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DIGITAL DAY CAMP Inc. TERMS AND CONDITIONS

 

Last revised on: May 19, 2023

 

These Digital Day Camp Inc.  Terms and Conditions, which incorporate the Privacy Policy available at https://www.thedigitaldaycamp.com/terms-and-conditions (collectively, the “Terms”) apply to your purchase of and use of a ticket to gain admittance to Digital Day Camp Inc.’s (“DDC,” “The Company” “Event Provider,” “we,” “our”, or “us”) Digital Day Camp Inc. event scheduled for June 1, 2023, at Artscape Daniels Launchpad 423-130 Queens Quay East Toronto, ON, M5A OP6 to be legally bound by these Terms. If you do not understand or do not wish to be bound by these Terms, do not purchase or use a Ticket (as defined below) and/or attend or participate in the Event.

 

 

  1. TICKETS:

 

DDC in its sole discretion will extend invites to the Event. Those who are invited to attend the Event will be able to purchase tickets for attendance to the Event. Two types of tickets will be offered to invitees: (1) General Passes; and (2) Tech Passes. General Passes will only be available for purchase by non-tech invitees designated as such by Event Provider in its sole discretion, all other invited parties will only be able to purchase Tech Passes. General Passes and Tech Passes will hereinafter be collectively referred to as “Tickets.”

 

If you decide to purchase a Ticket, you will be asked to register with us. You agree to provide true, accurate, current, and complete information, including your name, email address, and other personal information, as prompted by any registration form. You are responsible for ensuring the accuracy of this information and agree to keep it up to date. This identifying information will enable you to attend and participate in the Event. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information is grounds for immediate termination of these Terms and your ability to use your Ticket with no refund to you.

 

When you purchase a Ticket, we grant you a non-exclusive, non-transferable and revocable license to attend the Event. You may not redistribute, transmit, assign, sell, rent, share, sublicense, exploit, or otherwise transfer or use any Ticket unless we give you explicit permission to do so in a written agreement signed by us.

 

In addition, we reserve the right, in our sole discretion and without refund of any portion of the Ticket purchase price, to refuse admission to or eject from the Event any person: (i) whose conduct is deemed by Event Provider, in its sole discretion, to be unsafe or disorderly; (ii) who uses inappropriate, vulgar or abusive language; (iii) who fails to agree to and/or comply with Event Provider’s Covid Release and Waiver of Liability Agreement (the “Waiver”) or to re-execute and return same if sent by Event Provider to attendee a few weeks in advance of the Event; (iv) who fails to comply with Event Provider’s or any applicable third party’s health and safety protocols, directives, guidelines, or policies, or other applicable policies; (v) who fails to comply with national, state, and local government and health agency laws, orders, regulations, directives, and guidelines that relate to diseases and viruses (including COVID-19 and its variants);      (v     i) who has tested positive for COVID-19 within fourteen (14) days of the Event; (vii) who has been sick or experienced any symptoms of any kind within fourteen (14) days of the Event; (viii) who has been in contact with anyone sick or with disease symptoms within fourteen (14) days of the Event; (ix) who has traveled either internationally or domestically to an area highly impacted with COVID-19 within fourteen (14) days of the Event; (x) who shows signs of Covid-19 including but not limited to a high temperature or a persistent cough; or (xi) who fails to comply with any other terms and conditions set forth in the Terms.

 2. EVENT FEATURES:

 

Event Provider agrees to provide to purchasers of Tickets access to the Event as follows: (i) ability to attend all discussions and sessions scheduled during the Event; (ii) ability to partake in      lunch offered as part of the Event; (iii)      ability to partake in any virtual events that Event Provider may decide in its sole discretion to offer as part of the Event.

 

You acknowledge and agree that Event descriptions and features provided on sales webpages or in any other materials promoted or provided to you by the Event Provider constitute only a general indication of what the Event may offer and accomplish, may vary in practice, and do not form part of these Terms.

 

You also acknowledge and agree that all food and beverage provided during the Event will be buffet style and Event Provider may not be able to accommodate any dietary restrictions, but will try to do so if sufficient advance written notice is provided to Event Provider of any dietary restrictions.

