Terms & Conditions
For a printable version of these Terms and Conditions, click here [link].
LARGOS LOFT RENTAL AGREEMENT
Thank you for your interest in renting studio space at Largos Loft (the “Product” and/or the “Membership”) from www.largosloft.ca (the “Website”)
By proceeding to place an order by clicking “Buy Now,” “Complete Order,” or any other similar phrases that may appear on the purchase and check out page and or button, by entering your credit card or other payment information, or otherwise rendering payment, either in full or partial payment, for the Product with VICTORIA VAN HEZEWYK c.o.b. as LARGOS LOFT (the “Company”, “Us”, “We”, “Our” or “Owner”) through www.largosloft.ca (“Our Website”) (hereafter defined as a “Customer”, “You”, or “Your”, “Me” “My”), any Customer hereby agrees to be bound by the legally binding terms and conditions herein (the “Terms and Conditions”) as a condition of Your receipt of the Product provided by Us.
If You do not agree to be bound by the Terms and Conditions, do not check the box indicating “I agree”, “I accept”, “I agree with the Terms and Conditions”, “I accept the Terms and Conditions”, or any other variant of that phrase, and do not proceed with Your order.
Please retain a copy of the Terms and Conditions.
ALL SALES ARE FINAL. NO REFUNDS.
LAST REVISION: 31-08-2024
WHEREAS VICTORIA VAN HEZEWYK, c.o.b. as LARGOS LOFT, wishes to provide a studio rental space and other related services to the Customer (the “Services”);
WHEREAS the Company provides the Services located at 106 King Street, St. Catherines, Ontario, L2R 3H8 for the purpose of providing photographers and creatives with a community hub and recurring access to studio space.
AND WHEREAS, the Customer wishes to retain the Services of the Company; and
AND WHEREAS, both the Customer and the Company wish to formally agree as to the terms and conditions of the retainer of the Company;
WHEREAS Customers may access the Product on the internet and as such We wish to protect Our rights in the Product as a condition of granting You that access.
Now therefore in consideration of the mutual promises made herein, the Customer and VICTORIA VAN HEZEWYK c.o.b. as LARGOS LOFT agree as follows:
AVAILABILITY OF PRODUCT.
Products listed on our Website may not be available at the time You make Your order. Your order is subject to availability at Our sole discretion.
2. ACCEPTANCE OF ORDERS.
The Products are only intended for individuals purchasing in the Province of Ontario who are over the age of 18 eighteen years old.
Except in Québec, the descriptions of products on Our Website are only invitations for You to make an offer to purchase.
Following Your acceptance of these Terms and Conditions and Our acceptance of Your payment, either partial or full, We will deliver the Product in accordance with these Terms and Conditions.
We reserve the right to accept or reject the order once You have completed and placed Your order. We also reserve the right to cancel an order for any reason, even if payment has already been made.
3. DESCRIPTION OF PREMISES & FACILITIES.
The Company hereby agrees to rent to the Customer and the Customer hereby agrees to rent from the Company, for the Term (as described below), and subject to the conditions and covenants hereinafter set forth, the Rental Space described on the booking page and located at 106 King Street, St. Catherines, Ontario, L2R 3H8.
The Customer hereby recognizes and explicitly acknowledges and accepts that the furnishings in the Premises may change from time to time, and it is possible that the furnishings inside the Premises at the time of booking are not the same furnishings inside the Premises at the time of My use. I hereby choose to book the Premises with this in mind.
The Customer explicitly covenants to treat the Premises with the same level of respect and decency as a reasonable person would treat a well-furnished and decorated space, and in any event, to act at all times during the Term of this Agreement and anytime the Customer is at the Premises, in good faith.
The Customer acknowledges and accepts that the booking is for the Premises only and understands that there are no photography, videography or other services included in the booking.
The Customer acknowledges and accepts that the booking is for the Premises only and the booking does not include any equipment such as lights, cameras, backdrops, tripods, or other related items.
