Event Waiver, Release of Liability and Indemnity Agreement
Please read these terms of use carefully before using the Site.
Introduction and Defined Terms
These terms of use explain how you may use this website and the mobile applications and services available in connection with this website, including our websites tctrail.ca and sentier.ca as well as any fundraising platform including give.tctrail.ca (collectively, the “Site”). These terms of use also contain the guidelines for the behaviour of those individuals, groups, organizations and other third parties who engage in third party fundraising on behalf of TCT and TCTF (defined below), which guidelines TCT and TCTF expect such third party fundraisers to adhere to. These terms of use include our Privacy Policy.
You should read these terms of use carefully before using the Site. By accessing, using or downloading any materials from the Site or otherwise indicating your consent, you agree to be bound by these terms of use, including our Privacy Policy, and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately.
In these terms of use, capitalized terms have the meaning set out herein and:
“TCT”, “our”, “us” or “we” mean Trans Canada Trail, a not-for-profit corporation under the laws of Canada;
“TCTF” means the Trans Canada Trail Foundation, a not-for-profit corporation under the laws of Canada.
“you or “your” means the person using or accessing the Site; and
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
The Trans Canada Trail (the “Trail”) is Canada’s nationwide trail system. It is the longest multi-use trail system in the world, reaching every province and territory and connecting all three of Canada’s coastlines, and it is still growing. Each section of the Trail is managed locally. TCT is a registered charity that advocates for, stewards and champions the Trail through collaboration and partnerships with local trail organizations, corporate partners and local governments, providing leadership, guidance, resources, outreach and engagement (the “Mission”).
TCT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice.
The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
Content Submitted to the Site
You grant TCT a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit any information about you or others that you submit or make available to the Site (collectively, “Your Content”) and agree that such information forms part of the Content of the Site, and TCT may use such information for the purposes for which you submitted or made the information available, including to provide and promote the Site, and the features and services available on the Site, and otherwise to advance and support TCT’s Mission.
Conditions of Use
As a condition of use of the Site, you agree to accurately represent yourself, any fundraising efforts, or other information you provide to the Site. You agree not to use the Site for any purpose that is unlawful or prohibited by these terms of use, or any other purpose not reasonably intended by TCT. By way of example, and not as an exhaustive list, you agree that you will not:
- access content and data that is not intended for you;
- impersonate any person or entity, or misrepresent any information you provide to us;
- communicate via the Site or any part of it in an abusive or offensive manner;
- not defame or disparage any person or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- engage in unauthorized scraping, spidering or harvesting of Content, or use any other unauthorized means to compile information from Site or any part of it, including for clarity from any related App or peer-to-peer fundraising platform;
- exploit the Site or any part of it, fundraising platform or any of our services in any unauthorized or unlawful manner whatsoever, including but not limited to, trespass or burdening network capacity, attempting to circumvent or violate the security of the Site or any part of it, or to disrupt or interfere with the proper functioning of the Site or any part of it;
- reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, republish or transmit any material on the Site or any part of it; or
- engage in any other conduct that restricts any person from using the Site or any part of it, or otherwise access or use the Site or any part of it for any other purpose that is not permitted under applicable laws; or that, in our sole judgement, exposes us, other users, or any third party to any liability, damages or detriment of any type.
You are responsible for protecting any other identifiers or credentials used to facilitate access to any part of the Site. You are responsible for all uses of those credentials, including unauthorized use by third parties or use without your consent. You acknowledge that TCT shall not be responsible for verifying the identity of any users.
If you participate in one of our fundraising initiatives, you agree to comply with the community guidelines and terms available on that platform.
TCT reserves the right, at its sole discretion, to prevent or suspend your access to the Site if you do not comply with any part of these terms of use or any applicable law and to remove, suspend, or modify any fundraising page, campaign, or related content and that it determines does not comply with these terms of use, applicable policies, or applicable laws.
Links
The Site may provide, or third parties may provide, links to external Internet websites or resources. You acknowledge and agree that TCT is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray TCT or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
Proprietary Rights
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by TCT or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Your Content), in whole or in part.
TCT grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by TCT for use in accessing the Site.
