Starlight Sailing Adventures

RELEASE OF LIABILITY, HOLD HARMLESS, AND INDEMNITY AGREEMENT 

In consideration of the Starlight Sailing Adventures allowing me to participate in courses noted on my application, I, on behalf of myself and my beneficiaries, hereby release the Host venue, Starlight Sailing Adventures and their respective officers, directors and members, any volunteers and other participants from any claims or causes of action that may arise as a result of my participation. This includes demands in respect to death, injury, loss, or damage to my child or my property, howsoever caused, arising out of or in connection with me taking part in this course notwithstanding that the same may have been contributed to or caused or occasioned by the negligence of the same bodies, or any of them, or their agents, officials, servants, or representatives. I acknowledge that by participating in this course I may be subjected to risks of injury of every nature. My activities may include the maneuvering of a boat or other watercraft in deep waters and in potentially hazardous conditions which could include, among other risks, cold water temperatures with exposure to hypothermia, strong winds and high waves, sudden and unexpected immersion in deep waters as well as collision with other watercraft or stationary objects such as docks, pilings and buoys. In the event I or other family members or anyone on behalf of me should attempt to pursue any claim against any of the released parties, I hereby agree to hold harmless and to indemnify such parties from any and all claims that may be brought against them including actual attorneys fees or costs that may be incurred in defending such claims. I accept responsibility for my participation and agree that it is my responsibility to determine whether I should be participating. I also agree that I am also bound by the rules, which may govern my participation in this event. This Release, Hold Harmless and Indemnity Agreement is intended by me to be without exception. It applies to any and all claims that might arise under any theory of liability. NOTE: This online registration form, along with the acceptance of this waiver, must be completed by the participant.

Payment Terms: Must be paid in full advance of the start. Place in the course is not held until payment received. You may pay by e-transfer, cheque or cash if you do not pay by credit card at the time of enrollment. Refund in full, minus payment charges if there is someone available to take your place and / or more than 2 weeks before the start of the class. We will use our discretion on any that fall closer to the start and will have to cover cost involved.

Each participant and their family must assess their own individual risk of exposure to COVID-19 acknowledging that engaging in any activity outside of one’s home at this time exposes a person to the risk of contracting COVID-19 even if all precautions and protocols are adhered to. If a participant is a member of a family or lives with a person who has underlying medical condition(s) they must not participate. If any participant’s family member has any of the above-noted COVID-19 symptoms, they must remain home, self-quarantine and not participate in sailing activities.

Terms & Conditions

You/Purchaser
The person who is purchasing a lesson from StarlightSailing.com, and who is entering into an agreement with Starlight Sailing Adventures.

Registrant
A person for whom a lesson is purchased and who’s information will be entered into Starlight Sailing Adventures.

Lesson
A service you are purchasing, which may include lessons, camp registration, or other services related to the party of whom you are purchasing the service from.

Data
Information you enter on this website, as part of purchasing a service, about both the purchaser and the registrant. Also includes additional information added by the Club about the registrant.

Refunds
All payments are considered final sale. However, in extenuating circumstances, refunds may be issued. Please request a refund through the club providing the lesson. Should you be unsatisfied with the Club’s response to your refund request, please contact us to request a refund. Starlight Sailing Adventures reserves the right to deny any refund.

Indemnity
The purchaser agrees and acknowledges that the registrant will participate in recreational activities entirely at his/her own risk and that he/she is medically fit to undertake such activities.

The purchaser agrees to hold Starlight Sailing Adventures  harmless for any personal injuries sustained by the registrant or any other person and for the loss or damage to any property which the registrant has brought on the premises whether caused by theft or any cause including negligence of the Club or any of its Members, Directors, Coaches, Agents, or Contractors.