4. RESTRICTIONS ON THE USE OF THE PREMISES & FACILITIES
The use of the Premises and Facilities shall be limited to use by the Customer, and the Customer shall not exceed the building’s maximum capacity as determined by the Ontario Regulation 213/07 (the Ontario Fire Code) under the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. Capacity head-count should take account of everyone in the building, including people working for the event. Without Special Events permitting, Customers are limited to a maximum capacity of TEN (10) individuals in the Premises. Those with a Small Event Permit are limited to a maximum capacity of TWO HUNDRED-FIFTY (250) individuals in the Premises.
The parties to this Agreement agree that the Premises and Facilities shall be used as legitimate business Premises and for no other purpose and in accordance with the Rules and Regulations within this Agreement or otherwise promulgated by Company from time to time.
The Customer may not make any alteration or improvement to any part of the Premises and Facilities except with written prior consent of the Company.
The Customer hereby accepts the Premises and Facilities in its existing condition and agrees that the Company shall not be required to perform any work in, on or to the Premises or Facilities. The Customer covenants with the Company that it will not allow any refuse, garbage, or any loose, objectionable material to accumulate in, on, or about the Premises and Facilities and will at all times keep the Premises and Facilities in a clean and neat condition. The Customer hereby agrees to be responsible for and perform all obligations and pay all costs whatsoever in respect of the Customer’s business conducted in or on the Premises.
The Customer covenants with the Company that the Customer will not make any repairs, replacements, changes, additions, improvements, or alterations to the Premises. The Customer shall comply, at its sole cost, with all applicable laws and by-laws of any municipal, provincial, or federal government respecting the use, condition, and occupation of the Premises.
5. TERM
The term of this Agreement (the “Term”) shall be for a period beginning on the earliest of the Selected Dates and Times and ending on the latest of the Selected Dates and Times chosen by the Customer when scheduling the booking, or, if the Customer purchased a Membership, a period of three (3) months (the “Initial Term”), unless earlier terminated in accordance with the provisions of this Agreement.
The Customer shall enter the Premises ONLY at the exact Selected Time and not earlier and shall vacate the Premises, returning it to the Company free of alterations, fixtures, furnishings, or any other property of or under the control of the Customer at the expiry or earlier termination of the Term. The Selected Times must be inclusive of the Customer’s set-up and tear-down time as the Customer shall not have access to the Premises before or after their exact Selected Dates and Times.
For clarity, the Customer shall:
return the Premises to the Company in no worse condition than the Customer received possession of the Premises from the Company;
at its cost, and any such amounts to be determined at the sole discretion of the Company which clause the Customer hereby explicitly agrees and accepts given the respect and good faith the Customer agreed to show for the Premises, repair any damage that it causes to the Premises or is caused in connection with the Customer’s use of the Premises; and
leave the Premises in a neat and clean condition.
For the Customer who purchased a Membership, following the Initial Term, this Agreement will automatically renew on a month-to-month basis at the end of the term unless other party provides thirty (30) days written notice of termination.
For greater clarity, the Company retains the right to refuse service to a Customer at the Company’s sole discretion once the Term of the herein Agreement has expired.
6. RESPONSIBILITY FOR CLEANING, DAMAGES & SECURITY DEPOSIT
The Customer shall be responsible for all damage or loss caused to the Premises and Facilities, and its furnishings and fixtures except for reasonable wear and tear, and the Customer shall pay for all repairs and replacement thereof during the Term and upon the termination of this Agreement.
The Customer will also be liable for any lost income at whatever the current “Day Rate” for the Premises is for each calendar day the Premises should not be in a rentable condition, as determined at the sole discretion of the Company. The Customer hereby accepts this clause as reasonable and appropriate given the circumstances.
The Customer shall be responsible for insuring its own property located on the Premises and Facilities.
The Customer MAY be responsible for obtaining event insurance for any events being hosted at Company, at the Company’s request and discretion.
In addition to payment of rent, as a condition of each booking, Customers must submit a refundable security deposit of fifty ($50.00) dollars CAD (the “Security Deposit”) to the Company at the time of booking. This Security Deposit is will be returned to the Customer at the sole discretion and timing decisions of the Company following the conclusion of the Selected Dates and Times the Customer has attended at the Premises. The Customer acknowledges that this Security Deposit is NOT the maximum amount they could be charged for any cleaning, damage, repairs or otherwise the Company must undertake to the Premises and any furniture, fixtures, décor or chattels therein arising out of the Customer’s use of the same under this Agreement.
