TABLE OF CONTENTS
1. Collection of information
We may collect and store the following kinds of data/information:
We may send a cookie which may be stored by your browser on your computer's hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website's usability and for approved marketing purposes. We may also use that information to recognize your computer when you visit our website, and to personalize our website for you.
Our advertisers and partners may also send you cookies. Most browsers allow you to refuse to accept cookies. This may however, disable accessibility to some of the features of the websites.
3. Using your personal data
We may use your personal information to:
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(4) Other disclosures
5. Data transfers
6. Security of your personal data
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
We store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology to prevent unauthorized access to your account information. We invest in security technology and aim to ensure that our processes meet or exceed industry standards.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. However, we will notify you in case we observe any security breach.
You are responsible for keeping your password and user details confidential. We will not ask you for your password. Please do not share your password with others. Change your password regularly.
7. Children's privacy
If you are under 18 years of age, you are not permitted to access this website. We do not collect or maintain personally identifiable data from individuals below 18 years of age. If we notice or it is brought to our notice that such information is collected, we will ensure to delete such information and terminate such account. A parent or legal guardian of individuals under 18 years, who has become member of this website, may contact us to have that individual's account terminated and information deleted. Please see our contact information below;
8. Policy amendments
9. Your rights
You may instruct us to provide you with any personal information we hold about you. You may instruct us not to process your personal data for marketing purposes by contacting us at any time. Please see our contact information below. California residents may further obtain the personalized information retained by us by sending us a written request at the address provided below.
10. Third party websites
We may provide links to third-party websites, such as those of our business partners and online advertisers. These sites may collect information about you. Since we do not control the information policies or practices of these third parties, you should review their privacy policies to learn more about how they collect and use personally identifiable information. We are not responsible for the privacy policies or practices of third party websites.
11. Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated. The same will be corrected/updated within a reasonable time.
12. Business Transitions
We may use and disclose your personal information in connection with the proposed or actual financing, sale or other business transaction involving part or all of our business or assets. Such use and disclosure would be for the purpose of allowing third parties to determine whether to proceed with the proposed transaction, and if the transaction proceeds, for the purpose of completing the transaction. Assignees or successors to our business or assets may use and disclose your personal information for the purposes described in this policy. You will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
13. Contact information
We will respond to your mail and take appropriate steps to resolve any issue within 21 days of receipt of your mail.
DINER EN BLANC INTERNATIONAL INC. - GENERAL TERMS AND CONDITIONS (last updated July 13, 2020)
APPLICABLE TERMS AND CONDITIONS
This website (the “Site”) is owned, managed and operated by Dîner en Blanc International Inc. ("DÎNER EN BLANC"). These general terms and conditions (the “Terms”) govern the access to this Site, as well as its content, including the Le Dîner en Blanc® membership and associated events and activities (collectively, the “Services”). By accessing this Site, subscribing to the rights and/or privileges of Le Dîner en Blanc® membership or attending any Le Dîner en Blanc® event, you agree to be bound by these Terms whether or not you have read them. If you do not agree to these Terms, do not access this Site.
MEMBERSHIP FEES RIGHTS AND BENEFITS
Your Le Dîner en Blanc® membership provides you with access to this password protected Site any time of the day or night, from any location with Internet service.
A Le Dîner en Blanc® membership is a unique and effective tool that entitles you to manage all aspects of the local event that you will be attending. Some of the features may include: select your companion at your table; recommend another friend who can be invited to the event; communicate with the Host (as defined below); manage seating arrangement; manage transportation to the event, purchase items from the e-store and, a priority invitation to the next Le Dîner en Blanc® event in the same city for those participants who have respected the rules of such event.
PLEASE NOTE THAT EACH LE DÎNER EN BLANC® LOCAL CITY EVENT IS HOSTED AND ORGANIZED BY A LOCAL EVENT ORGANIZER (THE “HOST”) WHOM OR WHICH IS ENTIRELY INDEPENDENT FROM DÎNER EN BLANC AND YOU MUST CONTACT YOUR LOCAL LE DINER EN BLANC® EVENT ORGANIZER FOR DETAILED INSTRUCTIONS. DÎNER EN BLANC IS IN NO WAY RESPONSIBLE FOR THE LOCAL CITY EVENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANYTHING RELATED TO THE EVENT.
