GENERAL TERMS AND CONDITIONS OF SALE

1. SCOPE AND APPLICATION

1.1 These General Terms and Conditions (“GTC”) govern the sale of products and services (“Service(s)”) offered by Laser Game Evolution® (“LGE”). They are binding upon any person (“Client”) who purchases a Service or makes a reservation for the purpose of using the Services of an LGE game centre (“Centre”), including on the LGE website accessible at www.lasergame-evolution.ca and any related web or mobile application, if applicable (“Website”).

1.2 By purchasing or reserving one or more Services, the Client acknowledges and is deemed for all purposes to have read and accepted these GTC without restriction or reservation.

1.3 The Client acknowledges having received the necessary advice and information to ensure that the offer meets his needs.

1.4 The Client declares that he is in a position to contract legally under the law applicable in Quebec or to validly represent the natural or legal person on whose behalf he is contracting. In the absence of proof to the contrary, the information recorded by LGE at the time of purchase or reservation constitutes full proof of the transaction between the parties.

1.5 LGE reserves the right to unilaterally modify these GTC at any time by publishing a new version on its Website, which will come into force upon its publication. The version of the GTC applicable to any purchase or reservation of Services is the version in force on the date of payment (or first payment in the case of instalments) for the purchase or reservation in question, including the payment of a deposit, if any.

1.6 These GTC contain the entire agreement between the Client and LGE with respect to its subject matter and supersede and cancel any prior agreements or undertakings, written or verbal, between the parties with respect to the subject matter hereof, if any, including any statement by an employee of LGE.

2. RESERVATIONS

2.1 All reservations are subject to availability for one or more games of 20 minutes each in the gaming rooms of the relevant Centre depending on the date and time slot(s) requested.

2.2 LGE reserves the right to allocate its game rooms according to the reservations, at its discretion, and no claim by the Client may relate to the allocation of game rooms made at LGE’s discretion.

2.3 A deposit is required to confirm the reservation of any Service. If the deposit is not paid within 20 minutes of booking, it will be automatically cancelled without notice.

2.4 The Client’s participation will only be reserved following the payment of the deposit by the Client and the receipt of a confirmation by email sent by LGE to the Client.

2.5 Reservations for less than 6 players are only possible on the day before or the same day as the desired Service is provided, subject to the reservation of a private game (see section 8).

3. MODIFICATION / CANCELLATION

3.1 Any request for a change in the number of players or the date and time of the provision of the Services must be communicated to LGE via the Website or by telephone. Any modification will only be effective upon confirmation by LGE. If LGE cannot accommodate the request for modification, for any reason whatsoever, LGE may agree on another date for the provision of the Services, by mutual agreement with the Client, or cancel the service and refund the Client according to the refund terms provided for in these GTC in the event of cancellation.

3.2 LGE reserves the right to refuse, cancel, suspend or interrupt the reservation or provision of a Service at any time and for any legitimate reason, for example for any abnormal, unreasonable or bad faith request or in the event of an accident or inappropriate behaviour during a game.

3.3 The Client may cancel the reservation of a Service for any reason at any time before it takes place.

3.4 In the event of cancellation by the Client for any reason whatsoever, or by LGE following a request for modification by the Client or any other legitimate reason, the refund terms are as follows: 3.4.1 Full refund of the deposit if the cancellation occurs at least 30 calendar days before the scheduled date of the Services.

3.4.2 Refund of 50% of the deposit if the cancellation occurs between 10 and 29 calendar days before the scheduled date of the Services.

3.4.3 No refund of the deposit paid if the cancellation occurs less than 10 calendar days before the scheduled date of the Services.

3.5 In the event of suspension or interruption, by LGE and for a legitimate reason, of the provision of a Service in progress, there will be no refund.

4. SERVICES AND RATES

4.1 Descriptions of the Services and equipment, including any images or illustrations, are displayed on the Website for information purposes only and are not legally binding.

4.2 Rates for the Services are displayed in Canadian dollars and exclude applicable taxes. The price of the Services is the one in force on the day of they are reserved or purchased.

4.3 The total amount payable by the Client is indicated on the reservation confirmation page. The price of the selected Services and all applicable taxes must be paid in full before the commencement of the provision of the Services.

4.4 The basic rates include the loan of a game vest and play gun for the laser game as well as access to a game room for a period of 20 minutes.

4.5 Any request for a Service not included in the initial reservation, including the request for additional 20-minute games, will result in additional billing at the rate in effect at the time of the request.

4.6 LGE reserves the right to change its rates at any time, provided that in the event of a difference between the rate applicable at the time of reservation and at the time the Service is provided, the Services expressly reserved will be invoiced on the basis of the rates in force at the time of the reservation.

