These Terms & Conditions apply to all valet parking services provided by Echelon Valet (“Valet Operator”).

By using valet services, the vehicle owner and/or event host (“Venue”) acknowledge and agree to the following:

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

• Valet Operator means Echelon Valet, its owners, employees, agents, and representatives.
• Vehicle Owner means the registered owner, driver, or person in lawful possession of the vehicle delivered for valet service.
• Venue means the property owner, tenant, event host, organizer, or contracting party at whose request valet services are provided.
• Parking Facility means any lot, garage, driveway, street, or other parking area utilized for valet operations.
• Valet Services means the temporary parking and retrieval of vehicles during the course of an event or engagement.

Service Terms and Conditions

Scope of Services

Valet Services are temporary in nature. Vehicles are not stored overnight unless expressly agreed in writing.

The Valet Operator does not own, lease, operate, supervise, or control any Parking Facility unless expressly stated in writing.

Assumption of Risk

The Vehicle Owner acknowledges that parking vehicles at third-party facilities involves inherent risks, including but not limited to weather conditions, structural conditions, acts of third parties, and events beyond the control of the Valet Operator.

The Vehicle Owner voluntarily assumes such risks except to the extent of direct physical damage proven to have been caused solely by the negligent operation of the vehicle by the Valet Operator.

Limited Standard of Liability

The Valet Operator shall only be liable for direct physical damage to a vehicle where such damage is proven to have been caused directly by the negligent operation of the vehicle by personnel of the Valet Operator while actively driving the vehicle.

The Valet Operator shall not be liable for:

• Fire
• Theft
• Vandalism
• Severe weather
• Flood
• Structural failure
• Falling objects
• Acts of third parties
• Mechanical failure
• Electrical failure
• Pre-existing damage
• Diminution in value
• Loss of use
• Indirect, incidental, or consequential damages

unless such loss is directly and solely caused by negligent vehicle operation by the Valet Operator.

Primary Insurance

The Vehicle Owner agrees that their personal automobile insurance shall be the primary insurance coverage for any loss of or damage to the vehicle during the provision of Valet Services.

Any liability of the Valet Operator shall apply only after exhaustion of the Vehicle Owner’s applicable insurance coverage and only to the extent required by law.

Cap on Liability

Where liability of the Valet Operator is legally established, such liability shall not exceed:

(a) the cost of repair of the direct physical damage; or
(b) $25,000 per vehicle,

whichever is less.

In the event of multiple vehicle losses arising from a single occurrence, the total aggregate liability of the Valet Operator shall not exceed $100,000.

These limits shall apply regardless of the number of claims or vehicles involved.

Notice of Limitation

The Vehicle Owner acknowledges that the limitation of liability provisions contained herein are material terms of the agreement and have been brought to their attention.

Parking Facility Risk Allocation

The Venue acknowledges that Parking Facilities utilized for valet operations are selected, designated, or approved by the Venue or event host.

The Venue assumes responsibility for all risks arising from the condition, maintenance, security, design, structural integrity, access control, environmental conditions, and overall operation of the Parking Facility.

The Venue agrees to indemnify and hold harmless the Valet Operator from claims arising from such conditions except where caused solely by negligent vehicle operation by the Valet Operator.

Key Custody

The Valet Operator shall not be responsible for loss resulting from criminal acts of third parties unless directly caused by proven negligence in key handling procedures.

High-Value & Specialty Vehicles

Vehicles of exceptional value, unusual dimensions, or modified mechanical condition may be declined at Echelon Valet’s discretion.

Acceptance of a vehicle does not constitute acknowledgment of its value.

Acceptance

Acceptance of a vehicle for Valet Services constitutes acknowledgment and acceptance of these Terms and Conditions.

Severability

If any provision of these Terms is found to be unenforceable, such provision shall be severed and the remainder shall continue in full force and effect.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.