TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN CUSTOMER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO CHOICE BY CLIENT UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM. CHOICE IS NOT TO BE HELD LIABLE FOR FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. CHOICE WILL NOT BE BOUND BY A CLIENTS TERMS.
DIRECT DAMAGES TO A VEHICLE IN THE CARE AND CUSTODY OF CHOICE WILL BE COVERED BY AN AUTO GARAGE INSURANCE POLICY. CUSTOMER MUST DECLARE IN WRITING IF THE TOTAL ASSET VALUE OF ALL ITEMS PROVIDED TO CHOICE EXCEEDS $100,000. THIS DECLARATION MUST BE IN WRITING ON THE RECORD AND RECEIPT MUST BE CONFIRMED BY CHOICE. WITHOUT DECLARATION THE CUSTOMER DECLARES BY OMISSION THAT THE TOTAL VALUE OF ALL ASSETS GIVEN TO CHOICE IS UNDER $100,000.
Customer will defend, indemnify and hold harmless Choice from any third party claim or liability arising out of or related to the work performed by Choice. This includes copyright infringement, trademark violations, and all other third party claims. These claims will be against the customer and not Choice as all artwork is approved by the customer before production and installation.
Services will be provided as described in the service catalogue or on our website at the time that either the estimate was accepted or that the invoice was created.
All claims arising our of or relating to these terms will be governed by and construed in accordance with the laws of the province of Alberta, and will be litigated exclusively in Edmonton, Alberta. The parties consent to personal jurisdiction in those courts. If any provision of this contract is illegal, invalid, or void under any applicable law, such provision should be considered severable. The
remaining provisions shall not be impaired and shall be interpreted as far as possible so as to give effect to its stated purpose.