BORROWER REQUESTS THAT MGE NIAGARA ENTERTAINMENT INC. MAKE AVAILABLE A CREDIT FACILITY UP TO THE CREDIT LIMIT SET OUT ABOVE.
The undersigned ("Borrower"), agrees that all credit or cheque-cashing privileges granted to Borrower by MGE Niagara Entertainment Inc., its employees, affiliates, assignees, and/or any of its designated representatives (collectively, "MGE"), are governed by the following terms and conditions:
Borrower gives MGE permission to obtain and verify credit information from any source (including but not limited to via Equifax and Central Credit, both of which will be completed annually),obtain Borrower's credit and employment history,and exchange information with other entities and individuals regarding Borrower's credit and account activity and experience with MGE. Borrower understands that MGE may transmit Borrower's personal information to any and all entities or individuals, for any purpose, including but not limited to: (i) verify any of the information Borrower has provided in this Credit Agreement, (ii) collect any sums owing to MGE under this Credit Agreement, and/or pursuant to any markers, cheques, Requests, and/or any other document/instrument relating to this Credit Agreement (collectively, the "Credit Instruments") as may be required by MGE in its sole discretion, (iii) approve, review, limit, increase, and/or decrease Borrower's credit limit, and/or (iv) as otherwise required and/or permitted by law. Borrower agrees not to hold MGE or any other entities or individuals responsible or liable for the transmission of the information Borrower has provided. Borrower agrees that MGE will retain this Credit Agreement and any Credit Instruments for an indefinite period of time or as otherwise required by law, whether or not MGE approves the credit line(s) for which Borrower has applied.
Before drawing on Borrower's permanent or temporary credit line(s), and any credit line increase(s), if any, if granted by MGE in writing, Borrower agrees to sign any Credit Instruments as MGE may require in the amount of any draw, and as security for the amount of any draw, and as MGE may require for each subsequent draw, as applicable. Borrower authorizes MGE to complete any of the following missing items on the Credit Instruments, including but not limited to: (i) the name of the Borrower, (ii) any missing amounts, (iii) a date, (iv) the name, account number, address and/or branch of any banks and financial institutions, and (v) any electronic encoding of the above items as authorized by law. This information can be for any account from which Borrower has, or may in the future have, the right to withdraw funds, regardless of whether that account currently exists or whether Borrower provided the information about the account to MGE. BORROWER REPRESENTS THAT AT THE TIME BORROWER SIGNS ANY CREDIT INSTRUMENT, BORROWER HAS OR WILL HAVE ON DEPOSIT IN ALL ACCOUNTS SUFFICIENT FUNDS TO PAY ANY AMOUNT DUE UPON DEMAND OR PRESENTMENT.
Borrower acknowledges that the credit limit specified above, and any subsequent increases in credit limit requested by Borrower, if any, is not higher than the amount requested by Borrower, and that Borrower was not solicited or induced by MGE to apply for the credit facility or the credit limit.
The credit granted under the underlying Credit Agreement and/or any applicable Credit Instruments, if any such credit is granted, shall only be granted by means of casino chips or slot play of MGE for Borrower's use solely for gaming at the MGE Niagara Entertainment Inc.'s licensed casinos. The credit granted may be increased, but only if Borrower first requests the increase by completing a Credit Line Increase Request ("Request") in writing and any applicable Credit Instruments as deemed necessary by MGE, in its sole and absolute discretion. If the Request is granted by MGE in writing, the approved Request will be sufficient evidence of an amendment to this Credit Agreement for any increased credit granted by MGE. Credit limit increases are available after a 24-hour mandatory waiting period.
Notwithstanding anything to the contrary in this Credit Agreement, MGE may in its sole and absolute discretion (i) determine the amount of credit drawn by Borrower, which shall not exceed the credit limit specified above, and (ii) refuse any future Request for credit by Borrower.
