
assent to all these terms, conditions and policies, and this constitutes the
integral agreement between you and Centre de Création Cavalia. This
agreement cancelled all the previous communication.
Parts:
This contract is between you and Centre de
Création Cavalia
These terms of use are divided in two parts:
Using policies and cancellations policies:
Please read carefully all the information
indicated below to know all the details about the using policies of Cavalia
website.
1.1 GENERAL TERMS
As customer you declare that you are at least 18
years of age and able to assent these terms of use. If need is, you supervise
the minor using this web site with your name or your account. The access to the
information or some other functionalities on this Web site may be refused to
you by Centre de Création Cavalia or Réseau Ovation if there is an illegal,
prohibited, excessive or abusive use.
1.2 Discounts
Only the prices listed are available with this
purchase type where available and these are subject to the terms and conditions
established by Centre de Création Cavalia.
You must fill all the fields into the
reservation form. The Internet reservations are available only with a valid
credit card. You must indicate your name as it appears on the credit card.
1.3 Approval
Each reservation is subjected to the approval of
Centre de Création Cavalia and the credit card supplier financial institutions.
1.4 Exchange, refund or cancellation
You must check carefully the choice of the event,
the date, hour and the package BEFORE completing the transaction. After
reservation completed there is NO REFUNDS AND NO CANCELLATION or EXCHANGES. You must also respect all COVID-19 regulations specified by public health officials.
1.5 Utilisation restricted for personal use only
This web site is available for personal use
only. You are not authorized to use this Web site for commercial issue. Also,
you are not authorized to modify, copy, transfer, give or sell software,
information, products or services obtained with this Web site. You are not
authorized to create other product or a derivative product of this Web site.
1.6 LIABILITY DISCLAIMER
The products, the information, the software and
the services published on this Web site may be modified constantly and may
contain inaccuracies. Centre de Création Cavalia, members of their group,
subsidiaries and their direct suppliers do not guarantee the accuracy and also
disclaim all liability for any inaccuracies or error about the information,
software, products and services shown on this Web site. Centre de Création Cavalia
is not responsible and may not be responsible of any damages linked in
particular, but not only to it, to electricity breakdown, software error,
internet network problem, or any other service of reservation.
1.7 Copyright
All reseau ovation content and ovation software
of Web site belong to Réseau Ovation inc. © Réseau Ovation, 193, rue Lindsay, bureau 202, Drummondville
(Québec) Canada J2C 1N8. All rights reserved. The copy of this software
to any other place or server is totally prohibited. This Web site may contain
other company names, products, presentation or description. This information
may be the copyright and trademarks of their owners, including Centre de Creation
Cavalia.
1.8 Variance
In the case of variance between information
confirmed at the reservation and the registered information in the central
server or any other system, the information judged correct will be those
registered in the Ovation central server.
If you have any question regarding our policies,
you can contact us at this address:
Centre de Création Cavalia
4215 Rue d’Iberville
Montréal, QC, Canada
H2H 2L5
info@illumi.com
Last update : September 20th, 2021
___________________________________________________________
Acceptance of Risk, Disclaimer, Waiver of Claims
PLEASE TAKE YOUR TIME AND READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
To: Illumi, Centre de Création Cavalia, Cavalia Inc. and its related and affiliated companies (collectively "Illumi")
i. I acknowledge and accept the risks associated with Illumi's inflatable and other activities, including, without limitation, the possibility of physical or emotional injury, paralysis, illness, death or property damage from cuts and bruises, muscle and joint sprains and strains, fractured bones, or any other form of bodily or property damage howsoever caused, including, without limitation, equipment failure, falls during the use of the equipment, fall of participants on top of each other or on any other surface, double bounce, as well as tipping, slipping or mislanding of participants. I understand that this agreement applies not only to the use of inflatables, but also to all equipment, games and activities provided by the Illumi facility, including but not limited to the failure of any or all of the inflatable structures, flooring or airbags that are defective, worn, uneven or separate; do not land on a bed or inflatable platform or on an unpadded/inflated structure; failure and/or breakage of inflatables or other play equipment on the premises. I acknowledge that these risks may result from errors in judgment, lack of training or information, negligence on my part, employees or agents of Illumi or other parties, and risks normally associated with sporting efforts. I understand that my use of the Illumi facility and any instruction or knowledge I obtain at such facility is not sufficient to prepare me for all hazards and risks associated with the use of inflatables and other play equipment on the premises. I EXPRESSLY CONSENT AND AGREE TO ASSUME ALL RISKS INHERENT IN THE ACTIVITIES ON INFLATABLES IN THE ILLUMI FACILITY, AND I AGREE TO PARTICIPATE, OR ALLOW MY CHILD TO PARTICIPATE, DESPITE THE RISKS.
ii. If I sign this agreement on behalf of my child, I confirm that I have assessed the risks associated with inflatable activities at Illumi taking into account my child's particular circumstances and abilities, and I VOLUNTARILY CONSENT TO MY CHILD'S PARTICIPATION in inflatable and other activities of Illumi, despite the risks. I agree, therefore, to accept full responsibility for any injuries my child may sustain while participating in Illumi's inflatable and other activities.
iii. I acknowledge that I have read the rules governing my participation or that of my child in activities on inflatables and other activities of Illumi. I understand that Illumi's rules have been put in place to ensure the safety of all participants, and I certify that I have explained the rules to my child. I understand that failure to comply with the rules imposed by Illumi could lead to damages, costs, injuries or death. I also acknowledge that failure to comply with the rules may result in my or my child's expulsion from Illumi Institution. I further agree that I am solely and solely responsible for my safety and well-being and that of the aforementioned participants, including the children under my supervision, while using Illumi's facilities.
iv. I agree to WAIVE MY RIGHT TO SUE ILLUMI for any damage, expense, physical or emotional injury, paralysis or death or any other form of bodily injury or property injury that my family, estate or myself may suffer as a result of my participation in inflatable activities and other activities of Illumi, FOR ANY REASON WHATSOEVER, including Illumi's negligence, failure to warn or protect against my person, breach of contract, breach of any other duty of care. I agree to waive any and all claims against Illumi that I have or may have in the future, and I agree to RELEASE ILLUMI FROM ANY LIABILITY related to any damages, costs, injuries or death. The signing of this release will constitute a link and waiver by the participants, their heirs, executors, dependents, beneficiaries and assigns, including without limitation spouses and partners and accompanying persons of any right to sue or claim any compensation whatsoever from Illumi or any person associated with Illumi, such as owners, shareholders, directors, employees, volunteers, for any injuries, including death and paralysis, or any other damage they may receive by participating in any activity occurring at the Illumi facility.
v. I also agree to indemnify and hold harmless Illumi from any liability for any damage or expense to a third party, as well as for any injury or death of a third party resulting from my participation or that of my child in the activities on inflatables and other activities of Illumi.
vi. I hereby declare that I am and/or my child is in good physical condition and able to perform the physical activity in which I choose, or that my child chooses, to participate.
vii. I acknowledge that if any part of this Agreement is held to be void or unenforceable, the remainder of the provisions will remain in full force and effect.
viii. If I am signing this Agreement on behalf of a child, I certify that I am the parent or legal guardian of the child or have legal authority to sign this Agreement on behalf of the child.
ix. I confirm that I have read or have had sufficient opportunity to read this document in its entirety and have understood the terms of this agreement, and I AGREE TO BE BOUND by these terms.
Last update : July 19th, 2023