The term Trans Canada Trail, the Trans Canada Trail logo and other Trans Canada Trail logos and product and service names are the exclusive trademarks of, and are owned by, TCT, and you may not use or display such trademarks in any manner without TCT’s prior written permission. Any third-party trademarks or service marks displayed on the Site are the property of their respective owners.
TCT reserves all rights not expressly granted hereunder.
Claims of Copyright Infringement
If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to TCT a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send TCT any Feedback that you do not wish to license to us as set forth above.
Disclaimers
TCT is a national organization that publishes a wide range of information about the Trail, including resources, maps, suggested itineraries and activities to assist users in planning their trips on the Trail. TCT makes no warranties, either expressed or implied, and assumes no responsibility for the accuracy of the information available on the Site. Users of the Trail assume the entire responsibility and risk as to the use of or reliance on any or all information presented on the Site. If you are planning a trip on the Trail, you should not rely solely on the Site. You should consult other resources for the most up to date information, including Parks Canada, local trail organizations and local weather information.
By participating in any hike or other trip along the Trail users acknowledge they do so at their own risk and are responsible for ensuring their own health and physical safety and compliance with local laws and trail use guidelines.
No Warranties
The Site and all parts of it are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind.
TCT does not warrant that the Site or any part of it, or any platform used for fundraising by TCT will be uninterrupted, timely, or error-free, nor does TCT makes any representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. Your use of the Site is at your own risk and neither TCT nor its licensors (if applicable) has any responsibility or liability whatsoever for your use of the Site or the Content including without limitation for any loss or corruption of information, incomplete transactions, or inaccuracy of data. TCT cannot and does not guarantee or warrant that files or data available for downloading from the Site will be error free, free of viruses or other destructive code. To the extent permitted under applicable law, TCT waives all liability relating to your use of the Site and your computer or other device, internet, and data security.
Indemnity
You agree to indemnify and hold TCT and its subsidiaries and affiliates, and its and their respective directors, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to, arising out of or in connection with your use of the Site or the Trail, your connection to the Site, your violation of these terms of use, or your violation of any rights of another person or entity.
Changes to these Terms
These terms of use are effective as of the last updated date above and may be updated from time to time. We will notify you of any material changes by posting the updated terms of use on the Site or using any other method we deem appropriate. You are advised to consult these terms of use regularly for any changes. Your continued use of the Site following any changes to this Policy constitutes your acceptance of any such changes.
General
- You agree that no joint venture, partnership, employment or agency relationship exists between you and TCT as a result of these terms of use or your use of the Site. The Terms constitute the entire agreement between you and TCT with respect to your use of the Site.
- The failure of TCT to exercise or enforce any right or provision of these terms of use and shall not constitute a waiver of such right or provision.
- TCT’s notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under these terms of use.
- A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Section titles and headings in these terms of use are for convenience only and have no legal or contractual effect.
- Any rights not expressly granted herein are reserved.
- If you reside in Québec: These terms of use are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.
If you reside in the rest of Canada: These terms of use are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.
Third-Party Fundraising
TCT welcomes community members, partners, and supporters to raise funds in support of our mission. These terms ensure third party fundraising align with our values, protects our reputation, and upholds responsible stewardship of the Trail and our brand. Third-party fundraisers are events voluntarily organized and led by independent individuals, groups or organizations for the purposes of raising funds for the benefit of, or on behalf of, TCT and TCTF. The behaviour of those fundraising on behalf of Trans Canada Trail must adhere to the following guidelines:
- All third-party event organizers are encouraged to contact donorservices@tctrail.ca early in their planning to discuss their ideas, and to seek guidance and support.
- Third-party fundraising events must align with the vision, mission and values of TCT as well as following the Fundraising Guidelines for Third-party fundraisers. See Values Statement below.
- Third-party fundraising events must be in compliance with applicable laws and regulations and fundraisers are responsible for obtaining any required permits, licenses, or insurance.
- Personal Information collected through third-party fundraising platforms may be shared with TCT for the purposes of administering fundraising activities, donor stewardship, issuing tax receipts, and recognizing participants, in accordance with applicable laws.
- TCT may enable online peer-to-peer fundraising through third-party platforms. Individuals participating in such activities are independent supporters and are not employees, agents, or legal representatives of TCT or TCTF.