7. PAYMENT OF RENT.
During the check-out process You will be provided with a list of the Selected Dates and Times You are purchasing, their price, and a list of all additional charges. You will be asked to confirm Your order at the end of the check-out process.
Rental Space cannot be confirmed until full payment of rent and the Security Deposit are received.
The Customer agrees to pay full rent as follows as per the following booking options (a “Booking Option”):
Hourly Rate: Customers may book studio space on an hourly basis for a period of between zero (0) and six (6) hours at a rate of $125.00 per hour + applicable taxes. Payment for hourly rates is due in full at the time of booking.
Day Rate: Customers may book studio space for a period of nine (9) consecutive hours in any given calendar day during business hours at a rate of $850 + applicable taxes. Payment for day rates is due in full at the time of booking.
Membership Rates: Customers opting for a membership package hereby commit to a minimum Initial Term of three (3) months with rates and terms as follows:
8 Hours/ Month: Customers may book studio space on an hourly basis for eight (8) consecutive or non-consecutive hours during the subsequent thirty (30) days from the date of purchase for a monthly fee of $720.00 + applicable taxes per month, billed on the date of purchase and every subsequent monthly anniversary of purchase following, unless earlier terminated in accordance with the provisions of this Agreement.
4 Hours/ Month: Customers may book studio space on an hourly basis for four (4) consecutive or non-consecutive hours during the subsequent thirty (30) days from the date of purchase for a monthly fee of $400.00 + applicable taxes per month billed on the date of purchase and every subsequent monthly anniversary of purchase following, unless earlier terminated in accordance with the provisions of this Agreement.
Any Membership payments not received within 5 calendar days of their due date shall be subject to a late fee of CAD $50.00.
Upon execution of these Terms and Conditions by Your clicking “Buy Now,” “Complete Order,” or any other similar phrases that may appear on the purchase and check out page and or button, You hereby agree to pay to Us the full purchase amount for the Product, set out in the box labelled "Order Total" (regardless of what Booking Option You select at checkout).
If You select a Membership option, You hereby agree to pay the full purchase amount and all fees or Order Total pursuant to the payment schedule outlined at checkout and selected by You, or else We reserve the right to send You to collections for any outstanding monies due and owed under this Agreement. You hereby accept and agree that You shall still continue to remain responsible to make all payments due and owing under these Terms and Conditions to Us, even in the event Your access to the Product is revoked.
By proceeding to place an order by clicking “Buy Now,” “Complete Order,” or any other similar phrases that may appear on the purchase and check out page and or button, by entering Your credit card or other payment information, or otherwise rendering payment, either in full or partial payment, for the Product You authorise Us to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan You selected at checkout, and You do not require separate authorization for each payment.
You also authorise Us to charge the credit card or account used at checkout to complete all payments, penalties or transfers of money otherwise required pursuant this Agreement, including those for the Security Deposit and any fees owing for damages, cleaning, or repairs to the Premises or any furniture or chattels therein, arising out of the Customer’s use of the equipment or Premises and Facilities under this Agreement amounts which will be determined by the sole discretion of the Company, and I hereby authorize the Company to charge the charge the credit card or account used at checkout without my prior authorization at the time of the charge. I hereby accept this authorization and give it willingly based on the covenant to act in good faith in the performance of this Agreement.
You shall not threaten or make any chargebacks to Our account or cancel the credit card that is provided as security without Our prior written consent. We reserve the right to collect any and all monies owed by You to Us for the Product, by any means necessary within the parameters of the law. In the event of a chargeback, We reserve the right to report the incident to credit reporting agencies as a delinquent account. You shall be responsible to pay for any fees associated with recouping payment, including but not limited to, collections fees and legal fees.
The Customer acknowledges that charges under this Agreement are subject to applicable taxes and agrees to pay such tax as and when due.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
8. COST OF ADDITIONAL HOURS.
The Customer hereby acknowledges that they only have access to the Premises during the Selected Dates and Times chosen by the Customer the booking. There is no allowance for showing up early or remaining on the Premises outside of the Selected Dates and Times.