Borrower agrees that MGE may refuse any request of credit whenever Borrower has any outstanding amount to be paid to MGE that is not paid by the maturity date which is 21 days after the execution of this Credit Agreement (the "Maturity Date"), whenever the request exceeds the credit limit of the credit line(s), whenever Borrower fails to comply fully with this Credit Agreement, the credit line(s), and/or any Credit Instruments, and any terms or conditions relating to any of the Credit Instruments, and/or any procedures imposed by MGE for Borrower's access to the approved credit line(s), or whenever a material adverse change occurs in Borrower's credit worthiness as determined in the sole discretion of MGE. Nothing in the preceding sentence shall limit the right of MGE to terminate this Credit Agreement and/or any applicable Credit Instruments in its sole discretion at any time without prior notice.
If there are any winnings redeemable by Borrower, MGE may, at its sole option, apply the monetary equivalent of the winnings first towards the payment of any outstanding credit balance and any interest due under this Credit Agreement or any other credit facility granted by MGE. Additionally, any funds in Borrower's deposit account(s) with MGE may be applied by MGE to any outstanding credit balance and any interest owed by Borrower to MGE. For greater clarity, Borrower authorizes MGE to apply any and all winnings the Borrower may redeem or be entitled to redeem or any other funds first to the redemption of any outstanding balance or interest owed to MGE with the remainder, if any, returned to the Borrower.
Borrower acknowledges that irrespective of any currency exchange laws in the country in which Borrower resides, Borrower has the ability and intent to legally repay any advance of money to MGE forthwith. Borrower also acknowledges that an independent agent collecting front money deposits or payments on any debt Borrower may owe to MGE is Borrower's agent and not an agent for MGE.
In the event Borrower does not fully repay to MGE any credit advanced by MGE pursuant to the Credit Instruments on or before the Maturity Date, Borrower agrees to indemnify and hold harmless and pay to MGE all legal costs, fees, charges, disbursements, expenses, and any applicable taxes incurred by MGE in relation to or incidental to the recovery of sums due under the Credit Instruments, and any other steps taken in connection with the enforcement of Borrower's obligations under the Credit Instruments, on a full indemnity basis. Borrower agrees that MGE may affect service of any legal process by sending same by ordinary mail from Ontario to: (i) Borrower's last known address (including a post office box, or a place of residence or business, or otherwise), and/or (ii) one of the addresses, or if only one address was provided, the address Borrower provided on this Credit Agreement. Borrower agrees that such process or documents shall be deemed as validly served by MGE.
Borrower agrees to be solely responsible for paying any and all charges, including but not limited to currency conversion and bank remittance charges, incurred in connection with Borrower's repayment of (i) any outstanding credit balance, (ii) any interest due, and (iii) any legal costs, fees, charges, disbursements, expenses, and any applicable taxes incurred by MGE under the preceding paragraph.
Borrower agrees that Ontario law, and the laws of Canada applicable therein, exclusively governs the terms of the Credit Agreement, credit line(s), credit advance(s), Request(s) or Credit Instruments. Borrower agrees that such documents will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and will be treated in all respects as an Ontario contract(s). Borrower agrees that MGE may litigate any dispute involving the credit line, the debt, the Credit Agreement, the Credit Instruments, or the Borrower in any court, province, state, or federal, within or outside Ontario. Borrower submits to the jurisdiction of the courts in the Province of Ontario or any other jurisdiction in respect of any demand(s) or claim(s) made by MGE to enforce the terms of the Credit Instruments and/or to collect any sums owing to MGE, which said choice of jurisdiction, whether within or outside Ontario, shall be in the sole and absolute discretion of MGE. For greater clarity, in the event that MGE makes a demand or claim in relation to the Credit Instruments and/or the collection of any sums owing to MGE under the Credit Instruments, Borrower agrees not to contest the jurisdiction in which said demand(s) or claim(s) are made by MGE if made in the Province of Ontario or another jurisdiction. The courts in the Province of Ontario shall have the exclusive jurisdiction in respect of any claim(s) Borrower may bring arising out of, or in any way relating to, the Credit Instruments. Borrower agrees not to make any claim(s) or bring any preceding(s) against MGE in relation to the Credit Instruments in any jurisdiction except in the Province of Ontario.