- The Trans Canada Trail Foundation reserves the right to decline any proposal that it deems not aligned with established policies and procedures or with the vision, mission, standards and values of TCT.
- The third-party event organizer is responsible for all event costs and liability including: vendor agreements, contracts, insurance, permits and legal compliance related to the event.
- TCT and Trans Canada Trail Foundation will not assume any legal or financial liability for a third-party fundraising event.
- Third-party fundraising events must be financially self-sustaining without financial contribution from, or risk to, TCT or Trans Canada Trail Foundation. No bank accounts may be opened in TCT’s name.
- Third-party event organizers must transparently and truthfully state the portion of the event proceeds that will be donated to support TCT in all advertising and promotions, and in all contact with donors, sponsors, participants and volunteers.
- Trans Canada Trail Foundation will only accept the net proceeds from a third-party fundraising event. All third-party fundraising event expenses remain the responsibility of the third-party event organizer and must be paid from the gross proceeds. Funds must be remitted within 30 business days following the conclusion of the event.
- Refunds or reimbursements will not be available after proceeds are donated to Trans Canada Trail Foundation.
- TCT and Trans Canada Trail Foundation cannot accept responsibility as an organizer or sponsor of any third-party fundraising event. As such, TCT should be portrayed as a beneficiary on all event materials by third-party organizers.
- Any usage of TCT’s name and logo in association with a third-party fundraiser must be approved in advance, in writing, by Trans Canada Trail Foundation. Events must state they are 'in support of Trans Canada Trail' and not organized by TCT. TCT assumes no liability and may withdraw support if guidelines are not followed.
- TCT and Trans Canada Trail Foundation may assist in promoting third party fundraisers on a case-by-case basis depending on available resources.
- Trans Canada Trail Foundation will accept and administer gifts and issue income tax receipts in accordance with its Gift Acceptance Policy. Gifts that do not meet CRA regulations will not be tax receipted.
- Trans Canada Trail Foundation reserves the right to refuse or return donations that do not comply with applicable requirements.
- Users and fundraisers must not make false, misleading, or exaggerated claims regarding TCT, its activities, or the impact or use of donations.
- All donations made through the Site or associated fundraising platforms are final and non-refundable, except where required by applicable law.
Prohibited Fundraising Activities
Unless expressly approved in writing by TCT, the following activities are prohibited:
- Lotteries, raffles, or games of chance
- Activities involving alcohol, cannabis, or other regulated substances
- Activities requiring permits, licenses, or insurance that have not been properly obtained
- High-risk or unsafe activities
TCT reserves the right to determine whether any activity falls within these categories.
Status of Fundraisers
Individuals raising funds through the Site or any associated fundraising platform are independent supporters and are not employees, agents, or legal representatives of TCT or Trans Canada Trail Foundation.
Fundraisers may not represent themselves as acting on behalf of TCT, nor may they enter into agreements or make commitments that bind the organization.
Payment of Fundraisers
Trans Canada Trail Foundation does not hire third-party or commission-based fundraisers. TCT employees are compensated by a base salary or hourly wages and customary employee benefits. Trans Canada Trail Foundation does not pay finders' fees, commissions or other payments based on philanthropic contributions received or funds raised.
Values Statement
TCT reserves the right to decline or withdraw support from activities that do not align with the following values. Accessibility and safety considerations should be incorporated. Events on Trail sections must respect local partners and Indigenous communities.
- Stewardship – Protecting and respecting the land, waterways, and communities connected by the Trail.
- Inclusion & Accessibility – Creating welcoming, safe, and accessible experiences for all. No support for activities promoting discrimination, hate, or exclusion.
- Integrity & Transparency – Acting ethically and communicating clearly.
- Collaboration & Community – Strengthening relationships across diverse communities.
- Reconciliation & Respect – Honouring Indigenous Peoples and lands across Canada.
- Environmental & Community Responsibility -Activities should minimize environmental impact.
TCT maintains sole discretion in determining values alignment.
Third-Party Platforms and Payment Processing
Fundraising pages and donations may be facilitated through third-party platforms (including but not limited to Fundraisin). TCT does not control and is not responsible for the operation, security, or performance of such platforms.
Donations are processed by third-party payment processors, and TCT does not collect or store payment card information.
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