ACKNOWLEDGEMENT, RELEASE, WAIVER OF LIABILITY AND INDEMNITY

BY SIGNING THIS DOCUMENT, YOU ARE AFFECTING YOUR LEGAL RIGHTS.
PLEASE READ CAREFULLY

This Acknowledgment, Release, Waiver of Liability and Indemnity (“Release”) is entered to by the undersigned named below (the “Undersigned”) with and for the benefit of 2685303 ALBERTA LTD. and its directors, officers, shareholders, agents, representatives, employees, affiliates, licensors and permitted assigns (the “Provider”).

WHEREAS

The Provider provides a variety of informational resources and materials for photography enthusiasts delivered through online courses; and

The Undersigned desires to enroll in the online “Newborn Photography Safety Course” offered by the Provider (the “Course”).

NOW THEREFORE in consideration of the Provider agreeing to provide the Course, the Undersigned hereby freely, voluntarily and without duress executes this Release, and on their own behalf and for their heirs, executors, administrators and assigns, acknowledges, agrees, and covenants that:
The Undersigned is over the age of eighteen (18) years.
The Course and any information, material and other associated content provided therein is for general informational purposes only. The information contained within the Course is not intended to be a medical opinion or substitute for advice from a medical professional and does not replace consultation with qualified licensed professionals. Any reference to or mention of any particular condition is intended for informational purposes only and is not intended to treat, diagnose or provide medical advice. The information within the Course is not exhaustive and does not apply in all situations. The Undersigned should seek professional advice as required when dealing with specific situations.
The purchase and/or completion of the Course does not qualify the Undersigned as a medical professional or other licensed qualified professional in any way.
Use of the course and any content, resources or information provided therein is at the Undersigned’s risk. The Provider provides the Course on an “as-is” basis. To the fullest extent permitted by applicable law, the Provider hereby expressly disclaims any other representation or warranty, express or implied, oral or written, statutory or otherwise, including without limitation, representations or warranties of fitness for a particular purpose, non-infringement or merchantability. Without limiting the foregoing, the Provider makes no warranty that: (a) the Course and materials will meet the Undersigned’s requirements or be fit for their purpose or particular use; (b) that the Course and its content will be accurate, complete, error-free, current or reliable; or (c) the results that may be obtained from the use of the Course or materials will be effective, accurate or reliable. No other representations, statements or inducements concerning the Course, whether written or oral, have been made to the Undersigned by the Provider.
THE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, HOWSOEVER CAUSED, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF THE PROVIDER, ARISING OUT OF OR RELATING IN ANY WAY TO THE COURSE, THE CONTENT, RESOURCES AND INFORMATION CONTAINED WITHIN THE COURSE OR THE USE OR MISUSE THEREOF. THIS LIMITATION APPLIES WHETHER THE ALLEGED CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Undersigned knowingly, absolutely and forever remises, releases, discharges, waives and holds harmless the Provider, its directors, officers, shareholders, agents, assigns, affiliates, licensors, successors, partners, contractors, representatives and employees (collectively, the “Provider Parties” and each a “Provider Party”) from any and all liability, claims, demand for damages, costs, losses, actions and causes of action of any nature or kind whatsoever, that the Undersigned might now have or may acquire in the future, arising out of or related to any loss, damage or injury that may be sustained by the Undersigned, as a result of, in respect of, connected with, or arising out of, under, or pursuant to: (a) the Course, including the content, resources or information contained within the Course; (b) the Undersigned’s reliance on, or use of, the Course and/or any information, content or resources contained within the Course; and (c) any subsequent omission or action taken by the Undersigned as a result of the information and materials provided in the Course, howsoever caused, including without restriction, any claim that the act or omission complained of was caused in whole or in part by the negligence, willful misconduct or carelessness on the part of the Provider Parties or any one of them.
The Undersigned agrees to indemnify and hold harmless the Provider Parties and be liable to the Provider Parties with respect to any and all liabilities, costs (including, without limitation, solicitor and own client legal costs and fees on a full indemnity basis), obligations, losses, penalties, claims, damages, demands, actions and causes of action of any nature or kind whatsoever, direct or indirect, known or unknown, suffered by, imposed upon or asserted against the Provider Parties or any one of them, as a result of, connected with, or arising out of, under, or pursuant to: (a) any and all use or misuse of the Course and/or any information, content or resources contained within the Course by the Undersigned; (b) any subsequent omission or action taken by the Undersigned as a result of the information provided in the Course; (c) any act or omission, including any negligent act or omission, of the Undersigned; (d) the Undersigned’s violation of applicable laws or rights of another person or entity; (e) any violation by the Undersigned of Section 9 contained herein; and (f) the enforcement of this Release, howsoever caused, including without restriction, any claim that the act or omission complained of was caused in whole or in part by the negligence, willful misconduct or carelessness on the part of the Provider Parties or any one of them.
The Undersigned acknowledges that provider is granting the Undersigned a non-exclusive, non-transferable, revokable, royalty free license to usage of the Course for personal use only and that the Course remains the property of the Provider. The Undersigned agrees that the Course, including all components thereof and updates and amendments thereto constitutes confidential information (the “Confidential Information”). The Undersigned covenants and agrees: (a) not to decompile, reverse engineer or disassemble the Confidential Information, or otherwise disclose all or any material of which Confidential Information is comprised; (b) not to modify, adapt, translate, rent, sublicense, assign, transfer, mortgage, pledge, financially encumber, grant a security interest in, permit a lien to be created, lend, resell for profit, distribute, or network any portion of Confidential Information, related materials, or create derivative works based thereon or any part thereof without the prior written consent of the Provider; and (c) not to communicate or divulge or use for its benefit or for the benefit of any other person, the Confidential Information, trade secrets or other proprietary information of any kind or nature whatsoever concerning Confidential Information, the Provider or the Course which may be communicated or learned through the granting of the license as herein contemplated.
The Undersigned shall only use the Course and Course material for the purposes for which it is intended. Although the Course is available online, the Provider makes no representation that the Course or Course materials are appropriate or available for use in locations outside Alberta, Canada. Those who choose to access the Course from other locations do so on their own initiative and are liable and responsible for compliance with local laws.
This Release is binding on the Undersigned, their heirs, executors, administrators, representatives and assigns.
The foregoing release, waiver and indemnity is intended to be as broad and inclusive as is permitted by the law of the Province of Alberta and if any portion thereof is held invalid or unenforceable, the balance shall, notwithstanding, continue in full legal force and effect.
This Release will be deemed to have been made and performed exclusively in the Province of Alberta, Canada, and will be governed by and construed under the laws of the Province of Alberta. The Courts of the Province of Alberta will have exclusive jurisdiction regarding this Release’s interpretation and/or enforcement and all disputes which arise from or are associated with this Release or the Course. The Undersigned agrees not to bring any action, claim, suit or proceeding against the Provider in any jurisdiction other than the Province of Alberta.
THE UNDERSIGNED HAS CAREFULLY READ AND FULLY UNDERSTOOD THE CONTENTS HEREOF. FOR CERTAINTY, THE UNDERSIGNED IS AWARE THAT THEY ARE WAIVING THEIR LEGAL RIGHTS AND THAT THEY HAVE THE RIGHT TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING. THE UNDERSIGNED AGREES AND REPRESENTS THAT THEY SIGN THIS RELEASE FREELY AND VOLUNTARILY, FULLY INTENDING TO BE BOUND BY THE SAME.

THIS RELEASE HAS BEEN EXECUTED DAY OF PURCHASE.