TERMS & CONDITIONS - RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

 

PLEASE READ CAREFULLY!

 

Please be advised that by subscribing to the lounge of class as a "Member/Subscriber", all contents inside will be kept confidential as contents inside the lounge of class; is not available to the public and are for members only.

 

Breach of this confidentiality clause by Member/Subscriber will not be tolerated and would result in an immediate termination of member/subscriber from the lounge of class with no refund.

 

Member/subscriber is not a minor and is of 18+ years of age to gain access to the lounge of class and only if approved by M.Class Dias & company M.Classy D music productions.

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If Member/Subscriber decides to not return or require any services provided from the lounge of class, member/subscriber will no longer be able to return to the lounge of class and no refund will be provided. Member will be placed in Alumni hall with limited or no access to the lounge of class after six months of continued membership. If member/subscriber decides to return to the lounge of class, acceptability for return will be at the sole discretion of Marvin, M.Class Dias and availability of class seating. 

 

Any advice or consultations given to members/subscribers in the lounge of class by M.Class Dias through the company M.Classy D music productions, will be at the sole discretion of the Member/Subscriber to choose to act on or follow through any given advice at Member/Subscriber own's discretion. Marvin Dias a.k.a M.Class Dias is not a Therapist but provides guidance by intuition or intuitive advice from a personal standpoint."Member/Subscriber" should seek professional help if they feel inclined to do so. 

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In consideration of M.Class Dias & company M.Classy D music productions (the"Company") permitting Member/Subscriber to participate in the lounge of class and any all activities in connection therewith (the "Activities"), and in consideration of Member/Subscriber desire to participate in the Activities and for other good and valuable consideration, Member/Subscriber hereby, for Member/Subscriber, Member/Subscriber heirs, executors, administrators, assigns of personal representatives (collectively, or any one or more of them, as content requires, the "Releasors" and which terms shall also include the Releasors parents or guardians if the releasor is a minor), agree the following terms and conditions set out in this Release of Liability, Waiver Claims, Assumption of Risks and Indemnity (this "Release") in respect of Member/Subscriber release of liability of the Company and its affiliates, and its and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, or any one or more of them, as the context requires, the "Releasees") waiver of claims against the Releasees and indemnification of the Releasees: 

 

ASSUMPTION OF RISKS

 

Member/Subscriber acknowledges and agrees that Member/subscriber is participating in the activities at own risk and is aware and understands that the Activities involve risks, dangers and hazards, including but not limited to the risk of serious injury or death.

 

MEMBER/SUBSCRIBER ACKNOWLEDGES THAT MEMBER/SUBSCRIBER VOLUNTARILY PARTICIPATES IN THE ACTIVITIES. MEMBER/SUBSCRIBER(ON MEMBERS/SUBSCRIBER OWN BEHALF AND ON BEHALF OF THE OTHER RELEASORS)FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED IN THE ACTIVITIES AND THE POSSIBILITY OF INJURY, OR DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WETHER CAUSED BT THE NEGLIGENCE OF THE COMPANY OR ANY OTHER RELEASEE OR OTHERWISE.

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

 

By accepting these terms and conditions Member/Subscriber here by, on own behalf and on behalf of the other releasors, agree as follows:

 

1. TO EXPRESS WAIVE ANY AND ALL CLAIMS which Member/Subscriber or any other Releasor have or may in the future have against any of the Releasees and TO RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS AND LIABILITY for any loss, including financial loss, injury, including death, damage, including property damage, cost or relief of any kind that Member/subscriber may suffer in connection with, arising out of or attribute to the activities, due to any cause whatsoever, including without limitation NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWING UNDER OCCUPIERS LIABILITY LEGISLATION OR OTHERWISE ON THE PART OF ANY OF THE RELEASEES. Member/subscriber covenant, on Member/Subscriber own behalf and on behalf of the other Releasors, not to make or bring any such claim agains the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims;

2. TO DEFEND, IDEMNIFY AND HOLD HARMLESS the Company and all Releasees against any an all losses, damages liabilities, deficiencies, claims, action, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including damage to or destruction of any property, death of or injury to any person and legal fees, in connection with any third party claim, suit, action, or proceeding arising out of or resulting from the Activities;

3. Member/subscriber hereby represent, warrant and covenant that Member/subscriber have not transferred or assigned, an will not transfer or assign, to any other person or entity any of the claims that Member/subscriber releasing herein or with respect to which Member/Subscriber have agreed not to make any claim or take any proceeding. Member/Subscriber acknowledges that this Release shall be binding upon Member/Subscriber and the Releasors and shall enure to the benefit of the Company and each of the other Releasees;

4. This Release shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Release may be brought only in the courts of the Province of Ontario; and 

5. If any term or provision of this Release is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.  

 

In entering into this Release by accepting and having read the terms and conditions at checkout of purchasing the class of lounge monthly subscription, Member/Subscriber is not relying on any oral or written representations or statements made by the Company or any of the Releasees with respect to the safety of the Activities. Member/Subscriber CONFIRMS THAT MEMBER/SUBSCRIBER HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE and that by PURCHASING THE MONTHLY PLAN FOR THE LOUNGE OF CLASS on date of purchase, with this Release Member/Subscriber VOLUNTARILY WAVES SUBSTANTIAL LEGAL RIGHTS (on Member/subscriber own behalf and on behalf of the other Releasors), INCLUDING THE RIGHT TO SUE the Company or any other Releasee.

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Please be advised that these terms can be modified at anytime, after providing notice to you. 

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