License of the Platform

Starlight Sailing Adventures hereby grants to Customer a non-exclusive, non-assignable, non-transferable, royalty-free, revocable right and license to use, license to the Platform in connection with the Services. Except as expressly set out in this Agreement, Starlight Sailing Adventures retains all intellectual property rights in or to the Platform. Such right includes the right to allow Customer to access and use the Platform for the purposes contemplated herein. Customer may use the Platform for its own internal use only, and shall have no right to market, sell, distribute or use the Platform for commercial purposes.

Customer acknowledges and agrees that Starlight Sailing Adventures owns all right, title and interest in its website (the Site), the Platform and the Service, and all intellectual property contained therein, including, but not limited to all software, in both machine-readable and printed form, and all derivative works thereof, and any trademarked or copyrighted material which resides on the Site, the Platform or which is incorporated as part of the Service or which is distributed in conjunction therewith, and all related technical know-how and all rights therein, including, without limitation, rights in patents, copyrights, and trade secrets applicable thereto (collectively, “Starlight Sailing Adventures Intellectual Property”). All right, title, and interest in and to the Starlight Sailing Adventures Intellectual Property shall remain in Starlight Sailing Adventures. Customer may not reverse engineer, decompile, disassemble, modify in any way or create derivative works of the Starlight Sailing Adventures Intellectual Property, or take any action to jeopardize, limit or interfere in any manner with Starlight Sailing Adventures ownership of, and rights with respect to, any Starlight Sailing Adventures Intellectual Property. Customer shall have only those rights in and to the Starlight Sailing Adventures Intellectual Property granted to it pursuant to this Agreement.

In consideration of the grant of the licenses granted under this Agreement and access to the Platform, Customer acknowledges that it may provide Starlight Sailing Adventures orally or in writing such reasonably detailed feedback concerning Customer’s evaluation of the Platform (including concerning the Payment Service user experience (the Customer Feedback). Customer agrees that all rights, title and interest in and to the Customer Feedback is, and shall be, owned solely and exclusively by Starlight Sailing Adventures and treated as the Platform pursuant to the preceding paragraph.

Delivery of Customer Data

Customer shall supply to Starlight Sailing Adventures the Customer Data specified and described in Schedule A attached hereto. Customer shall deliver the Customer Data to Starlight Sailing Adventures as such Customer Data becomes available through the Platform or as the Parties may otherwise agree.

Customer acknowledges that in using the Platform the Customer Data will be transmitted via the Internet and may be transmitted across provincial or territorial borders within and outside of Canada. Customer shall be solely responsible for determining whether any such conveyance of Customer Data to Starlight Sailing Adventures complies with any and all applicable laws, including all statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, federal or provincial judgments, orders, decisions, rulings or awards, including all laws relating to the collection, use, storage and/or disclosure of information about an identifiable individual including the Protection of Electronic Documents Act (Canada) and equivalent provincial legislation, and similar legislation applicable outside of Canada (Laws).

Customer shall be responsible to obtain such consents pursuant to applicable Laws as necessary to permit Starlight Sailing Adventures to collect, use, store, disclose and dispose of Customer Data in accordance with the terms hereof.
Customer hereby grants to Starlight Sailing Adventures a non-exclusive, irrevocable, perpetual, worldwide and royalty-free, fully paid up, license to access, store, copy, process, reproduce, aggregate, change, transfer and otherwise use and disclose Customer Data in connection with the Services in accordance with Section 3 hereof.

Use of Customer Data

The parties acknowledge that performance of the Services will require Starlight Sailing Adventures to have access to Customer Data. Starlight Sailing Adventures agrees that any and all Customer Data, including Customer Data provided by Members, which becomes available to Starlight Sailing Adventures as a result of this Agreement and the Services provided hereunder, is and at all times shall remain the proprietary property of the party providing the information unless the party providing the information and the party receiving the information mutually agree otherwise in writing or by electronic means.