The Customer hereby explicitly accepts that the following charges are reasonable and accepts all responsibility for same if they chose to enter the Premises earlier or remain on the Premises later than their Selected Times:
For every FIFTEEN (15) MINUTES a Customer is occupying the Premises outside of their Selected Dates and Times, the Customer accepts the charge of SEVENTY-FIVE ($75.00) Dollars for that use of the Premises.
Once a Customer has remained in/on the Premises for one (1) hour or more, the Customer accepts the charge of FIVE HUNDRED ($500.00) Dollars, and the Customer will be billed for the full hour, as soon as they remain on the Premises for more than 60 minutes after the completion of their Selected Dates and Times.
9. RESCHEDULING.
Customers are permitted to reschedule their booking time with a minimum of TWENTY-FOUR (24) hours’ notice prior to the start of the Customer’s Selected Date and Times.
Rescheduling requests must be submitted through Acuity, or by the Customer sending written notice to the Company via email directly victoria@largosloft.ca. Rescheduling request sent over any form of social media direct message shall not be accepted as an appropriate form of notice under this Agreement.
The Customer may reschedule their booking to any available date in the future. However, the Company does not guarantee that the desired future dates will be available at the time of rescheduling.
By choosing to reschedule, the Customer acknowledges and accepts that their preferred dates, especially during peak seasons or times, may not be available. The Customer assumes the risk that the Rescheduled Dates and Times may not align with their preferred timing, and agrees that the Company shall not be held liable for any inconvenience or scheduling conflicts that may arise from the Customer’s decision to reschedule.
10. CANCELLATION & REFUND POLICY.
All payments made for studio rentals are non-refundable. The Company does not offer refunds under any circumstances.
In the event of a cancellation of a Customer’s booking time, the Customer will not receive a refund. Instead, the Customer will be issued a studio credit equivalent to the amount paid for the cancelled booking. This credit can be applied toward a future studio rental.
If the Customer needs to cancel a booking, it is the Customer’s responsibility to reschedule the rental using the studio credit provided. The Customer must follow the rescheduling process as outlined in Section 9.
If the Customer attempts to cancel or reschedule a booking less than twenty-four (24) hours before the start of the rental period, the Customer will forfeit the payment for that booking. No refunds or studio credits will be issued for cancellations or rescheduling attempts made within this 24-hour window.
11. TERMINATION RIGHT.
The Company reserves the right to terminate this Agreement immediately if, at any time, it believes that the Customer has violated any terms of this Agreement. Upon such termination, the Company may block or revoke the Customer's access to the Studio, Site, Product, and any related communications, without prior notice. The Company also reserves the right to block the Customer's IP address from further access to its Site.
In the event that the Company must cancel a booking due to unforeseen circumstances, such as a flood or any other significant issue at the Premises, the Customer will be given the option to either receive a full refund to the card on file or rebook the studio for another available date.
The Company reserves the right to terminate this Agreement and the Customer's access to the Studio without cause and without prior notice. In such cases, the Customer will be refunded any prepaid amounts for future services that will no longer be provided.
The Company enforces a strict zero-tolerance policy regarding the misuse of space, including but not limited to the use of drugs, smoking, open flames, hate speech, discrimination, or disrespect towards neighbouring businesses. Any violation of these house rules will result in immediate termination of this Agreement, and the Customer may be prohibited from entering into any future agreements with the Company.
The Company shall have the following rights and remedies if the Customer is in default of any payment obligation or fails to perform any other obligations under this Agreement:
The Company may terminate this Agreement without notice and seek damages from the Customer.
The Company may remedy any default by the Customer without terminating this Agreement, and the Customer shall be liable for the costs incurred by the Company, including legal fees plus fifteen percent (15%) of such costs, in the occurrence of any of the following triggering events:
The Customer is in default of any payment obligation
The Customer fails to perform any other obligations immediately after receiving written notice.
The Customer's use or occupancy of the Premises results in the cancellation or adverse change of any of the Company's insurance policies.
The Customer becomes bankrupt or insolvent, makes a bulk sale, or if steps are taken for winding up or other termination of the Customer's existence, or a trustee, receiver, or similar person is appointed concerning any of the Customer's assets or business.