After your order is verified and submitted for billing, a yearly subscription fee in accordance with the terms of the offering materials will be billed to your preferred payment method designated in your account, and if you have so selected, will continue to be charged on yearly basis until you contact us and cancel. You can contact our customer support by visiting dinerenblanc.com. DÎNER EN BLANC reserves the right to change the yearly subscription fee without notice.
You authorize DÎNER EN BLANC to deduct from your designated payment method all applicable transaction and membership fees and/or charges required to maintain your membership for one year or, additional time if you have requested auto renewal. Statements will reflect these transactions each year under debits from DÎNER EN BLANC or one of its trade names. DÎNER EN BLANC reserves the right to resubmit (up to 2 attempts) any payment declined or returned/rejected for non-sufficient funds (NSF). You understand that You may be responsible to your bank for overdraft charges, return item fees or similar charges resulting from declined or NSF transactions, whether or not the item is paid or rejected.
PRICE AND AVAILABILITY
The Le Dîner en Blanc® event (including products and services ordered or purchased through this Site from any Vendor or participating business) are subject to local event city regulations, and availability of proper venue and proper seating arrangement. DÎNER EN BLANC does not guarantee that the Host will be able to accommodate all the requests made by you on the Site, nor is DÎNER EN BLANC responsible for such requests.
Le Dîner en Blanc® membership offers expressly require a customer to provide their name, address, bank account or credit card information and email address and agree to be billed at full membership rates unless the order is cancelled before the end of the verification period. Upon receipt of your order, the affiliated payment processing (Stripe or PayPal) will present you with a receipt. You can also download the receipt from your page on the Site. DÎNER EN BLANC reserves the right to refund all or a portion of subscription fees paid when, in its sole discretion and business judgment, it is fair and equitable to do so.
TRANSFER RESTRICTIONS AND UNAUTHORIZED USE; LIMITED LICENSE
You agree that you will use your Le Dîner en Blanc® membership only for your own non-commercial benefit or the benefit of members of your immediate family who reside with you at your regular home address. You may not transfer, assign, sell or lend your membership or rights to any other person. You may not authorize or permit any person who is under legal age in your jurisdiction, or who does not reside at your home regardless of age. You agree to preserve and protect the privacy, secrecy and/or confidential nature of your membership access, and all personal identification information used in connection with your membership number, including credit card information, bank account information, user ID and password, , etc., DÎNER EN BLANC reserves the right to suspend your account if your user name has been compromised, or used on two or more different IP addresses at the same time or so close in time that you could not physically have been present at the access locations within that time period.
Subject to your compliance with these Terms, DÎNER EN BLANC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Site solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by DÎNER EN BLANC and DÎNER EN BLANC 's licensors.
OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS OF USE
The materials displayed on or contained within this Site including all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of DÎNER EN BLANC or its licensors and are protected by copyright, trademark and other intellectual property laws. Le Dîner en Blanc® name, logo, business and marketing methods, web designs, graphics and related trade dress or marks (collectively the "Materials") are the intellectual property of DÎNER EN BLANC and/or its licensors. All rights are reserved. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third-party (including the display and distribution of Materials via a third part website) without the express prior written consent of DÎNER EN BLANC. Use of Materials is only permitted with the express written permission of DÎNER EN BLANC.
The Services, the Materials and all rights therein are and shall remain DÎNER EN BLANC's property or the property of DÎNER EN BLANC's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner DÎNER EN BLANC's Materials or those of DÎNER EN BLANC's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Materials or Services except as expressly permitted by DÎNER EN BLANC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
This Section will survive the termination of your right to use this Site.
REPRESENTATIONS AND WARRANTIES
You warrant and represent that through or as a result of the rights and access authorization provided by DÎNER EN BLANC , and/or related to DÎNER EN BLANC's vendors, marketing partners, or other members, you will not use any computer, server, digital or electronic equipment or devise, computer program or software, digital signal, digital message or communication process, website, server, or the Internet to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree to not interfere with the servers or networks connected to DÎNER EN BLANC or to disobey any requirements, procedures, policies or regulations of networks connected to DÎNER EN BLANC.
ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, DÎNER EN BLANC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
TECHNICAL ISSUES AND DISCLAIMER OF WARRANTY
You acknowledge and agree that technical processing and transmission by or to DÎNER EN BLANC, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Access to this Site and the availability of services, materials or documents from the Site is subject to interruption of access to the Internet caused by technical failures, or issues which may include interruptions beyond our control, such as your Internet access, associated technical failures or weather/power related outages.
