Terms of Service
This report and all information contained herein (the “Report”) have been prepared by [Your Company Name] (the “Consultant”) solely and exclusively for the internal use of the client named above (the “Client”) pursuant to the terms of engagement between the Consultant and the Client.
Scope of Services: This Report is provided for general informational and preliminary guidance purposes only. The findings, opinions, and conclusions expressed herein are based on the Consultant’s professional judgment and interpretation of publicly available information, data, maps, and regulations as of the date of the Report. This Report is not intended to be, and shall not be relied upon as, a substitute for legal, surveying, architectural, engineering, geotechnical, environmental, or other specialized professional counsel. The services provided do not include a certified compliance review or a formal zoning audit.
Nature of Report: The Report is intended solely as a preliminary guideline to assist the Client in evaluating potential zoning and planning considerations. It shall not be construed as a legally binding document, a certified zoning review, a compliance certificate, or an official determination, statement, or representation by any municipal, provincial, or other governing body or authority.
Information from Third Parties: The Consultant’s findings may be based, in whole or in part, on information provided by the Client or by third parties, including municipal staff, public databases, and other sources. The Consultant has not independently verified, and assumes no responsibility or liability for, the accuracy, completeness, or currency of such third-party information.
No Representation or Warranty: The Consultant makes no representations, warranties, or guarantees, express or implied, as to the accuracy, completeness, currency, timeliness, or applicability of the information contained herein. All information is provided “as is” without warranty of any kind. The Client acknowledges that municipal by-laws, official plans, and other applicable regulations (particularly in the City of Toronto) are complex, inherently subject to varied interpretation, and may be amended frequently and without notice. Any interpretation of regulations expressed herein is the professional opinion of the Consultant and is not binding on any authority.
Independent Verification Required: The Client assumes full and sole responsibility for the independent verification of all information, findings, and opinions contained in the Report. The Client must consult official sources, including but not limited to the City of Toronto’s Planning and Building Divisions, the Committee of Adjustment, and other relevant authorities. The Client is solely responsible for, and accepts all liability arising from, any decisions, actions, or omissions made in reliance on, or in connection with, the Report.
Limitation of Liability: To the maximum extent permitted by applicable law, the Consultant, its directors, officers, employees, agents, and subcontractors (collectively, the “Consultant Parties”) shall not be liable to the Client or any third party for any and all claims, demands, actions, causes of action, damages, losses, expenses, or liabilities of any nature whatsoever (including, without limitation, any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, opportunity, or business) arising from or in any way connected with: a) The performance of the services; b) The use of, or reliance on, the Report or any information, opinions, or conclusions contained herein; c) Any errors, omissions, or inaccuracies in the Report, regardless of the cause (including negligence); d) Any decisions made or actions taken (or not taken) by any party based on the Report.
No Guarantee of Outcome: The Report, and any opinions expressed by the Consultant, do not in any way imply, represent, or guarantee that any application for zoning by-law amendment, minor variance, consent, site plan approval, or any other development-related application will be approved or supported by the City of Toronto or any other governing body.
No Third-Party Beneficiaries: This Report is for the sole benefit of the Client. No other person or entity shall have any right to use or rely upon this Report, in whole or in part, for any purpose whatsoever, without the express prior written consent of the Consultant. The Consultant Parties disclaim all liability and responsibility to any third party who may be provided with, or who may gain access to, this Report.
Indemnification: The Client agrees to indemnify, defend, and hold harmless the Consultant Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) asserted by any third party, arising out of or in any way relating to the Client’s use of, or reliance on, this Report, or any breach of the terms of this Disclaimer by the Client.
Governing Law and Jurisdiction: This Disclaimer, and all matters arising from or in connection with the Report and the Consultant’s services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The Client irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario.
Severability: If any provision of this Disclaimer is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
Client Acknowledgement: By accepting, reviewing, or otherwise using this Report, the Client irrevocably acknowledges having read, understood, and agreed to be bound by all terms and conditions of this Disclaimer in their entirety. The Consultant has advised, and strongly recommends, that the Client retain independent, qualified legal counsel and other professional advisors to review the Client’s specific project and independently verify all applicable zoning and planning matters prior to making any financial commitments, property transactions, or development decisions.