5. CONFIRMATIONS

5.1 The Client will receive by email a confirmation of receipt of the Client’s order and a confirmation of the payment thereof. The details of the selected Services are communicated by email to the Client when the order is placed and recorded in the LGE system.

5.2 The communication of these confirmations does not affect LGE’s rights of refusal or cancellation provided for in these GTC.

5.3 The laser games and other activities taking place at the Centre involve a certain level of physical exercise and it is the responsibility of each Client to ensure that they have the necessary physical fitness to participate. Consequently, LGE cannot be held liable for any damage, including accidents, injuries or death, that could be related to a condition such as respiratory failure, heart failure, wearing a pace maker, asthma, epilepsy, being pregnant, or any other contraindication to participating in a sporting activity.

5.4 Certain areas in the playrooms may have a maximum height that require some players to crouch down in order to pass through. The Client understands this and undertakes to remain alert for such areas, to be careful to avoid head injury and go through such areas based solely on his own judgment as to his physical ability to do so.

6. DISCOUNTS

6.1 Any Client wishing to claim any discount, coupon or promotional offer (“Discount”) must mention it and present the supporting documents at the time of payment.

6.2 No Discount will be applied retroactively once the payment has been made.

7. PAYMENTS

7.1 The following payment methods are accepted for individuals, businesses and associations: cash, credit card, debit card.

7.2 Cheques, bank transfers and deferred payments are only accepted for Clients who are legal entities. Deferred payments must be made within 30 days of the date the Service is provided, otherwise a penalty of $50 per day of delay will apply until the day of full payment of all amounts due, including any amount accumulated as a penalty.

8. NUMBER OF PLAYERS AND PRIVATE GAMES

8.1 In the event of a reservation for less than 6 players, the Client and the other players for whom he/she makes the reservation may be mixed with other groups of less than 6 players at the sole discretion of LGE, without any guarantee of age similarity or other. However, if the Client requests and pays for a private game, the Client and the other players for whom he/she makes the reservation will not be mixed with players who are not part of the group of players for whom the Client made the reservation.

8.2 The minimum price for a private game is the rate in force for 6 players. In the event of a private game reservation for less than 6 players, the price for the game will not be reduced. For more than 6 players, the price for each additional player will be added in accordance with the rates in force.

9. LOCKERS

9.1 Lockers are at the disposal of the Client if he/she wishes to deposit his personal belongings during his/her time on site.

9.2 A lock may be lent if the Client so wishes. In exchange, the Client will be asked for a personal item (e. g. car key) so that he/she can think of returning the lock at the end of the session.

9.3 LGE shall in no event be held liable for the theft, loss, forgetting or disappearance for any reason whatsoever of objects, clothing or accessories of the Clients or any damage to them, except in the event of gross or intentional misconduct.

10. DRESS CODE

10.1 The Client and any person accompanying him/her must present themselves at the Centre in clean, non-provoking and appropriate clothing for indoor physical activity. Wearing a sweater or camisole under the game vest is mandatory.

11. GAME DURATION

11.1 The duration of a game is 20 minutes, excluding instructions before the game, dressing, undressing and the presentation of scores.

11.2 It is imperative to arrive 20 minutes before the start of the game so that the registration of the group as well as the preparations and instructions for the game can be done in time. Any delay in the arrival of the group is likely to shorten the duration of the game, and any late Client may lose his/her place and be denied the right to participate in the game, without refund or guarantee as to the possibility of playing in a subsequent game.

12. GAME EQUIPMENT

12.1 All equipment lent to the Client remains the exclusive property of LGE. The Client shall be responsible for the disappearance or deterioration of any equipment, including game vests and play guns, beyond normal wear and tear.

12.2 In particular, the Client undertakes to pay LGE, directly on site before leaving the Centre, the costs indicated in the appendix to these terms and conditions for the purpose of replacing any equipment damaged (except minor or superficial damage) or lost by the Client’s fault.

13. PRIVATE EVENTS – REUNION LIQUOR PERMIT

13.1 It is possible to book an entire Centre for a get-together (“Private Event”).

13.2 A reunion liquor permit may be sought by the Client for a Private Event, but it is the responsibility of the Client to take the steps necessary to obtain it and to pay for it. Any consumption of alcohol inside the Centre or the surrounding premises is prohibited in the absence of such a permit.

13.3 Notwithstanding the foregoing, it is prohibited at any time to participate in a laser game in a Centre under the influence of alcohol or any other substance that may affect judgment or behaviour, including cannabis.

13.4 During a Private Event, the Client and each person participating in it are fully responsible for their own behaviour, including any consumption of alcohol. Beyond providing access to the areas of the Centre that are available for holding a Private Event, LGE declines, to the fullest extent permitted by law, any responsibility or liability in connection with the Private Event, including any monitoring or supervision responsibility, which shall remain at all times the sole responsibility of the Client and any other organizer of the Private Event, if any.