CONSENT TO ELECTRONIC COMMUNICATIONS
By providing us with your email address you consent to receive communications from DÎNER EN BLANC electronically, either by email or by notices posted on this Site, as determined by DÎNER EN BLANC in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by DÎNER EN BLANC in writing is satisfied by such electronic communication. You agree that DÎNER EN BLANC and/or its affiliates may send you emails, which include notices about your account as well as information pertaining to DÎNER EN BLANC's or a partner's products or services, such as featured products or new offerings. You agree that this information is part of your membership and your relationship with DÎNER EN BLANC and/or its affiliates.
CONSENT FOR PHOTOGRAPHY AND FILMING
When attending a Dîner en Blanc® event, participants enter an area where photography, audio and video recordings will occur.
By entering the event premises, participants consent to interview(s), photography, audio recording, video recording and their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by Le Dîner en Blanc® and its affiliates and representatives. Participants release DÎNER EN BLANC and the Host, as well as their respective directors, officers, employees, agents or other representatives, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.
By entering the event premises, participants waive all rights they may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. Participants also waive any rights to review or approve of any photo, video, or audio recording taken by Le Dîner en Blanc® and/or the person or entity designated to do so by DÎNER EN BLANC.
DÎNER EN BLANC may, in DÎNER EN BLANC 's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to DÎNER EN BLANC or the Host through the Site or social media accounts of DÎNER EN BLANC or the Host, textual, audio, and/or visual content and information, including commentary and feedback related to DÎNER EN BLANC, the Host and Le Dîner en Blanc® events, (collectively “Participant Content”). Any Participant Content provided by you remains your property. However, by providing Participant Content to DÎNER EN BLANC or the Host, you grant DÎNER EN BLANC and the Host a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Participant Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Participant Content or you have all rights, licenses, consents and releases necessary to grant DÎNER EN BLANC the license to the Participant Content as set forth above; and (ii) neither the Participant Content nor your submission, uploading, publishing or otherwise making available of such Participant Content nor DÎNER EN BLANC's use of the Participant Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Participant Content that is defamatory, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DÎNER EN BLANC in its sole discretion, whether or not such material may be protected by law. DÎNER EN BLANC may, but shall not be obligated to, review, monitor, or remove Participant Content, at DÎNER EN BLANC's sole discretion and at any time and for any reason, without notice to you.
PROMOTIONS AND ADVERTISING
DÎNER EN BLANC, the Host and/or their business partners may present advertisements or promotional materials on or through the Site. Your participation in any promotion, as well as your purchase of any product or service described in such advertisements or promotional materials, whether or not any such promotion or offer is linked or available through the Site, are subject to those terms and conditions contained or referenced within the promotional materials, web page, or website associated with such offer or promotion. Your participation in other promotions on or through the Site is not required but is subject to any terms and conditions stated in connection with such offer or promotion. You agree that DÎNER EN BLANC and the Host shall not be held responsible or liable for any loss of damage arising out of any other offer or promotion, and these Terms shall apply only between you and DÎNER EN BLANC and the Host with respect to your online access to the information posted on this Site.
CHANGES TO THE SITE
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
DÎNER EN BLANC retains the right at any time (and from time to time) to discontinue, modify, temporarily or permanently terminate the DÎNER EN BLANC Site (or any part thereof) with or without notifying you. If DÎNER EN BLANC discontinues the Site, DÎNER EN BLANC will not be liable to you or any third party for such discontinuance, modification or termination.
CHANGES TO THE TERMS
DÎNER EN BLANC may at any time, at its sole discretion, modify these Terms, with or without notice. Amendments or modifications will be effective immediately upon posting. You agree to review these General Terms and Condition periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms. If you do not agree to any modification of these Terms, you must immediately stop using this Site.
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third-party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of DÎNER EN BLANC. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.
BILLING FRAUD AND FRAUD RESOLUTION
DÎNER EN BLANC and its payment processing affiliates have a zero-tolerance policy for fraudulent transactions, including the use of unauthorized bank account or other billing information as payment for products and services. DÎNER EN BLANC will prosecute the fraudulent use of billing information to the fullest extent of the law. In the event of a claim of unauthorized billing or fraud, you agree to assist DÎNER EN BLANC in the timely and complete resolution of the claim, including where applicable the provision of other or additional billing information on your account.