The Customer does not confer ownership rights to Starlight Sailing Adventures in providing Customer Data. If Starlight Sailing Adventures processes Customer Data in a way that results in the creation of a new “work” by operation of Canadian copyright law, then Starlight Sailing Adventures owns the new “work” without owning the underlying Customer Data (Work Product). Customer acknowledges and agrees that, as between it and Starlight Sailing Adventures, Starlight Sailing Adventures and its licensors, affiliates and business partners have and retain all rights, title and interest (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Work Products in any form. Customer acquires no rights whatsoever in or to all or any part of the Work Product except for the limited use rights granted by this Agreement. All rights not expressly granted to you in this Agreement are reserved for Starlight Sailing Adventures and its licensors. You may not copy or exploit Work Products except expressly in accordance with this Agreement or with the express written permission of Starlight Sailing Adventures. For greater certainty, non-identifiable, aggregated Customer Data shall constitute Work Product.

Starlight Sailing Adventures agrees that in using the Customer Data it shall comply at all times with all privacy Laws, including in connection with its collection, use and disclosure of personal information as defined by privacy Laws (Personal Information). Customer covenants that any and all Personal Information will be provided with the consent of each individual to which such Personal Information relates (if such consent is required under applicable privacy Laws), and covenants that such consents will be provided by Customer in a manner that allows the parties hereto to use the Customer Data as contemplated in this Agreement. Customer and Starlight Sailing Adventures covenant and agree that Personal Information in the Customer Data will be used only for the purposes for which the Personal Information is collected herein or for a subsequent purpose for which consent is subsequently obtained, or has been collected, used or disclosed for a purpose in respect of which consent may, under applicable privacy Laws, be implied. Each of Customer and Starlight Sailing Adventures shall use commercially reasonable efforts to protect and safeguard any Personal Information in the Customer Data against unauthorized collection, use or disclosure, as provided by applicable privacy Laws.

Starlight Sailing Adventures will only use and disclose to any third party Customer Data in accordance with applicable Laws and its privacy policy (Privacy Policy) available online. The Privacy Policy may be amended from time to time by Starlight Sailing Adventures and such amendments will take effect immediately upon notice of such amendments given by Starlight Sailing Adventures to Customer in accordance with the terms of this Agreement. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference.

Limitation of Liability and Indemnity

NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITH RESPECT TO USE OF THE CUSTOMER DATA, LOST PROFITS OR SAVINGS OR BUSINESS INTERRUPTION) OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY CUSTOMER OR ANY THIRD PARTY HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION.
The Customer agrees to defend, indemnify and hold harmless Starlight Sailing Adventures and its successors and assigns, and its and each of their respective directors, officers, shareholders, employees, agents, representative and related Persons (the Starlight Sailing Adventures Indemnified Parties) against and from, and shall pay to Starlight Sailing Adventures the amount of, any loss, liability, obligation, claim, debts, damages, loss of profits, fines, assessments, judgements and other penalties, costs, charges, disbursement or expenses that may be suffered by, incurred by, imposed upon or asserted against any of the Starlight Sailing Adventures Indemnified Parties as a result of, in respect of, connected with, arising out of, or in any way relating to any actual or threatened claim, demand, cause of action, civil, criminal, administrative, arbitral or investigative action, suit or proceeding (a Claim) brought by a third party, including brought by any federal, provincial, territorial, state, or other government or other political subdivision, arising as a result of or in connection with Starlight Sailing Adventures’s use or disclosure of any Customer Data as authorized under this Agreement.

Security and Back-Up

Starlight Sailing Adventures shall maintain commercially reasonable safeguards against the destruction, loss, and alterations of Customer Data in its possession. Starlight Sailing Adventures, at no additional cost to Customer, shall perform requested incremental backups. In the event of loss of Customer Data caused by Starlight Sailing Adventures, Starlight Sailing Adventures shall use commercially reasonable efforts to regenerate the lost Customer Data, at Starlight Sailing Adventures’s expense, as soon as practicable within ten (10) business days from the date Starlight Sailing Adventures is notified of the loss. The foregoing is Starlight Sailing Adventures’s sole liability and Customer’s sole and exclusive remedy for any such lost Customer Data. Starlight Sailing Adventures will provide to Customer all updates, upgrades, improvements, or modifications to the Platform and Payment Service that are made generally available to all users of the Service as soon as those updates, improvements, or modifications are available.