 

3. WAIVERS, WARNINGS AND SAFETY MEASURES, INCLUDING FOR COVID-19:

 

YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO YOUR PURCHASE AND/OR USE OF A TICKET AND/OR YOUR ATTENDANCE AND PARTICIPATION IN THE EVENT, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, INCLUDING AND NOT LIMITED TO THE RISK OF CONTRACTING OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR VIRUS, EVEN IF CAUSED BY NEGLIGENCE OR MISCONDUCT OF EVENT PROVIDER OR OWNERS AND OPERATORS OF THE PHYSICAL PREMISES ON WHICH THE EVENT IS BEING HELD, AND AGREE THAT EVENT PROVIDER, OWNERS AND OPERATORS OF THE PHYSICAL PREMISES ON WHICH THE EVENT IS BEING HELD, AND THEIR RESPECTIVE AFFILIATES, PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, SPONSORS, AND OTHER REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM YOUR PURCHASE AND/OR USE OF A TICKET AND/OR YOUR ATTENDANCE AND PARTICIPATION IN THE EVENT.

 

You also understand and acknowledge that the Event is to be held in person and that by attending and participating in the Event you risk exposure to and contraction of potentially dangerous diseases and viruses, including the coronavirus disease (COVID-19) and severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any other diseases or viruses not listed and are fully aware that such exposure may result in infection, severe illness, injury, pain and suffering, temporary or permanent disability, and even death. You also understand, acknowledge, and agree that: (i) Event Provider is not required to proactively take preventative measures or to institute safety precautions to reduce exposure to infectious diseases and viruses (including COVID-19 and its variants); (ii) you will comply with all Event Provider’s and any third parties’ (such as owners and operators of the physical premises on which the Event is being held) health and safety protocols, directives, guidelines, or policies;  (iii) you will comply with all national, state, and local government and health agency laws, orders, regulations, directives, and guidelines that relate to diseases and viruses (including COVID-19 and its variants); and (iv) you agree to and will comply with Event Provider’s Waiver incorporated herein (see below) which may also be sent to you a few weeks in advance of the Event for re-execution at which time you will be required to sign and return in advance to attend the Event     . Any failure to agree to and comply with the Waiver, re-execute the Waiver and return it in advance of the Event, or present proof of full vaccination may result in you being denied entry into the Event without refund.

 

4. PROMOTION

 

Both during and after the term of the Agreement, DDC may use ticket holder’s name, company logo, and marks to identify ticket holder as someone who attended or their company as an attendee on Company’s website and in other marketing materials.

 

5. RECORDING OF THE EVENT:

 

By attending the Event, you understand, agree and acknowledge that (i) you may be photographed, recorded, and filmed, and (ii) you hereby provide Event Provider with your absolute, express consent to be photographed, recorded, and filmed. You further understand and agree that these images and/or recordings can be used, distributed, registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold or otherwise exploited for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation or notice to you. Your name, image, voice, actions, statements, and/or your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction, publication or distribution of the Event or parts of the Event (the “Footage”) and may also be used by or on behalf of the Event Provider or any of Event Provider’s subsidiaries, affiliates, partners, sponsors, officers, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation or notice to you. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights.

 

Any recordings made by you at the Event may not be used for commercial or public purposes, unless consented to in writing by Event Provider.

 

6. FEEDBACK:

 

You may send information and feedback to Event Provider regarding the Event in the form of emails, surveys, comments, discussions, or otherwise (the “Feedback”). By submitting Feedback, you hereby grant Event Provider an irrevocable, royalty-free, perpetual, worldwide, assignable, sub-licensable, transferable license to use, reproduce, modify, adapt, make derivative works of, distribute, publicly perform, publicly display and otherwise disseminate and make available such Feedback, in any manner or medium now known or later developed, and to authorize others to do the foregoing.

7. FEES:

 

EXCEPT AS EXPLICITLY OTHERWISE PROVIDED IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT ALL TICKET SALES ARE FINAL AND THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.

 

Fees for purchase of General Passes and Tech Passes are set out in the specific registration and check out pages for each applicable type of Ticket and will be available at the time of your registration for the Event. The fees charged by the Event Provider for Tickets are non-refundable and shall be subject to all applicable taxes. Event Provider may, on occasion and in its sole discretion, offer discount codes for payment of the fees for Tickets.

 

Payment for all fees are due in full at the time of your registration for the Event. If payment is not received by the Event Provider at your registration, you will forfeit your place at the Event.

 

8. CANCELLATION AND RESCHEDULING:

 

Event Provider reserves the right to cancel the Event and reschedule it to another date at its sole discretion for any reason, including, without limitation, by reason of public health concern or directive or a force majeure event pursuant to Section 14(H), at any time with no liability to you. In the event of a cancellation and rescheduling of the Event, you will be notified via email(s) of the cancellation and rescheduled date, and you will not be entitled to a refund, but your Ticket will be transferred to the rescheduled date for the Event. You also acknowledge and agree that if the Event is canceled and rescheduled, the Event Provider will not be responsible for any resulting costs you may incur or have incurred for travel, accommodation and any other related goods or services.

 

If you decide to not attend the Event for any reason at any time, you will not be issued a refund for your Ticket.