The Customer changes the use of the Premises or facilities without the Company's prior written consent.
The Customer or any persons permitted by the Customer cause willful or negligent damage to the Premises or facilities.
Termination is permitted under any other provisions of this Agreement or applicable law.
13. DELIVERY & PICKUP OF EQUIPMENT & PERSONAL ITEMS.
The Company does not offer the rental of any additional equipment. The Customer is solely responsible for providing and managing their own equipment. The Company is not responsible for any equipment or personal items left behind by the Customer, and shall not be held liable for any loss, damage, or destruction of such items.
All deliveries and pick-ups of the Customer’s equipment or personal items must occur within the rental period specified in this Contract unless otherwise arranged with the Company. Company staff are not responsible for receiving or signing for any delivered items. Any rental items left on the Premises beyond the rental period without prior approval by the Site or Event Manager will incur an additional charge, which will be billed to the Customer. Any equipment belonging to the Customer that is approved for next-day pick-up must be moved to a designated storage area immediately following the event. Items left in storage are done so at the Customer’s own risk, and the Company is not responsible for any such items.
The Company reserves the right to charge a cleaning fee, particularly if the rental involved eight (8) or more people or if the Premises were left in a condition requiring additional cleaning. Additionally, the Company reserves the right to charge the Customer’s card on file for reasonable expenses related to any damage to the Premises or facilities caused by the Customer or their guests. The amount of such charges will be determined at the discretion of the Company.
A refundable security deposit of $50 will be charged at the time of booking. This deposit will be refunded after the event, provided no damage has occurred and no additional cleaning is required. While the Company does not require a damage deposit beyond this upfront security deposit, it reserves the right to charge the Customer's card on file for any reasonable expenses related to damages or excessive cleaning needed after the rental.
The Customer acknowledges that any items left on the Premises, whether in storage or otherwise, are done so at their own risk. The Company is not responsible for any damage, loss, or destruction of the Customer's equipment or personal items, regardless of the circumstances.
14. HOUSE RULES AND REGULATIONS.
The Customer hereby accepts the following House Rules and Regulations and agrees to follow them:
Studio Capacity: The studio accommodates a maximum of 10 people. This limit must be strictly adhered to at all times to ensure a comfortable and safe environment for all users. Special exceptions possible at the sole discretion of the Company for authorized and permitted events.
No Animals: Pets and animals are not permitted on the Premises unless explicitly pre-approved by the Company. Any unauthorized animals will result in immediate termination of the Agreement and a mandatory charge of $250.00 Animal Cleaning Fee that the Customer will be responsible for.
Complimentary Items: The studio provides complimentary furniture and décor, which may change periodically, as well as a refrigerator, Wi-Fi, a TV, and a boardroom table for the Customer's use. These items are provided to enhance your experience and must be used respectfully.
No Shoe Policy and Food & Drink Restrictions: Shoes are not allowed in the studio space and must be worn only in the boardroom, kitchen, and change rooms. Additionally, food and drinks are prohibited in the studio area and may only be consumed in the designated boardroom, kitchen, and change rooms to maintain cleanliness and prevent damage.
Smoking Policy: Smoking is strictly prohibited inside the Premises, including all indoor areas. Smoking is only allowed in designated outdoor areas in accordance with local bylaws. Customers are responsible for cleaning up any smoking-related debris before vacating the Premises to maintain a clean and safe environment.
Alterations and Decorations: Customers are not permitted to make any alterations to the Premises, including moving furniture, changing décor, or affixing items to the walls, without prior written consent from the Company. Redevelopment or redecorating of any kind is strictly prohibited to preserve the integrity and appearance of the studio.
Door and Corridor Usage: Corridor doors, exit doors, and connecting doors must not be propped open after business hours. All corridors, halls, elevators, and stairways must remain unobstructed and are to be used solely for ingress and egress, ensuring safety and ease of movement for all users.
Signage and Advertisements: No advertisements, identifying signs, or notices may be inscribed, painted, or affixed to any part of the corridors, doors, or public areas without the Company's written consent. This rule helps maintain a professional and uncluttered environment within the studio.
