The Big Social Terms and Conditions
Community Food Centres Canada The Big Social Terms & Conditions These terms and conditions (“Terms and Conditions”) apply to persons who volunteer to host a meal (each, a “Host”) for the fundraising event titled “The Big Social” on behalf of Community Food Centres Canada, a registered charity #83391 4484 RR001, located at 80 Ward St., Suite 100, Toronto, Ontario, M6H 4A6 (“CFCC”). By reading these Terms and Conditions and accepting them, you (the Host) agree to be legally bound by these Terms and Conditions. These Terms and Conditions are a contract between you (the Host) and CFCC.
IN CONSIDERATION OF the mutual covenants and agreements contained in these Terms and Conditions and for other good and valuable consideration (the receipt and adequacy of which are hereby acknowledged by the Host and CFCC), the Host and CFCC agree as follows:
1. The Host shall organize one meal (the “Meal”) on a date between October 9 – 25, 2020 (inclusive). The Meal shall take place at a location of the Host’s choosing, acting reasonably (i.e. the Host’s house, the Host’s workplace, a restaurant or a neighbourhood park). The Meal shall not take place at a location that would put anyone attending at a risk of significant injury.
2. In order to host the Meal, the Host shall register online at the online website portal located at www.bigsocial.ca and shall review and accept these Terms and Conditions upon registration. CFCC may, in its sole discretion, deny a Host’s application to host a Meal and may revoke an accepted application at any time and for any reason whatsoever.
3. The Host shall invite persons to attend the Meal (the “Guests”).
4. The Host shall encourage the Guests that are invited by the Host to make a charitable contribution to CFCC via the online website portal located at www.bigsocial.ca. The Host shall inform the Guests that the Guests may also choose to make a charitable contribution to CFCC in person at the Meal in cash or by a cheque made out to “Community Food Centres Canada”. The Host shall clearly identify to the Guests that all donations will be paid to CFCC.
5. The Host acknowledges and accepts, and shall inform the Guests, that once money is donated to CFCC either online or at the Meal, that money is non-refundable to the donor.
6. The Host covenants and agrees to ensure that any donations from the Guests or from the Host collected at the Meal are delivered to CFCC within sixty (60) days of the Meal. Donations received at the Meal shall be delivered to CFCC, with the information set out in paragraph 7 of these Terms and Conditions for each donation, in person during regular business hours or mailed to 80 Ward St., Suite 100, Toronto, Ontario, M6H 4A6, Attention: The Big Social.
7. The Host shall collect the following information of the Guests who donate in person at the Meal and shall, with the Guest’s consent, forward such information along to CFCC in order for CFCC to issue charitable donation receipts:
8. The Host agrees to keep personal information collected from the Guests confidential and agrees only to disclose such personal information to CFCC in connection with providing the Acknowledgement, Assignment, Consent and Release, as more particularly described in paragraph 17 of these Terms and Conditions, to CFCC, and only if the Guest signs and completes the Acknowledgement, Assignment, Consent and Release.
9. In the event that a Meal is organized by the Host and is cancelled for any reason, the Host shall inform Guests of such cancellation. Upon such a cancellation, any donations made to CFCC by the Host or any Guest shall be governed in accordance with paragraphs 5 and 6 of these Terms and Conditions.
10. The Host shall bear any and all costs related to the Meal, including but not limited to the cost of purchasing food and beverages, preparing the Meal, and any Meal location rental, if applicable. For greater certainty, CFCC shall not be responsible for reimbursement of any of the Host’s costs and expenses related to the Meal.
11. The Host shall obtain all necessary permits and licences to host the Meal as required under any applicable federal, provincial and municipal laws, regulations and by-laws. The Host shall conduct the Meal in a safe and responsible manner and in compliance in all respects with all applicable federal, provincial and municipal laws, regulations and by-laws. CFCC expressly discourages alcohol or cannabis consumption at the Meal and the Host acknowledges and accepts all risk arising from the consumption of alcohol and/or cannabis at the Meal.
12. The Host shall obtain all appropriate insurance coverage to host the Meal. CFCC makes no representation or warranty in respect of what appropriate insurance coverage is necessary.