 

9. MODIFICATION:

 

We may, from time to time and at any time, with or without notice to you, modify, change, or alter the Event or any part of it. You agree that Event Provider will not be liable to you for any modification, change, or alteration of the Event, or any part thereof.

 

We also reserve the right to modify these Terms at any time.  With respect to a material modification of any of the Terms affected by us after you have purchased your Ticket we will provide you with written notice of such modification.

 

  1. CUSTOMER SERVICE REQUESTS:

 

If you have questions or comments or need to provide notice of any kind to the Event Provider regarding the Event, please e-mail us at info@thedigitaldaycamp.com.

 

10. INDEMNIFICATION:

 

You agree to defend and indemnify Event Provider, owners and operators of the physical premises on which the Event is being held, and their respective affiliates, partners, sponsors, agents, operators, managers, employees, and other representatives (“Indemnified Parties”) and hold Indemnified Parties harmless against any and all legal claims, liabilities, damages, losses, expenses, and demands, including reasonable attorney’s fees and costs, which may arise from or relate to your purchase or use of Tickets, your attendance and participation in the Event, your breach of these Terms, your violation of any law or rights of any third party, or your conduct or actions. You agree that Indemnified Parties shall be able to select their own legal counsel and may participate in their own defense, if they wish.

 

11. DATA PROTECTION:

 

Event Provider will process the information it receives from you or otherwise holds about you in accordance with these Terms, including its Privacy Policy. You consent to the use by the Event Provider of such information in accordance with these Terms and the Event Provider’s Privacy Policy.

12. LIMITATION ON LIABILITY:

 

We are not liable for any damages that may occur to you as a result of your purchase or use of Tickets or your attendance and participation in the Event and you are subject to the releases and waivers contained herein and in the Waiver. To the fullest extent permitted by law, in no event shall Event Provider be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we have been advised of the possibility of damages in advance. Our total liability to you or any third parties under any circumstances and only to the extent claims have not been otherwise released and/or waived, whether arising in contract, warranty, tort, product liability, or otherwise, will not exceed the greater of one hundred ($100) Canadian Dollars or purchase price you paid for your Ticket.

 

13. ENTIRE AGREEMENT:

 

These Terms and the Privacy Policy constitute the entire understanding between the parties with respect to your purchase and use of Tickets and your attendance and participation in the Event. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

14. GENERAL PROVISIONS:

 

A) JURISDICTION, VENUE & CHOICE OF LAW: Any dispute arising from or related to this Agreement will be governed by the laws of the Province of Ontario without regard to conflict of law principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the Courts of the Province of Ontario located in Toronto, Ontario, Canada and each of the parties hereto irrevocably waives any objection to jurisdiction and venue in such courts.

 

B) ASSIGNMENT: These Term, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you except with Event Provider’s express written consent, but may be assigned, sold, leased or otherwise transferred by Event Provider without notice or restriction and the rights and liabilities of Event Provider will bind and inure to any assignees, administrators, successors, and executors. Any attempted assignment by you shall violate these Terms and be void effective immediately.

 

C) SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these Terms shall continue in full force.

 

D) NO WAIVER: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.

 

E) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.

 

F) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the parties as a result of these Terms. No party has any authority to bind the other to third parties.

 

G) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, disease, pandemic, or epidemic, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

H) ELECTRONIC COMMUNICATIONS PERMITTED: By purchasing Tickets to the Event, you consent to receive communications from Event Provider, including any notices required by these Terms or by law, through electronic communications, including but not limited to e-mail and online notifications.

 

 

 

Digital Day Camp Inc.  Release and Waiver of Liability Agreement

 

Digital Day Camp Inc. (“The Company”) is the operator/sponsor of the event or other activity (the “Activity”), described as Company’s Digital Day Camp Inc. event scheduled for June 1, 2023 at Artscape Daniels Launchpad 423-130 Queens Quay East Toronto, ON, M5A OP6, and is willing to permit the individuals (the “Participants”) agreeing to this Digital Day Camp Inc.Release and Waiver of Liability Agreement (the “Agreement”) to participate in the Activity, upon the terms and conditions of this Agreement. The Company and Participants may be collectively referred to as (the “Parties”) and the property or location of the Activity may be referred to as (the “Premises”).