Starlight Sailing Adventures will maintain industry standard security technical procedures for the Customer Data residing on the Platform. Starlight Sailing Adventures reserves the right to change such procedures at any time in its sole but reasonable discretion. In the event of a material defect with respect to security, Starlight Sailing Adventures, after receipt of notice of such event, will use reasonable commercial efforts, at no cost to Customer, to determine the cause of such event. If such defect is caused by a fault or error in the Starlight Sailing Adventures Platform or Service, Starlight Sailing Adventures will take reasonable commercial steps to remedy such fault or error at no cost to Customer. This Section states the sole and exclusive remedy for any material failure of Starlight Sailing Adventures’s security systems.

General

Any notice, consent, waiver or approval required or permitted to be given in connection with this Agreement shall be in writing and given by delivering it (whether in person or by courier service), to the applicable Party at the address set forth above. Any such notice is deemed to have been delivered and received on the date of delivery if the day is a Business Day and delivery was received by the recipient Party prior to 5:00 p.m. (Toronto time) and otherwise on the next Business Day. A Party may change its address for service by notice given in accordance with the foregoing and any subsequent communication must be sent to such Party at its changed address.

Any reference in this Agreement to gender includes all genders and words importing the singular include the plural and vice versa. In this Agreement the words “including” and “includes” mean “including (or includes) without limitation”. When calculating the period of time “within” which or “following” which any act or event is required or permitted to be done, notice given or steps taken, the date which is the reference date in calculating such period is to be excluded from the calculation. If the last day of any such period is not a Business Day, such period will end on the next Business Day. In this Agreement the term Business Day means any day other than a Saturday, a Sunday, a statutory holiday in the Province of Ontario or any day on which banks are not open for business in the City of Toronto, Ontario. Unless otherwise specified, all amounts referred to in this Agreement are in Canadian dollars and will be payable in Canadian dollars. The division of this Agreement into Sections and Subsections and the insertion of headings are for convenient reference only and are not to affect or be used in the construction or interpretation of this Agreement.

This Agreement may not be assigned by either Party without the prior written consent of the other Party. This Agreement shall enure to the benefit of, and be binding on the Parties and each of their respective successors and assigns.

This Agreement is governed by and is to be interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each of the Parties irrevocably attorns and submits to the exclusive jurisdiction of the courts of Ontario in any action or proceeding arising out of or relating to this Agreement. Each of the Parties waives objection to the venue of any action or proceeding in such court or any argument that such court provides an inconvenient forum.

The obligations of the Parties pursuant to Sections 1, 3, and 6.3 and Article 4 and 7 of this Agreement shall survive the termination of this Agreement.
Each Party shall do all things, from time to time, and execute all further instruments, agreements and documents necessary to give full effect to this Agreement.
This Agreement, including the Schedule attached hereto, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, negotiations and discussions relating to the subject matter thereof, whether oral or written. This Agreement may only be amended, supplemented or otherwise modified by written agreement of the Parties.

The failure or delay by a Party in enforcing, or insisting upon strict performance of, any provision of this Agreement does not constitute a waiver of such provision or in any way affect the enforceability of this Agreement (or any of its provisions) or deprive a Party of the right, at any time or from time to time, to enforce or insist upon strict performance of that provision or any other provision of this Agreement. Any waiver by a Party of any provision of this Agreement is effective only if in writing and signed by a duly authorized representative of such Party.

If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect, without amendment.

Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, fiduciary or employment relationship between the Parties nor shall any Party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other Party. The Parties will remain at all times independent contractors. In no event will either Party’s employees, agents or subcontractors be considered agents or employees of the other Party.