Prohibited Activities: Customers are not allowed to operate large business machines, reproduction equipment, conduct mechanical business, cook, or use oil, burning fluids, gasoline, or kerosene on the Premises. The kitchen area is limited to a refrigerator, bar area, coffee bar, and prep sink. Real candles and open flames are strictly prohibited to prevent fire hazards and ensure safety.
Electrical Wiring: Any special wiring required for business machines or other purposes must be performed by an electrician designated by the Company. Electrical current should be used solely for ordinary lighting and computer purposes unless written permission is obtained from the Company, ensuring that all electrical work meets safety standards.
Furniture and Fixtures: Customers may not remove furniture, fixtures, or decorative materials from the Premises. This rule ensures that the studio remains fully equipped and ready for use by all customers.
Damage and Cleaning Fees: The Company reserves the right to charge Customers for any damage to the Premises or excessive cleaning required after use. These fees will be determined at the Company's discretion based on the extent of the damage or the level of cleaning needed to restore the studio to its original condition.
Security of the Premises: Customers are responsible for securing the Premises while occupying it and must ensure that it is secured before leaving. The front door is designated for emergency use only and must not be used under normal circumstances to maintain the security and integrity of the studio.
Visitors: It is the responsibility of the Customer to ensure all Visitors to the Premises are aware of and agree to abide by the within Terms and Conditions as a condition of entry and use of the Premises. The Customer is responsible for maintaining control over who accesses the studio.
Additional Rules: The Company reserves the right to establish additional reasonable rules and regulations as deemed necessary for the safety, care, and cleanliness of the Premises. Any new rules will be communicated to the Customer as they arise to ensure ongoing compliance and a safe environment for all users.
15. DISCLAIMERS OF WARRANTIES.
The only express warranties or conditions are provided are those warranties that are described in the description of the goods on this Website.
Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to You, some or all of the following disclaimers may not apply to You.
To the fullest extent permitted by applicable laws, We disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.
This Product is provided on an "as-is" basis, without any warranties or representations, express, statutory or implied including, without limitation, any warranties or representations as to the accuracy, completeness, merchantable quality or fitness for a particular purpose of the Product or any content on this Website.
The use of the Product and the Website is at Your own risk. Without limiting the foregoing, We do not warrant that the Product shall function without failure, error or interruption. The Product may offer guidance regarding (what kind of) decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for his/her/themselves.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
16. LIMITATION OF LIABILITY.
The Company shall not be liable to the Customer for any injury or damage to the Customer's person or property or that of his invitees or licensees however caused including, without limitation, resulting from the acts or omissions of Company's employees or agents, or persons leasing space or services from Company or other persons occupying any part of the Premises or for any failure of services provided such as electricity, water, or gas or for any injury or damage to property or persons caused by any person or by Company's failure to repair. The Company shall not be liable or responsible in any way for any loss or damage, injury, or death to any person or property caused by any other licensee or occupant of the Premises or by the public. All property kept or stored in or about the Premises shall be at the sole risk of the Customer, and the Customer shall indemnify the Company and save it harmless in respect of the same. Without in any way limiting or affecting the generality or interpretation of the foregoing provision, it is agreed that the Company shall in no event be liable for any indirect or consequential damage suffered by the Customer.
The Customer hereby releases the Company, its servants, agents, employees, officers, directors, contractors, and those for whom the Company is in law responsible from all losses, damages, and claims of any kind related to the Premises or Facilities or any items stored in or on the Premises or Facilities.
THE COMPANY’S LIABILITY IS HEREUNDER LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY UNDER THIS AGREEMENT.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
17. INDEMNITY.
The Customer hereby AGREES, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREED NOT TO SUE THE COMPANY, it's insurer, the companies owners, officers, directors, partners, shareholders, agents, guidance, instructors, independent contractors, affiliates, volunteers, participate, employees, representatives, successors and assigns of the company, and all other persons or entities acting in any capacity on their behalf (each a “Released Party”) FOR ALL MANNER OF ACTIONS, CAUSES OF ACTION, DEBTS, ACCOUNTS, BONDS, CONTRACTS, CLAIMS AND DEMANDS OR FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF MY USE OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT OR NEGLIGENT REPRESENTATION AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.O. 1990, c. O.2.
