Waiver Terms & Conditions
Participant Agreement, Release and Assumption of Risk (The Agreement) – NINJA GAMERS, LLC.
This waiver for NINJA GAMERS, LLC., includes the following activities:
I am agreeing to participate or have my child participate in activities regarding areas known as “PS5/XBOX/NINTENDO Gaming and Virtual Reality Gaming,” and although serious injury can occur in many forms, the three greatest injury potentials associated with these activities are eye injuries, slipping and falling, or running into another participant. The activity is also monitored by an employee of NINJA GAMERS, LLC. to ensure the participants are following the rules previously mentioned at the facility. I, the undersigned participant or parent/legal guardian of a minor if the participant is under the age of 18, acknowledge and fully understand that I or the minor participant will be engaging in activities that involve risk of serious injury. I hereby agree to follow all oral instruction and written rules at all times. In the case of minor participants, I will ensure that any minor children accompanying me follow all oral instruction and written rules at all times. If I am giving consent to my minor and I am not there, I will make sure my minor child is instructed to follow all oral instruction and written rules at all times. With regard to any injury occurring on the property, I hereby release and discharge NINJA GAMERS, LLC. from all legal liability. This release includes NINJA GAMERS LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event. Any parent signing for a minor child hereby agrees to indemnify and hold harmless NINJA GAMERS, LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event from any claims by a non-signing parent/legal guardian. I agree to hold harmless and indemnify NINJA GAMERS, LLC. from all legal liability, claims, damages, or injury which may result from activities on the premises, including the actions of other participants. I have read this Release of Liability document and agree to its terms and conditions.
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Ninja Gamers trailer and equipment. In consideration for being allowed to use said facilities and equipment, and any other services provided by NINJA GAMERS, LLC. or its employees or agents at said location, or any other location within the State of Texas, I – on behalf of myself, my Child, or any other person under my supervision or control – represent, acknowledge and agree as follows:
GENERAL RELEASE
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to NINJA GAMERS, LLC, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, ”NINJA GAMERS, LLC”). I acknowledge and agree that the terms and conditions in this Agreement shall apply to adult and minor participants and/or observers alike.
DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree that I am executing this Agreement as consideration for participating in Gaming and related activities. The use of VR, gaming and other equipment at the NINJA GAMERS trailer and that participating in these activities can sometimes be dangerous. These risks include serious physical or emotional injury, including but not limited to burns, scrapes, cuts, bruises, dislocations, sprains, fractures, pinches, concussion, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the gaming activities that take place at the NINJA GAMERS trailer are monitored generally by NINJA GAMERS employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, NINJA GAMERS trailer employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
SPECIFIC RELEASE FOR “THEMED” ACTIVITIES
I acknowledge that the NINJA GAMERS trailer may at any time engage in a promotion referred to as “GAMING VR”, and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to “GAMING VR” activities, and the other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Child may choose not to participate in such activities. I acknowledge and agree that I and the Child may participate voluntarily in the “GAMING VR” and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of NINJA GAMERS trailer employees could cause me or the Child significant bodily injury (as described in this Agreement), and that NINJA GAMERS, LLC is not responsible for the actions or activities of customers using the NINJA GAMERS trailer or the negligence of its employees in supervising the NINJA GAMERS trailer or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of the NINJA GAMERS trailer and participation in NINJA GAMERS trailer activities.
b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the NINJA GAMERS trailer equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling in the battle arena(s) or on other equipment, landing improperly on other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
c) Participants may fall on each other, resulting in broken bones and other serious injuries. The trailer can sometimes have up to 16+ people inside and there could be flipping, running and bouncing off of the walls or falling off platforms and other participant body movements (whether planned or unplanned) can cause physical injury and can create a rebound effect leading to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
e) Observing, standing, sitting or taking photographs at or near any VR or Gaming activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
f) Participation during reduced or altered “VR or Gaming” lighting events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other people, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the NINJA GAMERS trailer or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using NINJA GAMERS trailer, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue NINJA GAMERS, LLC, and their successors, predecessors-in-interest, and insurers (collectively, the “Releases”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the NINJA GAMERS trailer, premises and/or its equipment, the Child’s and/or my entry into the NINJA GAMERS trailer, the condition, maintenance, inspection, supervision, control or security of the NINJA GAMERS trailer, the failure to warn of dangerous conditions in connection with the NINJA GAMERS trailer, and/or the acts or omissions of NINJA GAMERS trailer or any of the Releasees, including, without limitation, any claim alleging negligent ac(s) or omission(s) of Releasees.
This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the equipment and all activities and games at the NINJA GAMERS trailer. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the NINJA GAMERS trailer. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein, and any other risks associated with use of the NINJA GAMERS trailer and its equipment are sometimes beyond the control of the Releasees. I agree and acknowledge that should NINJA GAMERS, LLC or any other Releasee or anyone acting on their behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold NINJA GAMERS, LLC and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the NINJA GAMERS trailer, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize NINJA GAMERS, LLC and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any NINJA GAMERS trailer. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit NINJA GAMERS trailer, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any and all activities at the NINJA GAMERS trailer, and that such risks include not only the use of gaming and VR gaming equipment, but other activities and equipment.
b) You have a duty to not participate in any activity on any Gaming or VR gaming equipment or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided, whether the gaming consoles or VR gaming, or otherwise.
d) You have a duty to not participate in any activity or Gaming consoles or VR gaming, OR any other equipment, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to avoid bodily contact with other participants.
g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity, whether involving the use of VR equipment, or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the NINJA GAMERS trailer, or other equipment.
i) You have a duty to use the Gaming and/or VR equipment, and other equipment, within your own limitations, training and acquired skills.
ACKNOWLEDGEMENT OF RULES AND WARNINGS
I further acknowledge that I will not participate in activities at NINJA GAMERS trailer unless I have heard and fully understood the Rules Speech given to me, or each Child as applicable. I agree to follow and obey all posted and stated warnings, rules, policies, and patron education signs. I further agree that, as applicable, prior to each Child utilizing NINJA GAMERS trailer or equipment, I will ensure each Child has heard and understands all safety rules, warnings, and patron education and shall assume all responsibility for their compliance therewith.
I would like to receive email promotions, discounts, and other advertisements from NINJA GAMERS, LLC and its partners at the email address provided below. I may unsubscribe at any time.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the NINJA GAMERS trailer, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between NINJA GAMERS, LLC and me relating to the Child’s and my use of the NINJA GAMERS trailer. There are no other agreements – oral, written, or implied – or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the NINJA GAMERS trailer. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).