Except as expressly provided herein, neither Party shall use the other Party’s name, trademark(s) or trade-name(s) in any advertising, promotional activities or publicity release without the other Party’s prior consent, provided that either Party may make any requisite disclosure under any applicable Law.

This Agreement may be executed in any number of separate counterparts (including by facsimile or other electronic means) and all such signed counterparts will together constitute one and the same agreement. To evidence its execution of an original counterpart of this Agreement, a Party may send a copy of its original signature on the execution page of this

Agreement to the other Parties by facsimile or other means of recorded electronic transmission and such transmission (including in PDF form) shall constitute delivery of an executed copy of this Agreement to the receiving Party.

SCHEDULE A
Description of Customer Data
Customer Data includes:

1 ”Starlight Sailing Adventures required Data”. This data is required in order to create a Starlight Sailing Adventures account.

Email address

2 ”Voluntary Starlight Sailing Adventures data” shall be defined as any data that is requested of a customer by a National body, National body affiliate organization or facility delivering the program. The data may include but not limited to.

First, Last Name
Birthdate
Phone Number
Fax Number
Gender
Address, City, Province/State, Postal Code
Country

Privacy Policy

This privacy policy (the “Policy”) is intended to inform customers and their members of the types of information about them (“Personal Information”) Starlight Sailing Adventures Inc. (“Starlight Sailing Adventures”, “we” or “us”) collects directly from its customers and their members, as well as our policies and practices regarding the collection, use, and disclosure of that information through our online skill tracking tool application and participation payment mechanism (the “Applications”), our web pages (including the Starlight Sailing Adventures website at http://www.Starlight Sailing Adventures.com (the “Site”)), and our other services (collectively the “Services”).

Please read this Policy carefully.

We reserve the right to change this Policy at any time. We will alert you to changes that have been made by indicating on the Policy the date it was updated. Your continued use of any of our Services following the posting of changes to this Policy means that you accept those changes. We encourage you to review this Policy from time to time to make sure that you understand how any Personal Information about you will be collected, used, disclosed and retained.
How Do We Collect, Use and Disclose Personal Information?

Personal Information Collected through your use of the Site and Applications.

Each time you visit the Site, we may collect information, including some of your Personal Information, by using cookies. A “cookie” is a piece of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences. You can set your Internet browser to refuse cookies, but some portions of the Site or our Services may not work properly if you refuse cookies. Each time you use one of our Applications, we may collect your mobile phone identifier and your geo location.
We use cookies collected through the Site and our other websites to remember and recognize you when you visit those websites, identify you for login purposes, and improve your experience when using the Site. We use your mobile phone identifier and geo locations to allow you to use the Applications and improve your experience in so doing.
We will not disclose any of the Personal Information you provide to us through your use of the Site or Applications, such as cookies or geo locations.

Personal Information You Voluntarily Provide to Us.

We collect the following information that you voluntarily give us when you use the Applications, email us, use the “support@Starlight Sailing Adventures.com” email on the Site of one of our other websites, or register with us directly to use one of our Services: Refer to Schedule A at the end of This Agreement.
When you contact us, we may use your email address to contact you via email to respond to your inquiries, tell you about changes to this Policy, and inform you about our products/services in which you expressed an interest when you contacted us about our Services. By using the Starlight Sailing Adventures services, in accordance with the Antispam legislature, you give us implied consent to send you information deemed as pertinent by Starlight Sailing Adventures.
We will not disclose any of the Personal Information you provide to us when you contact us.

How Do We Share Personal Information?

Except as described above, unless you ask or provide your consent to do so, we will not share your Personal Information with any other third party. Only employees of Starlight Sailing Adventures and our service providers who need access to Personal Information to perform a specific job (for example, responding to your inquiry) are granted access to such Personal Information. We make our employees aware of the importance of protecting Personal Information in accordance with this Policy.
In addition to the paragraphs above, we will disclose Personal Information to a third party when we believe in good faith that such disclosures (a) are required by law, including, for example, to allow us comply with a court order or subpoena, or (b) are necessary, in our opinion, to: enforce our policies; protect your safety or security, including the safety and security of property that belongs to you; investigate improper use of the Site, our other websites, our Applications, or our Services; and/or, protect the safety and security of our Site, website, Applications or Services or the sites or services of third parties.