THE CUSTOMER UNDERSTANDS THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASE PARTY TO TAKE REASONABLE STEPS TO SAFE GUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.
FOR EVEN GREATER CLARITY, I, THE CUSTOMER, HEREBY ACKNOWLEDGE THAT MY EXECUTION OF THIS AGREEMENT WILL FOREVER PREVENT ME AND MY HEIRS AND ASSIGNS FROM SUING OR OTHERWISE CLAIMING AGAINST THE RELEASEES FOR ANY LOSS OF ANY KIND THAT I MAY SUSTAIN WHILE ON THE PREMISES.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
18. SURRENDER OF PREMISES.
The Customer agrees to surrender the designated area to Company in the same state of repair and clean condition as originally received by the Customer, normal wear and tear excepted.
19. NON-DISPARAGEMENT.
The Company will not disparage the Customer’s business, Customer’s agents, or the Customer in their personal capacity or otherwise take any action that can reasonably be expected to adversely affect Customer’s reputation and/or goodwill, and shall also not disparage the Customer’s Customers, or Customer’s referral partners.
Similarly, the Customer will not disparage Company or take any action that can reasonably be expected to adversely affect Company’s personal or professional reputation. This includes explicit disparagement and implicit or inferred disparagement, including but not limited to online, in writing, verbal, or in person.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
20. DISPUTE RESOLUTION.
Before resorting to litigation or arbitration, the Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by confidential discussions. If the dispute has not been resolved to the satisfaction of the parties within thirty (30) days, either party may initiate litigation or arbitration.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
21. WAIVER.
The failure of any Party to enforce at any time any provision or term of this Agreement, or any right in respect thereof, shall in no way be considered as a waiver of the right to enforce each provision of this Agreement. Likewise, the waiver of any breach shall not be deemed to be a waiver of any future breach, even one similar in nature, or to affect the validity of this Agreement.
22. FORCE MAJEURE.
Neither Party shall be responsible to another for delay in the performance of, or failure to perform, this Agreement where such delay or failure is caused by circumstances beyond the reasonable control of the affected Party including, without limitation, causes including strikes, lockouts or any other labour disruptions, war, natural disaster, pandemic, government mandated lockdown, or acts of God (“Force Majeure”).
In the event of any such delay or failure in performance, the affected Party shall be granted an extension of time for performance that is equitable in light of the cause of the delay.
If the Force Majeure continues beyond a period of two (2) months either Party may terminate this Agreement on written notice to the other.
23. SEVERABILITY.
If any term of this Agreement is found to be invalid or unenforceable, in whole or in part, the validity or enforceability of any other provision will not be affected and will remain in full force and effect.
24. ACTUAL AUTHORITY.
Each party represents that the individual signing on its behalf has full authority to bind the party and is over the age of 18 years.
25. AMENDMENT TO THE TERMS.
We reserve the right to amend the Terms at any time without notice to You. The Terms that govern Your order will be the Terms posted to our Website on the day and time that You place Your order. Each time You place an order You should review and print the Terms.
We reserve the right to amend the Terms and Conditions at any time by posting amendments on this website. You are responsible for reviewing the amendments on this Website and You are deemed to be aware of such amendments three (3) days after the amendments are posted or on the date specified in a notice to You. Continued use of the Product or access of this Website after the amendments have been posted constitutes Your acceptance of the amended Terms and Conditions.
26. APPLICABLE LAW.
The Terms are governed by the laws of the province of Ontario without reference to conflict of laws principles.
The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of Ontario unless required otherwise by applicable laws of Your province of residence.
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
27. ENTIRE AGREEMENT AND NOTICES.
The Terms and Conditions, Your purchase order and Our confirmation of shipping or delivery (if applicable) constitute Our entire agreement with You.
Any notices required or permitted to be given under the Terms and Conditions or applicable laws may be given to You at the e-mail address You provided to us during Your order. Any notice given to You will be effective three (3) days after We send the notice to You, irrespective of whether You receive it or it is returned to us as undeliverable.
You may contact us at: victoria@largosloft.ca
This Section will indefinitely survive expiry or termination of these Terms & Conditions.
28. YOUR AGREEMENT.
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