 

In consideration for being provided access to the Premises and the ability to participate in the Activity, each Participant hereby stipulates and agrees:

 

1. Assumption of Risk. I understand and acknowledge that I risk exposure to and contraction of potentially dangerous diseases and viruses, including the coronavirus disease (COVID-19) and severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any other diseases or viruses not listed, by being on the Premises to participate in the Activity. I understand and acknowledge the risks associated with diseases and viruses and I am fully aware that exposure may result in infection, severe illness, injury, pain and suffering, temporary or permanent disability, and even death. I understand that my participation in the Activity or my being on the Premises may not be supervised and that The Company does not provide medical services. I further acknowledge that any exposure I may sustain while participating in the Activity or while on the Premises may be compounded by negligent or delayed medical service or negligent or delayed assistance by The Company, Activity sponsors, or owners and operators of the Premises. I understand that even if The Company has taken any proactive measures to reduce potential exposure, there is still high risk of exposure, and The Company has not in any way represented that there is no exposure risk due to their proactive measures. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE ACTIVITY OR USE OF THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY, ACTIVITY SPONSORS, or OWNERS AND OPERATORS OF THE PREMISES.

 

2. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company, Activity sponsors, owners and operators of the Premises, and their respective affiliates, partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my participation in the Activity and my presence on the Premises, whether caused by the negligence of The Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Agreement is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or participating in the Activity on the Premises.

 

3. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue Company and the Released Parties or initiate or assist in the prosecution of any claim for damages or any cause of action against Company or the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the Activity.

 

4. Indemnification. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any and all losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind relating to or arising out of my participation in the Activity and/or being on the Premises.

 

5. Medical Treatment Release. I hereby authorize The Company to secure, and I consent to, any medical treatment that may be given to me should The Company determine, in its sole discretion, that I need immediate medical care, as a result of my participation in the Activity and being on the Premises. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release The Company and all other Released Parties involved from any type of liability for anything that may happen during my treatment or transport.

 

6. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the Activity, and that The Company and Release Parties will not be responsible for or provide any security for my property and personal belongings.

 

7. No Representations by Company. I acknowledge that The Company makes no representation as to the condition of the Premises or the safety of the Activity. I acknowledge that The Company makes no representations that it has taken any safety precautions that relate to infectious diseases or exposure, and even if The Company did proactively take preventative measures, The Company has made no representation that those measures will in any way reduce or prevent the risks associated with exposure. The Company further makes no representations that any safety measures taken were done properly and I accept that those efforts may have been done with negligence. I accept and shall use the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by The Company or The Company’s employees, agents, sponsors, or representatives regarding this Agreement or the Premises or the Activity, except to the extent such representations are expressly set forth in this Agreement.

 

8, Personal Representations. I represent that I will comply with all directives given by The Company, whether in print or orally, in all matters, including any that relate to issues involving infectious diseases or viruses.      Full COVID-19 vaccination will be set by definitions in effect at the time of the Activity under the parameters of The Pharmaceutical Drugs Directorate (formerly the Therapeutic Products Directorate (TPD)) and currently means that fourteen (14) days have passed since receiving the full series of a COVID-19 vaccine. Further, I will abide by any mask requirements, hand washing or sanitizing requirements, social distancing requirements, directional signs indicating a direction to walk, requests to take my temperature, and any other directives. I represent that I am aware of all national, state, and local government and health agency laws, orders, regulations, directives, and guidelines that relate to diseases and viruses (including COVID-19 and its variants) and will abide by and comply with all those laws, orders, regulations, directives, and guidelines. I represent that, in the last fourteen (14) days, I have not: (i) tested positive for COVID-19; (ii) been sick or experienced any symptoms of any kind; (iii) been in contact with anyone sick or with disease symptoms; and (iv) traveled either internationally or domestically to an area highly impacted with COVID-19. I also understand, acknowledge, and agree that I will not attend the Activity if, within fourteen (14) days of the Activity, I have: (i) tested positive for COVID-19; (ii) been sick or experienced any symptoms of any kind; (iii) been in contact with anyone sick or with disease symptoms; or (iv) traveled either internationally or domestically to an area highly impacted with COVID-19

 

9. Governing Law and Venue. Any dispute arising from or related to this Agreement will be governed by the laws of the Province of Ontario without regard to conflict of law principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the Courts of the Province of Ontario located in Toronto, Ontario, Canada and each of the parties hereto irrevocably waives any objection to jurisdiction and venue in such courts.

 

10. Waiver. 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. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

 

11. Survival. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.

 

12. Compliance with Laws. In the performance of the terms of this Agreement and participation in the Activity and use of the Premises, the Parties shall comply with all applicable federal, provincial, regional and local laws, rules and regulations.

 

13. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

 

​14. Entire Agreement; Modification; Binding Effect. This Agreement along with the Digital Day Camp Inc.Terms and Conditions in which it is incorporated is the entire agreement between the Parties with respect to the subject matter hereof and together supersede 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 shall be valid unless in writing and signed by authorized representatives of the Parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties. 

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