POLICIES

TICKET PURCHASE, CHANGE, REFUND AND TRANSFER POLICY

ASSIGNMENT OF IMAGE RIGTHS

ACCIDENTS WAIVER OF LIABILITY

By participating in any of ZEM’s activities (including but not limited to classes, workshops, and special events), you agree to the following conditions:

YOU ASSUME ALL RISKS OF PARTICIPATING IN ANY OF ZEM’S ACTIVITIES. This includes, but is not limited to, personal injuries that occur while participating in performances, social dances or workshops, or while walking to or from the site of the activities. You also assume any risks that may arise from negligence or carelessness on the part of ZEM and their affiliates, volunteers, sponsors, employees, artists, and/or their directors, officers, representatives and agents, or any other related entity not explicitly mentioned (hereafter, the “Released Parties”), and any venue where ZEM carries on its activities. This includes but is not limited to any risks arising from dangerous or defective equipment or property owned, maintained or controlled by the Released Parties. You will assume any risks for which the Released Parties would be liable, without fault.

Risks include, but are not limited to, those caused by the terrain, facilities, temperature, weather, physical or mental condition of participants, equipment, vehicular traffic, lack of hydration and the actions of others, including, but not limited to, participants, volunteers, instructors and/or producers of the activity. These risks are not only inherent to participants, but also present for volunteers and any other party. 

YOU ACKNOWLEDGE that ZEM's activities involve strenuous physical and mental components, which can result in death, serious injury or loss of property.

YOU CERTIFY that you are physically fit to participate in ZEM’s activities and that (if necessary), you have sufficiently prepared or trained to participate in the desired activities. You certify that there are no health-related reasons that prevent you from participating in the activities. You understand that you should not participate in ZEM’s activities if you have been advised by a qualified medical professional not to do so. If a qualified medical professional has advised you not to participate in any aspect of ZEM's activities, you assume full responsibility for any problems that may arise from your participation.

YOU UNDERSTAND that it is your responsibility to manage your participation in ZEM's activities, including (by way of example, but not limited to) making it known if you are uncomfortable or unable to perform any movements for any reason whatsoever (including both mental and physical reasons). You understand that you have the right to refuse to participate in any aspect of the activities and that it is entirely your responsibility to decide whether or not to participate. You assume all risks in this regard.

YOU UNDERSTAND that the laws of Quebec, Canada govern this waiver. In the event of a dispute, this waiver will be interpreted under and in accordance with the laws of the province of Quebec and those of Canada applicable therein.

YOU UNDERSTAND that if any provision or part of this waiver is found to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability will affect only that portion of this waiver that is invalid or unenforceable, and that the remaining parts of this waiver will remain in full force and effect.

YOU ACKNOWLEDGE that the Released Parties will rely on this Accidents Waiver of Liability, and that it will govern your actions and responsibilities at ZEM with respect to your participation in any and all activities. This Accidents Waiver of Liability shall be construed broadly to provide a release and waiver to the maximum extent permitted by Quebec law.

On behalf of yourself, your executors, administrators, heirs, next of kin, successors and assigns, you swear the following: 

(A) I WAIVE, RELEASE AND DISCHARGE the Released Parties from any and all liability, including but not limited to, liability arising from the negligence or fault of the Released Parties, for my death, disability, personal injury, property damage, property theft, or actions of any kind that may befall me hereafter, including my travel to and from such activities.

(B) I INDEMNIFY, HOLD HARMLESS, AND AGREE NOT TO SUE the Released Parties from any and all claims, damages, losses and actions, including reasonable legal fees, resulting from damages or liability for personal injury, including death, or property damage, caused by a negligent act, strict liability, breach of contract, error or omission of the Released Parties or any of their agents, subcontractors or employees for any event or activity related to ZEM.

(C) I consent to receive such medical treatment as may be deemed advisable in the event of injury, accident and/or illness during these activities, and that if I reject any advisable medical treatment, I am solely responsible for any results and all liability for that decision.

(D) I CERTIFY THAT I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT DIGITALLY OF MY OWN FREE WILL. I UNDERSTAND THAT I HAD THE OPPORTUNITY TO SEEK CLARIFICATION FROM ZEM OR MY OWN INDEPENDENT LEGAL COUNSEL.


Developed by Laura Riva
Adapted by ZEM with permission