THIS SITE, THE SERVICES, AND ANY SOFTWARE, PRODUCTS, AND OTHER SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. DÎNER EN BLANC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, THE SERVICES, OR SUCH SOFTWARE, PRODUCTS AND OTHER SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, THE SERVICES OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR OTHER SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, DÎNER EN BLANC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DÎNER EN BLANC, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE, THE SERVICES, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT DÎNER EN BLANC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
DÎNER EN BLANC MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED. DÎNER EN BLANC AND/OR ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR (1) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (2) FAILURE OF ANY EMAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, DÎNER EN BLANC SITES, OR ANY COMBINATION THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DÎNER EN BLANC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR COMPUTER AND/OR ANY OTHER COMPUTERS OR COMPUTER EQUIPMENT AS THE RESULT OF DOWNLOADING ANY MATERIALS RELATING TO THIS SITE.
You agree to indemnify and hold harmless DÎNER EN BLANC and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms; (b) your participation in any events or activities and (b) your participation in or use of the Services including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use the Services.
Any dispute, controversy or claim arising out of, or related to, these Terms, including its existence, breach, termination or legal validity, shall be resolved by the parties in accordance with these provisions.
Negotiation: The parties shall first seek to resolve the dispute by way of negotiation in good faith by persons with decision-making authority regarding the dispute and, if unable to reach agreement within  business days, the parties shall jointly initiate a mediation.
Mediation: If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to mediation, by way of a single mediator jointly selected by the parties, under the auspices of the American Arbitration Association (the “AAA”) and shall participate in the procedures provided by AAA. The settlement of the parties, in writing and duly signed by all parties, is final and binding on the parties, with no rights of appeal, and shall be enforceable by the parties in accordance with contract law and any applicable legislation or treaties governing the enforceability of settlements reached through mediation. If the parties are unable to reach a settlement, the mediation is without prejudice to either party's right to demand binding arbitration.
Binding Arbitration: If the parties are unable to resolve the dispute through negotiation and mediation, the dispute shall be resolved by binding arbitration according to the Commercial Rules of Arbitration of the AAA. Any arbitration shall occur in Montreal, Quebec, and the laws of Quebec and the laws of Canada applicable in Quebec shall apply to all issues. Arbitration shall be to a single arbitrator mutually selected by the parties, or where the parties are unable to agree, by the AA according to its rules and procedures. The arbitrator shall have binding authority to determine all issues arising out of this Agreement and to enter any legal, equitable or restitutionary remedy, including injunction and/or restitution. Fees and costs of arbitration shall be initially born by the parties equally.
YOU UNDERSTAND THAT NEITHER OF US SHALL BE ENTITLED TO A JURY TRIAL. YOU WILL NOT BE PERMITTED TO RESOLVE ANY CLAIM OR DISPUTE IN A COURT OF LAW OR EQUITY
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
ACTIVITY ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS; WAIVER AND RELEASE
This document is a contract with significant legal consequences. I have been advised that it will affect my legal rights and will significantly constrain my ability to bring legal action against any of the Released Parties. I have been advised to read it carefully before agreeing to the following.
As a condition to my participating in the Diner en Blanc event (the “Event”) hosted by the local host (the “Host”) I, hereby willingly and voluntarily agree to and make the following representations and agreements:
Assumption of Risks; Waiver and Release. In consideration of being permitted to participate in the Event, on my own behalf and on behalf of my heirs (whether testamentary or by intestacy), executors, administrators, legal representatives, assignees and successors in interest, I hereby assume full responsibility for my participation in the Event and, to the fully extent permissible under the law, waive, release, discharge, hold harmless, and covenant to indemnify and not to sue the Host, Diner en Blanc International Inc. and its affiliates, and its and their respective directors, members, owners, managers, employees, agents, contractors, insurers and equipment suppliers, and any persons or entities whose property and/or personnel are used in connection with the Event (each of such persons and entities, a “Released Party”, and collectively, the “Released Parties”), from any and all rights and claims which I have, known or unknown, or which may hereafter accrue to me resulting from or in connection with my participation in the Event.
Acknowledgement of Understanding. I have read this Agreement in its entirety and fully understand, and agree to be bound by, all of its terms.