The LionsGate Trolley Company, Ltd. dba The Great Canadian Trolley Company

General Disclaimer and Liability Limitation

(effective date June 27, 2024)

Welcome to The LionsGate Trolley Company, Ltd., doing business as the Great Canadian Trolley Company and its affiliates and subsidiaries (together, the “Company”, “we” or “our”). This document sets forth the general disclaimer and liability limitation governing the experience of our customers and website users (“you”) when utilizing our:

  • website at https://greatcanadiantrolley.com/ (our “Website”), including any email, text and other electronic messages between you and this Website or its representatives;
  • systems and apps;
  • service offering materials;
  • tourism services; and
  • other services we may provide to you from time to time.

(collectively referred to as the “Services”)

The Company and its directors, officers, employees, instructors, affiliates, guides, agents, representatives, contractors, subcontractors, interns, suppliers, hosts, service providers, volunteers, sponsors, successors, assigns, and licensors are collectively referred to herein as either the “Indemnified Parties” and the “Released Parties” where relevant.

By utilizing the Services and accessing our platforms, you acknowledge that you have reviewed, comprehended, and consented to abide by the terms outlined in this General Disclaimer and Liability Limitation, along with our Privacy Policy and Terms and Conditions. If you are acting on behalf of other participants, you affirm that you possess the authority to accept these terms on their behalf. Please read these terms carefully before using our Services.

1. General Disclaimer

Assumption of Risk:

Your use of Services is at your own risk and is provided on an “as is, where is” basis. We explicitly disclaim all warranties and absolve ourselves of all liability and accountability for any reliance placed on our Services. We shall not be held liable for any actions or decisions made based on these Services, whether by you or any other party. The Company does not accept responsibility for any loss, damage, or inconvenience to personal property incurred while using the Services.

As a passenger, you are fully aware of and assume full risks for:

  • embarking on a trolley journey and using any of the Services that come with inherent risks and hazards, spanning activities like boarding, riding, and disembarking, along with potential mechanical glitches in the vehicles;
  • unpredictable weather conditions, variations in road surfaces leading to blind spots, and changes in surface conditions which add to the complexity of providing you the Services;
  • any collisions with natural objects, vehicles, animals, or structures, as well as incidents like loss of balance, slips, trips, and falls that pose potential threats; and
  • any other risks that may exist or persist prior to, throughout and beyond your time as a passenger on Company Trolleys as it relates to us providing you with the Services.

Disease Disclaimer:

You acknowledge and assume full responsibility for any risk of contracting infectious diseases caused by viruses, bacteria, parasites, and fungi, whether transmitted through direct or indirect contact. During a pandemic, the Company complies with the laws of the Province of British Columbia and Canada in providing the Services.

Negligent Rescue:

You are fully aware of and assume full risks for the possibility of negligent rescue or first aid, failure to act within one’s abilities, and the negligence of fellow passengers or individuals further contributing to the multifaceted challenges of providing the Services.

Website Use and Security Risks:

You acknowledge that the utilization of the Website may include links to third-party websites, and such usage is undertaken at your own risk. The Company hereby disclaims responsibility for the content or practices of these third-party websites. Additionally, you acknowledge that using the Services entails potential security risks, and the Company assumes no liability for damages resulting from viruses. While the Company endeavours to maintain accuracy on its website and systems, it cannot guarantee the absolute precision of the information provided, and the Company is not liable for any inaccuracies. The Company does not accept responsibility for any loss, damage, or inconvenience to personal property incurred while using the Website. The Indemnified Party reserves the right to monitor Website and system usage, and it retains the discretion to restrict or terminate your access to the Website and systems if deemed necessary due to inappropriate use.

Website Interruptions:

The Company does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. We may remove the Website for indefinite periods of time or take it down entirely, all without notice to you.

2. Liability Limitation

General Limitation:

You hereby waive all present and future claims against the Released Parties and release them from any liability for loss, damage, expense, or injury, including death, arising from your use of the Services, including riding Company trolleys or presence at any destination. In no event shall the Released Parties be liable for any negligence, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, revenue, savings, data, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of our Services.

No Reliance:

The Company disclaims all liability and responsibility arising from any reliance placed on any materials by you or any other visitor to the Website, user of the Services, or by anyone who may be informed of any of the Website contents or Services provided, and will not be liable to you or anyone else for any action or decision taken in reliance upon that information.

These liability limitations hold to the greatest extent allowed by law, even if advised of the possibility of such damages. The liability of the Released Parties is restricted to a maximum refund of the retail ticket price for the relevant Services provided.

3. Indemnification

You agree to indemnify, defend, and hold harmless the Indemnified Parties to the greatest extent allowed by law, from and against any and all present and future claims, damages, obligations, losses, liabilities, judgments, awards, costs, or debt, and expenses (including but not limited to reasonable legal fees), resulting from or arising out of:

  • your use of the Services;
  • damage to third-party property or personal injury;
  • breach of our Terms and Conditions or the terms of any documents or websites they incorporate by reference; or
  • your violation of any law or the rights of any third-party.

This General Disclaimer and Liability Limitation is binding upon your heirs, next of kin, executors, administrators, assigns, and any representatives in case of your death or incapacity.

For feedback and questions, please email hello@greatcanadiantrolley.com. Thank you for choosing the Great Canadian Trolley Company!