Terms and Conditions and Waiver Form
The Terms and Conditions were last updated on August 17, 2023
1. Introduction
These Terms and conditions apply to this 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.
2. Binding
By registering with, 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.
3. Electronic communication
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.
4. Intellectual property
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 the 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).
5. Third-party property
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.
6. Responsible use
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.
7. Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
8. Idea submission
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.
9. Termination of use
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 will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
10. Warranties and liability
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 products or services will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis;
- the quality of any product or service purchased or obtained by you 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.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. 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, software or database, 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.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
11. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
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.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
12. Accessibility
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.
13. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Canada.
14. Assignment
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.
15. Breaches of these Terms and conditions
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.
16. Indemnification
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.
17. Waiver
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.
18. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
19. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Siamak Hashemi in relation to your use of this website.
20. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. 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. To request a prior version of these Terms and conditions, please contact us.
21. Choice of Law and Jurisdiction
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.
22. Contact information
This website is owned and operated by Siamak Hashemi.
You may contact us regarding these Terms and Conditions through our contact page.
23. Download
You can also download our Terms and Conditions as a PDF.
WAIVER FORM
Consent, waiver, assumption of risk, and release of liability agreement.
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 presentin 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 in such forms and on such modes of communication as Apex Football Academy sees fit.
10. Download Waiver Form here: WAIVER FORM
BY SIGNING BELOW I REPRESENT THAT: 1) I HAVE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER , ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT; 2) I CERTIFY THAT TO THE EXTENT THAT ANY MINOR IS LISTED BELOW, I AM THE LAWFUL PARENT OR LEGAL GUARDIAN OF THAT MINOR WITH AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF; 3) AND THAT I UNDERSTAND APEX FOOTBALL ACADEMY IS RELYING ON MY CONSENT TO THIS AGREEMENT IN ELECTING TO ALLOW ME OR THE MINOR(S) FOR WHOM I AM A PARENT OR LEGAL GUARDIAN TO USE ITS APEX SPORTS CENTER FACILITY AND/OR PARTICIPATE IN APEX FOOTBALL ACADEMY PROGRAMS, EVENTS OR ACTIVITIES.