13.5 In the event of a claim by a third party in connection with a Private Event, the Client and any organizer of the Private Event on whose behalf the Client acted, if any, shall hold LGE harmless from any civil liability for any damage whatsoever suffered by any person participating in a Private Event, except in the event of gross negligence or wilful misconduct attributable to LGE.

14. SECURITY

14.1 Each participant is responsible for adopting a safe and secure conduct on the Centre’s premises. LGE reserves the right to expel any Client who contravenes these terms and conditions, or who violates the equipment or the safety and play rules presented to the Client before the game, in particular, and without limitation, the prohibition to have physical contact, crawl on the ground, run, jump or play on stairs, climb the walls of the labyrinth or remove the game vest during the game.

14.2 In addition, LGE reserves the right to expel, at the sole discretion of LGE employees, any Client who presents himself/herself at the Centre intoxicated or under the influence of any substance likely to affect his judgment or behaviour, including cannabis, or who engages in aggressive, violent or disruptive behaviour or which may affect the general experience of other customers.

14.3 In the event of such an expulsion, it is agreed that the Client shall not be entitled to any refund or financial compensation.

14.4 The reception, game rooms and other areas available to the public may be equipped with surveillance cameras in order to protect staff and customers.

15. LIMITATION OF LIABILITY AND ASSUMPTION OF RISKS

15.1 LGE shall not be liable for any injury suffered as a result of carelessness or recklessness, accidental injury or breach of the safety and play rules presented to the Client prior to the game or of any provision of these terms and conditions, or as a result of improper use of the equipment.

15.2 LGE is in no way responsible for any parental control or supervision; this responsibility remains at all times the sole responsibility of the holder of parental authority or the responsible adult in the presence of minors, as the case may be.

15.3 The laser games and other activities taking place at the Centre involve a certain level of physical exercise and it is the responsibility of each Client to ensure that they have the necessary physical fitness to participate. Consequently, LGE cannot be held liable for any damage, including accidents, injuries or death, that could be related to a condition such as respiratory failure, heart failure, wearing a pace maker, asthma, epilepsy, being pregnant, or any other contraindication to participating in a sporting activity.

15.4 By his signature, the Customer confirms that he is not, to his knowledge, the carrier of a contagious disease which could be transmitted to other customers and to staff in the center.

16. COMPLAINTS

16.1 Clients may submit a complaint by contacting us using the following contact details: Laser Game Evolution Canada, 100-155 rue Fortin, Ville de Québec (Québec) G1M 3M2, Canada.

17. INTELLECTUAL PROPERTY RIGHTS

17.1 Trademarks, domain names, products, software, images, videos, texts and more generally any element covered by intellectual property rights belonging to LGE (“IP”) are and shall remain the exclusive property of LGE. No assignment of IP rights is intended or made by these GTC. Any total or partial reproduction, modification or use of the IP for any purpose whatsoever is strictly prohibited.

18. FORCE MAJEURE

18.1 The performance of LGE’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. LGE will notify the Client of the occurrence of such an event whenever possible.

19. PROTECTION OF PERSONAL INFORMATION

19.1 Clients’ personal information collected by LGE will be treated in accordance with the Act respecting the protection of personal information in the private sector.

19.2 Clients have a right of access and rectification of the personal information concerning them held by LGE. Any Client may exercise this right in accordance with the Act respecting the protection of personal information in the private sector.

19.3 To ensure the proper execution of the Services reserved and purchased, the Client undertakes to provide his/her true identification details.

20. SEVERABILITY  

20.1 If any provision of these GTC is declared illegal, void or unenforceable by a competent authority, then that provision may be severed from the rest of the GTC and shall not affect the validity and enforceability of the remaining provisions.

21. APPLICABLE LAW AND JURISDICTION

21.1 These GTC are governed by and shall be interpreted in accordance with the law applicable in the Province of Quebec. Any dispute relating to these GTC must be exclusively submitted to the competent court in the judicial district of Quebec, province of Quebec.

22. EQUIPMENT REPLACEMENT COSTS

• Replacement of play gun 700$
• Replacement of play gun’s screen 100$
• Replacement of play gun’s cable 50$
• Replacement of play gun’s protective pieces 100$
• Replacement of game vest’s protective pieces 500$
• Replacement of in-game trap 700$
• Replacement of full game vest 1 500$
• Replacement of game vest support 120$
• Replacement of a full VR helmet HTC Vive Pro 1800$
• Replacement of a VR controller HTC Vive 270$
• Replacement of a cushion set 80$
• Replacement of a headband 140$