This Credit Agreement and any applicable Credit Instruments, form the complete agreement between Borrower and MGE and supersedes any prior or contemporaneous agreements or discussions, including any previous credit agreements. In addition, Borrower attests that the credit limit(s) of each credit line(s) is/are not greater than the amount Borrower requested, and Borrower attests that Borrower was neither solicited nor induced to either apply for credit or for any amount of credit.
I, THE UNDERSIGNED, TO THE FULL EXTENT PERMITTED BY LAW, HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT LEGAL COUNSEL (OR AFTER HAVING MADE A VOLUNTARY DECISION NOT TO CONSULT WITH LEGAL COUNSEL HAVING BEEN GIVEN THE OPPORTUNITY TO DO SO), HEREBY WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THE CREDIT AGREEMENT AND/OR ANY CREDIT INSTRUMENTS OR ANY CONDUCT, ACT OR OMISSION OF MGE, IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.Borrower understands that, for the purposes of Canadian law, a credit instrument is identical to a personal cheque and may be deposited in or presented to a bank or other financial institution on which the credit instrument is drawn. Willfully drawing or passing a credit instrument with the intent to defraud, including knowing that there are insufficient funds in the account upon which it may be drawn, is a crime in Canada which may result in criminal prosecution in addition to civil proceedings to collect the outstanding debt.
Besides any amounts authorized by law, Borrower agrees to pay interest at the rate of 8% per annum from the date of execution of the underlying Credit Agreement, and all costs of collection on a full indemnity basis, including legal fees, charges, disbursements, and any applicable taxes.
Borrower hereby represents and warrants that all representations, warranties, and statements made by Borrower in connection with this Credit Agreement (including the following representations) are (a) true and correct in all respects, and (b) shall be deemed to be made by Borrower each and every time Borrower executes and delivers any and all Credit Instruments signed by Borrower which are in any way related to this Credit Agreement, the credit application contained herein, and any transactions contemplated by this Credit Agreement: (i) Borrower is eighteen years of age and lawfully permitted to enter into this Credit Agreement, (ii) Borrower is lawfully permitted to engage in gaming activities in Ontario, (iii) Borrower has not been voluntarily or involuntarily excluded from any gaming operation wherever located, and (iv) Borrower has not had any of Borrower's gaming or financial privileges at any gaming operation restricted or limited, either voluntarily or by operation of law.
Borrower agrees that Borrower fully understands the terms, conditions, and obligations set forth above.
Responsible Gambling Message:
MGE is committed to offering the best possible gaming entertainment experience in the most socially responsible manner. We take player safety seriously and have a strong Responsible Gambling program in place that has received accreditation from the Responsible Gambling Council of Canada. Information is available on our website at Responsible Gambling | Fallsview Casino Resort.
How do I obtain a Win/Loss Statement?
To obtain a Win/Loss Statement, visit any Cage Cashier and request a Win/Loss Statement Request Form. You can also make the request by calling our Casino Finance Department at 905-374-6928 ext. 24102 or by making a Freedom of Information ("FOI") request to the OLG by calling the OLG's Support Centre at 1-800-387-0098 or emailing foi@olg.ca.
We have a staffed on-site PlaySmart Centre that provides customers and employees with information and awareness about responsible gambling. To speak to an agent, you can call 1-833-888-2306. A self-exclusion program is in place to enable patrons who have concerns about their gambling to place themselves on a list of excluded persons. Here is the link, My PlayBreak | Learn More About Gambling Self-Exclusion in Ontario | OLG.ca.
For mental health, addiction and problem gambling you can reach out to Connex Ontario at 1-866-531- 2600 or text 247247 for immediate assistance.
