Last Revised: January 30, 2020
Triple E Canada Ltd., together with its subsidiaries and affiliates (“us”, “we”, “our” and/or “Triple E”) is pleased to support Leisure Travelers Clubs (the “Clubs”). While Triple E supports the Clubs, their Events and associated excursions and activities (collectively, the “Activities”), Triple E does not directly conduct nor manage the Activities. With that being said, Triple E expects every person who participates in an Activity (including Club members) (collectively, the “Participants”) to comply with this Code of the Conduct (the “Code”). However, Triple E cannot ensure a Participant’s safety while participating in an Activity, therefore it is each Participant’s sole responsibility to ensure his/her safety while participating in an Activity.
By registering for MyLTV account or otherwise participating in an Activity, you signify that you have read, fully understand and agree (and your parent or legal guardian on your behalf, if you are under the legal age of majority in your jurisdiction of residence) to be legally bound by this Code and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS CODE, YOU ARE NOT PERMITTED TO PARTICIPATE IN ANY ACTIVITIES. We suggest you print a copy of this Code for your records.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Code at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Code and will indicate at the top of this page the date this Code was last revised. To the fullest extent permitted by applicable law, your continued participation in any Activity after the date this Code was last revised constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Code, as revised.
Each Participant must act in a manner that creates a positive and inclusive environment while participating in an Activity. That is why you agree that while participating in an Activity that you:
- will not engage in any act that is defamatory, disparaging, obscene, harassing, violent, demeaning or vulgar;
- will not engage in any act that is illegal or dangerous
- will respect other Participants’ views and opinions and will promote an open, inclusive and tolerant environment;
- will not damage, tarnish or otherwise negatively impact third party property;
- will not degrade, disparage or deprecate Triple E (including without limitation its products and services) and/or the public image or good standing in the community of Triple E (including without limitation its products and services);
- will, if you decide to consume alcohol, consume alcohol in moderation and, in any event, you will not consume alcohol and drive or operate any type of vehicle;
- will ensure you are able to, and will, engage in the Activity in a safe manner (including without limitation ensuring that bring any special safety or health equipment that you may require, for example an epinephrine auto-injector, defibrillator or other medical device); and
- will comply with the additional rules, policies and restrictions provided by the Club leader, other Activity host or Activity venue (as applicable).
By participating in an Activity, you acknowledge, agree, warrant and represent to Triple E, its officers, directors and employees, the Clubs, Club leaders, other Club members, other Participants and their respective heirs, executors, beneficiaries, successors and assigns (collectively, the “Club Parties”) that:
- you will comply with this Code at all times while participating in an Activity;
- you will not violate any applicable law, regulation, code or policy while participating in an Activity;
- you will not violate any third party rights and will not give rise to any third party claims in connection with your participating in an Activity;
- you have reached the legal age of majority in your jurisdiction of residence, or have had your parent or legal guardian agree to this Code on your behalf;
- you shall be solely responsible for your acts at all times when while participating in an Activity;
- the Club parties are not responsible for your safety nor the safety of any property in connection with an Activity; and
- you are in good health and physically fit as required to participate in any applicable Activity, and acknowledge and agree that: (a) to participate in an Activity involves certain risks and dangers of accidents, negligence, personal injury, including (without limitation) death, and property loss or damage; (b) the Club Parties have not made any warranties, guarantees or representations about the state or condition of the applicable premises, your safety while participating in the Activity or the results resulting therefrom; and (c) you have evaluated the nature, scope, and extent of the risks involved, and voluntarily and solely choose to participate in the applicable Activity and to assume all associated risks.
Indemnification by Participant
By participating in an Activity, you hereby agree to indemnify, defend and hold harmless the Club Parties at all times from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your participation in the Activity and/or breach of this Code, including, without limitation, any and all claims based on a breach of any warranty, representation or agreement made by you in this Code and any and all claims based on negligence, a breach of privacy rights, defamation, any other criminal or civil laws or any other cause of action.
Release and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
COMMENTS OR OPINIONS EXPRESSED DURING ACTIVITIES ARE THOSE OF THE APPLICABLE PARTICIPANT ONLY AND DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF TRIPLE E. THE CLUB PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, COMMENTS OR OPINIONS EXPRESSED AT LIVE EVENTS AND THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
THE CLUB PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO ACTIVITIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU UNCONDITIONALLY AND IRREVOCABLY RELEASE THE CLUB PARTIES FROM ANY LIABILITY RISING FROM, CONNECTED WITH, OR RELATING TO ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR MY PARTICIPATION IN THE ACTIVITY.
YOU EXPRESSLY ACKNOWLEDGE THAT TRIPLE E HAS ENTERED INTO THIS CODE WITH YOU AND MAKES THE CLUBS AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRIPLE E. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS CODE.
Governing Law and Jurisdiction
To the fullest extent permitted pursuant to applicable law, this Code, the Activities and all related matters shall be governed solely by the laws of the Province of Manitoba, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Manitoba in the City of Winkler in relation to all disputes arising from or related to this Code, the Activities and any related matters.
If you breach any provision of this Code (as determined by Triple E or its designated representatives), you may no longer participate in any Activity or any Club. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Clubs or any part thereof or any of their features at any time, for any reason, without any notice or liability to you or any other entity.
If any provision of this Code is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Code shall continue in full force and effect. No failure to exercise or waiver of any provision of this Code shall be deemed a further or continuing waiver of such provision or any other provision of this Code.
This Code are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Code to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.