In addition, if Starlight Sailing Adventures is to be sold, merged or amalgamated or is to sell or dispose of substantially all of its assets, any Personal Information may be transferred to a potential purchaser if, and to the extent, necessary for the purposes of deciding whether to proceed with the sale and completing the sale. If such sale, merger, acquisition or disposal is completed, the purchaser may use and disclose Personal Information only to the extent described in this Policy if the information relates solely to the carrying on of the business or activity or the carrying out of the objects for which the sale, merger or acquisition took place.

We may share anonymous, aggregated, demographic information we have about users of our Services with our partners and advertisers and other third parties. This is not linked, and cannot be linked, to any Personal Information that can identify any individual person.

How Do We Store Personal Information

We will store and retain Personal Information only for as a long as is necessary to fulfill the purpose for which it was collected. Once Personal Information is no longer required to fulfill the purpose for which it was collected, we will destroy, erase, or make it anonymous and in so doing will take care to prevent unauthorized parties from gaining access to it.
The computers and servers in which we store and process Personal Information are kept in a secure environment. These computers/servers may be located in countries outside of Canada, including the United States, and may therefore be subject to different laws than those applicable in Canada. While we aim to protect your Personal Information when it is transferred outside of Canada, the laws of other jurisdictions may require the disclosure of your Personal Information to governmental authorities under circumstances that are different than those that apply in Canada and that are contemplated under this Policy.

If we have disclosed your Personal Information to a third party in accordance with this Policy, whether in personalized or anonymous aggregated form, we ensure that that such third party stores and retains Personal Information only for as a long as is necessary to fulfill the purpose for which it was collected.
Personal Information that has been made anonymous and aggregated is no longer considered Personal Information and we will retain such anonymous, aggregated information indefinitely.

Your Access to and Control Over Personal Information

We offer our users choices regarding our collection, use, and sharing of Personal Information. If you receive any electronic communications, including emails, from us, you may indicate a preference to stop receiving further electronic communications from us by contacting us directly as set out below. You can do the following at any time by contacting us via the email address or phone number given on our Site or via the contact information provided below:
See what Personal Information we have about you, if any;
Change/correct any Personal Information we have about you;
Have us delete any Personal Information we have about you;

See what Personal Information, if any, has been made available by us to our affiliates, subsidiaries, or related organizations, or to any third parties; or Tell us to stop contacting you.

If you contact us to do any of the things listed above, we may require you to provide sufficient Personal Information to allow us to identify you and tell you about the existence, use, and disclosure of your Personal Information and this Personal Information will only be used for this purpose. If you contact us about your Personal Information, we will respond to your request within a reasonable time and at no cost to you.

Does This Policy Apply to Third Party Websites?

The Site and our other website may contain links to third party websites. Any Personal Information you provide on linked pages or other websites is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked pages or other websites, and we are not responsible for the content or privacy and security practices and policies of these other websites or any other sites that are linked to or from our Site or our other websites. We encourage you to learn about the privacy and security practices and policies of these other websites before providing them with Personal Information.

What Steps Do We Take To Protect Your Information?

We take measures designed to protect all Personal Information in an effort to prevent loss, theft, misuse, and unauthorized access, disclosure, alteration, copying, modification and destruction of Personal Information. We provide physical, organizational, technological, electronic, and procedural safeguards to protect Personal Information we process and store; however, despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

Laws

This Policy and the practices described in it will be subject to the laws of the jurisdiction in Canada in which you reside. We make no representation that this Policy and our practices comply with the laws of any other country or jurisdiction.

Questions?

If you have any questions about this Policy, please Contact us. 

If you contact us about your Personal Information or this Policy, we will respond to your request within a reasonable time and at no cost to you.