13. The Host acknowledges and agrees that CFCC reserves the right at its sole discretion to suspend the Meal for the period of time that a condition of Force Majeure exists. “Force Majeure” means an act of God, strike, lock-out, act of public enemy, war, blockade, pandemic (including the COVID-19 pandemic), and civil disturbance such as to make hosting of the Meal impossible or impracticable.
14. The Host acknowledges and understands that there are inherent risks, dangers, and hazards (“Risks”) associated with hosting the Meal. The Host further acknowledges and understands that all of the potential Risks cannot be listed in these Terms and Conditions. The Host is aware that the Risks include, but are not limited to, the potential for serious personal injury, death, property damage, or illness (e.g., communicable diseases such as SARS, avian flu (H5N1), MRSA, influenza, and COVID-19) of the Host and each of the Guests. The Host understands that the Risks also include, but are not limited to: any injury, illness, or symptom related to the spread of the novel coronavirus, SARS – CoV-2, which may result in the contraction of COVID-19, which in turn may involve temporary or permanent health defects impairing an individual’s well-being.
15. THE HOST FREELY ACCEPTS AND FULLY ASSUMES ALL RESPONSIBILITIES for all Risks and possibilities of personal injury, death, property damage, illness or other loss resulting from hosting the Meal and each of the Guests. The Host accepts these Risks and agrees to these Terms and Conditions, even if CFCC and/or any of its affiliates, successors and assigns, and/or any of their respective members, directors, officers, employees and agents (collectively, the “Indemnitees”) are found to be negligent or in breach of any duty of care or any obligation to the Host or any of the Guests in respect of the participation in the Meal by the Host or any of the Guests. The Host hereby waives all claims that the Host has or may have now or in the future against the Indemnitees and agrees not to commence or participate in any type of claim or lawsuit against any of the Indemnitees, including class or representative action, and the Host expressly agrees to waive any and all legal rights entitling it to participate in any such class or representative action.
16. The Host shall indemnify, defend and hold harmless each of the Indemnitees from and against all losses, damages, liabilities, costs, expenses, fines, penalties, assessments or charges of every nature and kind whatsoever which any of the Indemnitees incur, suffer or are put to arising out of or in connection with the Meal.
17. Each Host shall ensure that either at the Meal or beforehand via the online portal located at www.bigsocial.ca each Guest (or a parent/guardian of a Guest if the participant is under 18 years of age) signs an Acknowledgement, Assignment, Consent and Release regarding, among other things, photographs, videos, voice recordings and disclosure of information to CFCC, in a form provided by CFCC and signs a Waiver of Claims, Release of Liability, Assumption of Risks, and Indemnity Agreement. The Host shall ensure that the Acknowledgement, Assignment, Consent and Release and the Waiver of Claims, Release of Liability, Assumption of Risks, and Indemnity Agreement signed and completed by each Guest at the Meal shall be delivered in person, mail to 80 Ward St., Suite 100, Toronto, Ontario, M6H 4A6, Attention: The Big Social, or scanned copies via email to trisha [at] cfccanada [dot] ca.
18. CFCC encourages the Host to take photographs or videos (“Content”) at the Meal and any related event and to submit such photographs or videos to CFCC for publication be emailing the Content to lara [at] cfccanada [dot] ca. As between CFCC and the Host, the Host owns all copyright and related rights in any Content they take or make of or at the Meal and any related event. The Host hereby grants CFCC and its delegates the right to use the Content for CFCC’s purposes (the “CFCC Licence”). Pursuant to the CFCC Licence, CFCC shall, in its sole discretion, use any Content taken at the Meal and any related event for the purposes of promoting The Big Social or CFCC. In the context of the CFCC Licence, “use” means that CFCC may reproduce, display, copy, publish, translate, reproduce, perform, broadcast, transmit, share, distribute, edit, modify, create derivative works of, dispose of, and publicly communicate the Content for CFCC’s purposes, in any medium or format. This CFCC Licence is non-exclusive, royalty-free, perpetual and worldwide. The Host hereby agrees that CFCC’s use of the Content is not and shall not be subject to any rights of integrity in the Content. The Host hereby waives any right they may have to inspect or approve the Content, or modifications made to the Content by CFCC, and further agrees that CFCC is not required to attribute its use of the Content to the Host. CFCC may transfer, assign or sub-license the rights granted to it under this CFCC Licence. The Host confirms that CFCC’s use of the Content does not violate or infringe any person’s rights. CFCC is not responsible for any unauthorized uses of the Content made by third parties. The Host hereby forever releases CFCC from all claims, demands and causes of action relating to the Content.
