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Subscription Agreement.
Please read the full agreement carefully before signing. Scroll to the bottom to accept.
1. EQUIPMENT OWNERSHIP
The equipment provided under this agreement ("Equipment") remains the sole property of Playdapt at all times. No ownership interest in the Equipment is transferred to the Customer under any circumstances. The Equipment is a modular steel-frame indoor climbing structure including all accessories delivered with it.
2. SUBSCRIPTION TERM
The minimum subscription term is nine (9) months from the date of installation ("Initial Term"). After the Initial Term, the subscription continues on a month-to-month basis and may be cancelled by either party with thirty (30) days written notice.
3. MONTHLY FEE
The Customer agrees to pay the monthly subscription fee for their selected plan as confirmed in their onboarding form. Payment is due on the same date each month. Late payments may result in suspension of service.
4. CARE BOND
A refundable Care Bond of $700 CAD is collected before delivery. The Care Bond will be refunded within twenty-one (21) business days of Equipment pickup, less any deductions for damage beyond normal wear and tear. An itemised statement will be provided with any deductions.
5. EARLY TERMINATION
If the Customer cancels before the end of the Initial Term, an early termination fee of $200 CAD plus one month's subscription fee will be deducted from the Care Bond. The remaining Care Bond balance will be refunded within twenty-one (21) business days.
6. DELIVERY AND INSTALLATION
Playdapt will deliver and install the Equipment at the Customer's specified address. The Customer must ensure reasonable access to the premises on the agreed installation date. Installation typically takes under two (2) hours.
7. COLLECTION
Upon cancellation or termination, the Customer must allow Playdapt reasonable access to the premises for Equipment pickup within the agreed timeframe. The Customer must not attempt to disassemble, move, or modify the Equipment.
8. CUSTOMER RESPONSIBILITIES
The Customer agrees to: keep the Equipment clean and in good condition; notify Playdapt immediately of any damage or safety concerns; not modify, alter, or attempt to repair the Equipment; not move the Equipment to a different address without prior written approval from Playdapt; and ensure adult supervision during use at all times.
9. DAMAGE
The Customer is responsible for damage to the Equipment beyond normal wear and tear. Damage costs will be assessed by Playdapt and deducted from the Care Bond. If damage costs exceed the Care Bond, the Customer will be invoiced for the difference.
10. GOVERNING LAW
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Liability Waiver.
This is a separate legal document. Please read carefully — it covers injury, safety risk, and your responsibilities as the Equipment holder.
⚠ IMPORTANT LEGAL NOTICE — BY SIGNING THIS DOCUMENT YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE PLAYDAPT FOR NEGLIGENCE.
1. ACKNOWLEDGEMENT OF INHERENT RISKS
I acknowledge that the use of indoor climbing equipment involves significant inherent risks including but not limited to: falls from height, contact with hard surfaces and metal components, entanglement in ropes or nets, equipment failure, improper use, collision between users, overexertion, and injuries resulting in bruising, lacerations, fractures, spinal injuries, head injuries, permanent disability, and death. These risks exist regardless of the precautions taken by Playdapt.
2. ASSUMPTION OF RISK
I voluntarily and knowingly assume all risks associated with the use of the Equipment by myself and all persons I permit to use the Equipment. I acknowledge that I am solely responsible for supervising all users of the Equipment at all times and that Playdapt has no supervisory presence at my home.
3. RELEASE OF LIABILITY — ADULT USERS
To the fullest extent permitted by law, I release, waive, discharge, and covenant not to sue Playdapt from any and all claims, demands, losses, costs, damages, and expenses arising from any injury, illness, or death suffered by any adult user of the Equipment, whether caused by the negligence of Playdapt or otherwise, except in cases of gross negligence or wilful misconduct by Playdapt.
4. ACKNOWLEDGEMENT REGARDING MINOR CHILDREN
I acknowledge that I am the parent or legal guardian of any minor children who will use the Equipment. I understand that under Ontario law, a parent's waiver may not fully extinguish a minor child's right to bring a legal claim. Notwithstanding this, I agree to assume full responsibility for supervising my children during all use of the Equipment, ensure my children use the Equipment safely and within their physical abilities, and indemnify and hold harmless Playdapt from any claim brought by or on behalf of my minor children arising from use of the Equipment, to the extent permitted by Ontario law.
5. OCCUPIERS' LIABILITY ACT
I acknowledge that pursuant to Ontario's Occupiers' Liability Act, I am providing this Waiver as an express assumption of risk for myself and all adult users of the Equipment at my premises.
6. SCOPE OF WAIVER
This Waiver applies to all incidents in connection with the Equipment including during delivery, installation, use, maintenance visits, and collection, anywhere on or in the vicinity of my premises.
7. INDEMNIFICATION
I agree to indemnify and hold harmless Playdapt from any claims brought by third parties — including guests, visitors, or any person who accesses my premises — arising from the presence or use of the Equipment.
8. HEIRS AND ESTATE
This Waiver shall be binding upon my heirs, next of kin, executors, administrators, and legal representatives in the event of my death or incapacity.
9. ELECTRONIC EXECUTION
My electronic signature constitutes a valid and binding signature pursuant to Ontario's Electronic Commerce Act, 2000.
10. VOLUNTARY AGREEMENT
I confirm I have read this Waiver in full, understand its contents, have had the opportunity to seek independent legal advice, and am signing voluntarily.
11. GOVERNING LAW
This Waiver shall be governed by the laws of the Province of Ontario and the federal laws of Canada.
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