Politically Correct Holiday Legal Document

From McAnerin Networks Legal Dept ("the wishor") to you ("hereinafter called the wishee") please accept without obligation, implied or implicit, our best wishes for an environmentally conscious, socially responsible, politically correct, low stress, non-addictive, gender neutral, celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasions and/or traditions of others, or their choice not to practice religious or secular traditions at all... and a financially successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2006, but with due respect for the calendars of choice of other cultures or sects, and having regard to the race, creed, colour, age, physical ability, religious faith, choice of computer platform or dietary preference of the wishee.

By accepting this greeting you are bound by these terms that:

  • This greeting is subject to further clarification or withdrawal
  • This greeting is freely transferable provided that no alteration shall be made to the original greeting and that the proprietary rights of the wishor are acknowledged.
  • This greeting implies no promise by the wishor to actually implement any of the wishes.
  • This greeting may not be enforceable in certain jurisdictions and/or the restrictions herein may not be binding upon certain wishees in certain jurisdictions and is revocable at the sole discretion of the wishor.
  • This greeting is warranted to perform as reasonably may be expected within the usual application of good tidings, for a period of one year or until the issuance of a subsequent holiday greeting, whichever comes first.
  • The wishor warrants this greeting only for the limited replacement of this wish or issuance of a new wish at the sole discretion of the wishor
  • Any references in this greeting to "the Lord", "Father Christmas", "Santa Claus", or any other festive figures, whether actual or fictitious, dead or alive, shall not imply any endorsement by or from them in respect of this greeting, and all proprietary rights in any referenced third party names and images are hereby acknowledged.

THIS AGREEMENT dated for reference December 25, 2005,

BETWEEN: Transmitter [hereinafter referred to as "the Wishors"]
AND: Recipient [hereinafter referred to as "the Wishees"]

IN OR AROUND THE CITY OF CALGARY, PROVINCE OF ALBERTA, DOMINION OF CANADA.

WHEREAS:

A. The Wishors have offered to the Wishees an emotionally positive celebration of the Winter Solstice on terms and conditions agreeable to the Wishees, with the proviso that such conditions do not impinge upon the reasonable enjoyment of said Solstice by other individuals within the reasonable contemplation of the Wishees, their heirs, assigns successors and other persons who may gain rights to said offer, whether by contract, tort or other operation of law; AND

B. The Wishors include in said offer the right to reasonable use and enjoyment of the period of time commencing (and including) January 1, 2006 and including the following 365.25 days to end no sooner than 12:00 am on January 1, 2007, having due regard to the rights and obligations of others to reasonable use and enjoyment of said period of time; AND

C. The Wishors have granted said offer on terms and conditions outlined in the Preamble to this Agreement, to wit:

(i) the offer is revocable and subject to further clarification at the option of the Wishors;


(ii) the offer is freely transferrable, PROVIDED THAT said offer shall remain unaltered in any transaction hereinafter entered into by, on behalf of, or for the benefit of the Wishees;


(iii) the Wishors are not, by sole reason of this offer, bound, obligated or otherwise liable for the implementation, whether by means direct or indirect, to the specific performance of any said covenants negotiated or directly implied by reason of the offers herein made;


(iv) that the laws of the jurisdiction in which the Wishees customarily reside may preclude the operation of certain terms or covenants expressed or otherwise incidental to the execution, negotiation or implementation of this Agreement;


(v) that this offer may be superceded by the mere affluxion of time (vis a vis the term of operation as set out in paragraph B above) or by earlier supercession by operatio of any subsequent offer made unilaterally by the Wishors (this term is for the benefit of the Wishors, and may not be used in any subsequent action by the Wishees as estoppel against any claim of further good tidings); and


(vi) that any references to Supreme Beings or other characters, fictitious or real, living or dead or otherwise the subject of copyright, trademark (registered or otherwise) or other intellectual proprietary rights, shall not, for the purposes of this Agreement, be deemed as an endorsement or acquiescence to any covenants herein or hereinafter entered into by either the Wishors, the Wishees or any of them, and that no infringement of said intellectual property rights is intended or should be inferred.

WHEREFORE THE PARTIES AGREE AS FOLLOWS:

1. The Wishees accept the offer on terms and conditions stated in the Preamble to this Agreement, PROVIDED THAT such terms and conditions do not interfere with the lawful rights and interests of the Wishors;

2. The Wishees provide, as consideration for the offer as accepted, an offer to the Wishors upon the same terms and conditions as stated in the Preamble to this Agreement, and subject to the same rights, obligations, covenants and provisos as stipulated by the Wishors hereinbefore mentioned; and

3. The Wishees extend said offer to other persons not subject to privity of this contract, but who, as witnesses herein, agree to be bound by the same terms and conditions stipulated by the Wishors to the Wishees, and FURTHER PROVIDED THAT should any Third Parties included by operation of this paragraphfail to comply with said terms and conditions, herein incorporated by reference, that all offers made by said Wishees shall be voidable at the option of the Wishees, which voidability shall be subject only to the sole and unfettered discretion of the Wishees, and shall not be the subject of a defense by way of acquiescence, equitable estoppel or breach of fiduciary obligation.

4. All parties to and beneficiaries of this Agreement herein acknowledge that they have read and understood this Agreement in its entirety, and that they partake of and reap benefits of this Agreement freely and voluntarily, and hereby release and relinquish any right they may have as against the Wishors, the Wishees, or their respective heirs, assigns, successors and representatives, any right, whether in law or in equity, to damages or other equitable remedies arising out of an alleged fraud, misrepresentation, whether fraudulent or negligent, undue influence, coercion or duress or any other action in tort or contract which may arise directly or indirectly out of any such allegations.

5. Any provisions herein contained which are found void, voidable, illegal or unenforceable are severable from the remainder of this Agreement, and all other provisions not so found by a court of law or equity shall remain in full force and effect as a separate Agreement.

6. This Agreement constitutes the whole Agreement between and among the Wishors, the Wishees and any Third Parties incorporated by operation of this Agreement, and no modifications hereto shall be enforceable as against any such person unless said modification is shown to have existed prior to the assertion of such modification in a form written and agreed to in a manner similar to this Agreement by the parties against whom the modification is sought to be so enforced.

7. When in doubt, the butler did it.

{signed} This day,

Ian

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