19. Tax receipts will be issued at the sole discretion of CFCC and in compliance with the Canada Revenue Agency guidelines which do not allow tax receipts in every circumstance. When forwarding a list of Guests who donated to CFCC along with the information set out in paragraph 7 for tax receipting purposes, those Guests shall be made aware of the fact that Hosts are forwarding this information to CFCC and must be given the option of not having their information forwarded and opting out, in which case the Host shall inform the Guest that it will not receive a tax receipt.
20. CFCC hereby grants the Host a royalty-free, non-exclusive, non-transferable, non-assignable licence to use certain CFCC brands and trademarks as determined by CFCC in its sole discretion (“Licensed Marks”) for the limited purposes of promoting and hosting the Meal and soliciting donations from Guests and potential Guests (the “Host Licence”). CFCC wholly owns the Licenced Marks, and the Host agrees that any use of the Licenced Marks shall be in strict compliance with all CFCC’s requirements, guidelines and standards pertaining to the Licenced Marks. The Host shall comply with all guidelines, requirements and standards set forth or revised by CFCC from time to time, with respect to the Licenced Marks. CFCC shall have direct control over the character and quality of the goods and services provided and used in association with the Licenced Marks by the Host. CFCC is and shall remain the owner of all CFCC trademarks and trade names (including of the Licensed Marks) irrespective of the manner or nature of their use in any materials by the Host. The Host shall not challenge, attack, expunge, oppose, cancel, or do any other act or thing to negatively affect the validity or enforceability of the Licensed Marks and CFCC’s rights therein.
21. Use of the Licensed Marks shall be accompanied by the following public notice statement in a minimum size 10 and clearly legible font (i) at the bottom of, or on the copyright and back pages of, each copy of the respective materials, and (ii) on each webpage, social media link, image, video or image displaying the Licensed Marks:
“COMMUNITY FOOD CENTRE and the Circle Utensil Design are trademarks of Community Food Centres Canada and are used under license”.
22. CFCC reserves the right to cancel the Host Licence at any time. If CFCC revokes its grant of the Host Licence, the Host must immediately cease all use of any of the CFCC brands and trademarks. For certainty, this includes any and all uses of the Licensed Marks in marketing, branding, social media and informational materials of the Host.
23. CFCC may assist in the promotion of The Big Social through various advertising mediums and in its sole discretion, which may include promotion on the CFCC website, Facebook and/or Twitter.
24. CFCC may provide, if requested, if available and at CFCC’s sole discretion: signage, posters, donation envelopes, promotional brochures or a script to help describe the charitable work that CFCC conducts and to encourage Guests and potential Guests to donate to CFCC.
25. CFCC, in its sole discretion, may, with notice to the Host via email, impose additional terms and conditions in relation to The Big Social and the Meal.
26. These Terms and Conditions shall, for all purposes, be construed in accordance with the laws in force in the Province of Ontario and the laws of Canada applicable in Ontario, to the complete exclusion of conflict of laws rules. In the event that there are any disputes regarding these Terms and Conditions or the Meal, the Host submits to the jurisdiction of, and venue in, the courts of the Province of Ontario and the Host and CFCC irrevocably attorn to the jurisdiction of the said courts of the Province of Ontario.
27. The Host acknowledges that he/she has had a full and complete opportunity to obtain independent legal advice and has either done so or have declined to do so. If the Host has declined to obtain independent legal advice prior to the acceptance of these Terms and Conditions, the Host covenants and agrees not to raise as a defence to any action to enforce these Terms and Conditions or seek remedy pursuant to these Terms and Conditions, such lack of independent legal advice.