Last updated: August 2023
These Terms and Conditions apply to the Apex Football Academy website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By accessing or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and Conditions. In some particular cases, we can also ask you to explicitly agree.
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All rights are reserved. Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Our website may include hyperlinks or other references to other party's websites. We do not monitor or review the content of other party's websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an "as is" and "as available" basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. We make no warranty that this website or our services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or that the quality of any service obtained through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute legal, financial, or medical advice of any kind. If you require advice you should consult an appropriate professional.
In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Our maximum liability to you for all damages arising out of or related to the website or any services, regardless of the form of legal action, will be limited to the total price that you paid to us to purchase such services or use the website.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. For more information, please see our Privacy Policy and our Cookie Policy.
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
Access to the website from territories or countries where the content or services on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Canada.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be null and void.
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and Conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Apex Football Academy in relation to your use of this website.
We may update these Terms and Conditions from time to time. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
These Terms and Conditions shall be governed by the laws of Canada. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Canada. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
This website is owned and operated by Apex Football Academy.
17768 65A Avenue, Surrey, BC V3S 5N4, Canada
Email: admin@apexfootballacademy.com
Phone: (604) 262-3909
You may also contact us through our contact page.
In consideration of being allowed to be present at and/or participate in any way in the activities, events and programs of Apex Sport Center and Apex Football Academy (hereafter, collectively "Apex Football Academy"), I, the undersigned, on behalf of myself, any minor listed on the signature page of this Agreement, and each of our respective personal representatives, heirs, next-of-kin, spouse and assigns (collectively, "I", "me" or "my"), acknowledge and agree as follows:
1. There is the potential for significant risk of injury and illness from Apex Football Academy activities including but not limited to playing and practicing in indoor or outdoor soccer/football, observing soccer/football events/practices, soccer/football competitions and tournaments, travel to and from said events, practices, competitions and tournaments ("Apex Events"). While at Apex Events, injuries can range from minor to fatal, whether caused by me or others. While rules, equipment and personal discipline may reduce risks, the risk of serious injury and/or death does exist.
2. I understand that while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses, mold and mildew may be present in the Apex Sports Center or at other locations where Apex Football Academy activities, events and programs may take place, that I may be exposed to same while at the Apex Sports Center or participating in Apex Football Academy related activities and that those natural pathogens may cause me illness or other bodily injury.
3. I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, related to: (a) my presence at Apex Sports Center and/or participation in any Apex Events, whether conducted at the Apex Sports Center or an outside location; and (b) my use of any equipment at or belonging to Apex Football Academy, even if arising from the negligence of the Releasees (defined below) or others, and assume full responsibility for my participation and use.
4. I represent that I am capable of participating in Apex Events, and take full responsibility for not exceeding my limits.
5. I willingly agree to comply with the stated and customary terms and conditions for participation in Apex Events and use of Apex Football Academy equipment.
6. If I observe any unusual hazard or at any time feel anything is unsafe, I will immediately stop participating, remove myself from the unsafe area and notify an Apex Football Academy representative or employee as soon as possible.
7. I, for myself and the minor(s) noted below, and on behalf of our respective personal representatives, heirs, next of kin, spouse and assigns, HEREBY KNOWINGLY AND INTENTIONALLY RELEASE, INDEMNIFY AND HOLD HARMLESS APEX SPORTS CENTER AND APEX FOOTBALL ACADEMY, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS AND MEMBERS, EMPLOYEES, OFFICIALS AND AGENTS, AND THE OWNERS AND LESSORS OF PREMISES USED BY APEX FOOTBALL ACADEMY TO CONDUCT ITS ACTIVITIES AND PROGRAMS ("RELEASEES"), AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, LOSSES, DAMAGES (KNOWN OR UNKNOWN AND ECONOMIC OR NON-ECONOMIC), SUITS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING OUT OF MY ACCESS TO OR USE OF THE APEX SPORTS CENTER AND FACILITIES, PARTICIPATION IN APEX FOOTBALL ACADEMY PROGRAMS, ACTIVITIES OR EVENTS, AND/OR MY USE OF ANY EQUIPMENT OR OTHER PERSONAL PROPERTY PROVIDED, LOANED OR OTHERWISE MADE AVAILABLE BY, OR ACCESSIBLE FROM, ANY RELEASEES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
8. I understand that Apex Football Academy does not guarantee the specific trainer or trainers that may be assigned to my sessions or activities, even if I have signed up for a specific trainer. Apex Football Academy will do its best to accommodate trainer requests, but does not guarantee assignments.
9. I consent to Apex Football Academy taking photographs, digital images, video recordings and/or sound recordings in documenting the activities of Apex Football Academy's programs, events, activities and services. I grant to Apex Football Academy and its affiliates a perpetual, fully-paid up, world-wide license to use the digital images, negatives, prints, motion pictures, video and audio recordings or any other reproduction of the same for Apex Football Academy and its affiliates' educational and promotional purposes.
BY PARTICIPATING IN APEX FOOTBALL ACADEMY PROGRAMS, EVENTS OR ACTIVITIES, YOU REPRESENT THAT: (1) YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER, ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT; (2) TO THE EXTENT THAT ANY MINOR IS PARTICIPATING, YOU ARE THE LAWFUL PARENT OR LEGAL GUARDIAN OF THAT MINOR WITH AUTHORITY TO CONSENT ON THEIR BEHALF; AND (3) YOU UNDERSTAND APEX FOOTBALL ACADEMY IS RELYING ON YOUR CONSENT TO THIS AGREEMENT IN ELECTING TO ALLOW YOU OR THE MINOR(S) FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN TO USE ITS FACILITIES AND/OR PARTICIPATE IN APEX FOOTBALL ACADEMY PROGRAMS, EVENTS OR ACTIVITIES.
This policy is subject to updates as our services evolve. We encourage you to review this page periodically.