TERMS AND CONDITIONS

Please read the following terms, conditions, and limitations (“Terms”) carefully. Your (and if you are acting for, on behalf, or for the benefit of others, their) relationship with Picnix, and Picnix’s and yours’ employees, owners, proprietors, agents, successors, assignees, heirs, executors, and administrators, is governed by them. If you do not fully agree or do not understand the Terms fully, then do not click to agree to the terms of service listed in this document and do not proceed with the rental and catering services.

PICNIX DOES NOT OWN, MANAGE, OR OPERATE ANY PICNIC OR RECREATION SITES OF ANY KIND, AND IS NOT RESPONSIBLE FOR ACCESS TO, AUTHORIZATION TO USE, QUALITY OF, ACCESSIBILITY OF, AVAILABILITY OF, SAFETY AND SECURITY OF, OR ANY OTHER MATTER IN RELATION TO ANY PROPERTY OR PLACE. IT IS YOUR SOLE RESPONSIBILITY TO CHOOSE A SUITABLE PLACE, AND IT IS YOUR RESPONSIBILITY TO MAKE SURE YOU OBEY ALL LAWS AND RULES APPLICABLE TO YOUR USE, INCLUDING ENSURING YOUR AND YOUR COMPANIONS’ SAFETY AND SECURITY. AS A CONDITION OF THE RENTAL, YOU WARRANT THAT YOUR USE OF OUR EQUIPMENT, MATERIALS, AND SUPPLIES WILL BE USED ONLY FOR PURPOSES THAT ARE LAWFUL. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR CHOICES, ACTIONS, OMISSIONS, FAILURES, AND INACTIONS, WHETHER INTENTIONAL, ACCIDENTAL, OR NEGLIGENT.YOU AGREE THAT YOU WILL WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR MAY DEVELOP FOR ANY REASON WHATEVER, INCLUDING BY REASON OF NEGLIGENCE OR INTENTIONAL ACTION BY PICNIX. THIS WAIVER INCLUDES A WAIVER OF ANY RIGHT OF ACTION, SUIT, COMPLAINT, REPORTING, COMPENSATION, DAMAGES, OR RECOVERY, WHETHER IN LAW OR EQUITY. THIS WAIVER FURTHER INCLUDES A WAIVER OF ANY RIGHT OR OPTION ARISING OUT OF THE DEATH, INJURY, OR ILLNESS OF YOURSELF OR ANY PERSON YOU SHARE PICNIX’S PRODUCTS AND SERVICES WITH OR MAKE, INTENTIONALLY OR UNINTENTIONALLY, AVAILABLE TO. PICNIX’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU IN AN “AS-IS” CONDITION AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHATEVER, WHETHER EXPRESS, STATUTORY, IMPLIED, INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR DESCRIPTION. YOUR USE OF PICNIX’S PRODUCTS AND SERVICES IS AT YOU OWN RISK. PICNIX DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT, WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF, OR RELATED TO, YOUR USE OF PICNIX’S PRODUCTS AND SERVICES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD PICNIX, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OPERATORS, AGENTS, LICENSORS, SUPPLIERS, ASSIGNEES, HEIRS, EXECUTORS, AND ADMINISTRATORS (FOR PURPOSES OF THIS ENTIRE AGREEMENT, “PICNIX”) HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, LIABILITIES AND SETTLEMENTS, INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) REASONABLE LEGAL AND ACCOUNTING FEES (ON A FULL-INDEMNITY BASIS) RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS, CONDITIONS, AND LIABILITIES, OR VIOLATION OF ANY LAW OR RULE APPLICABLE TO YOU OR YOUR CIRCUMSTANCES. YOU MAY HAVE OTHER AGREEMENTS WITH PICNIX. THOSE AGREEMENTS ARE SEPARATE AN IN ADDITION TO THESE TERMS, CONDITIONS, AND LIMITATIONS. THESE TERMS, CONDITIONS, AND LIMITATIONS DO NOT MODIFY, REVISE, OR AMEND THE TERMS IN ANY OTHER AGREEMENTS YOU MAY HAVE. YOU AGREE AND WARRANT THAT YOU WILL KEEP ALL EQUIPMENT AND MATERIALS YOU RENT FROM PICNIX IS GOOD, CLEAN, AND USEABLE CONDITION, AND THAT YOU DISPOSE OF ANY GARBAGE IN APPROPRIATE WAYS. YOU ALSO AGREE THAT IF YOU FAIL TO DO SO, PICNIX MAY AT ITS SOLE AND ABSOLUTE DISCRETION CORRECT, REPLACE, OR REPAIR YOUR FAILURE AND CHARGE YOU FOR THIS, PLUS A CHARGE FOR REASONABLE ADMINISTRATIVE AND OTHER COSTS OF PICNIX. YOU AUTHORIZE THIS CHARGE TO BE MADE ONTO YOUR CREDIT CARD WITHOUT NEED FOR APPROVAL FROM OR SIGNATURE BY YOU.YOUR EXCLUSIVE AND ONLY REMEDY AGAINST PICNIX IS TO DISCONTINUE THE USE OF PICNIX’S PRODUCTS AND SERVICES. ALL TERMS, CONDITIONS, AND LIMITATIONS IN THIS AGREEMENT SHALL BE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL BE READ BY A COURT OR ADJUDICATOR TO CONFORM WITH THE LAW.YOU MAY NOT ASSIGN THIS AGREEMENT OR YOUR OBLIGATIONS AND RESPONSIBILITIES, IN WHOLE OR PART, TO ANY OTHER PARTY. PICNIX’S FAILURE TO STRICTLY ENFORCE STRICT COMPLIANCE WITH ANY OF THESE PROVISIONS SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OF THOSE PROVISIONS. ANY WAIVER OF ANY PROVISION SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OF ANY OTHER PROVISION OR A WAIVER APPLICABLE TO ANY OCCURRENCE OTHER THAN THE ONE TO WHICH THE WAIVER EXPRESSLY APPLIES. ANY PROVISION IN THIS AGREEMENT IS SEVERABLE, AND THE SEVERANCE OF ONE OR MORE TERMS SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF THE OTHER PROVISIONS. IF ANY PROVISIONS IN THIS AGREEMENT ARE DEEMED TO BE VOID OR VOIDABLE BY A COURT OR ADJUDICATOR, THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT. ANY DISPUTES ARISING UNDER, BECAUSE, OR RELATED TO THIS AGREEMENT ARE TO BE GOVERNED BY THE COURTS OF BRITISH COLUMBIA, CANADA, WITHOUT REFERENCE OR GIVING EFFECT TO ANY CONFLICT OF LAW OR CHOICE OF LAW PRINCIPLES, AND SHALL BE SOLELY BROUGHT BEFORE THE COURTS OF BRITISH COLUMBIA, CANADA.