WAIVER OF LIABILITY AND  ASSUMPTION OF RISK

WAIVER OF LIABILITY AND ASSUMPTION OF RISK

  • I, the undersigned, am 18 years of age, and have retained the services of Partycade with respect to the provision of video game party services (the “Services”) to myself, my guests and my invitees (the “Participants”). I am executing this waiver of liability and assumption of risk as a condition of, and in consideration for, my own participation and that of the Participants in the Services provided by Partycade. I understand that I may have the other Participants execute this Waiver and thereby those signing Participants shall become jointly and severally liable with myself; however, should I not have the other Participants execute this Waiver than I and such other signatory Participants shall alone bear the responsibility and obligations set forth in this Waiver. I understand that engaging the Services of Partycade may expose me to a variety of risks from activities that are part of the Services. Such risks include, but are not limited to: damage or destruction of my personal property or the personal property of others, injury or death to myself or other Participants. During the rendering of the Services, I agree and warrant that if, at any time, I or any other Participant feels anything to be unsafe, we will promptly advise Partycade and will discontinue such activity.
  • By signing below, I hereby:
  • A) ACKNOWLEDGE THAT I FULLY UNDERSTAND THE RISKS OF PARTICIPATING IN PARTYCADE’S SERVICES, AND THAT SUCH PARTICIPATION IS POTENTIALLY DANGEROUS, AND ASSUME ALL OF THE RISKS (WHETHER OR NOT SPECIFICALLY DESCRIBED HEREIN) ARISING FROM, OR RELATED TO, ANY PARTICIPANTS’ PARTICIAPTION IN PARTYCADE’S SERVICES, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF PARTYCADE AND ANY OF THOSE ORGANIZING, PLANNING, SPONSORING, OFFICIATING, OBSERVING OR ASSISTING WITH PARTYCADE’S SERVICES OR THEIR RESPECTIVE AGENTS (PARTYCADE’S ORGANIZERS), OTHER PARTICIPANTS, OR OTHERWISE.
  • B) RELEASE, DISCHARGE, AND COVENANT NOT TO SUE PARTYCADE’S ORGANIZERS AND EACH OF THEM FOR ANY AND ALL LIABILITY TO ME AND OTHE OTHER PARTICIPANTS, AND OUR RESPECTIVE FAMILY MEMBERS, PERSONAL REPRSENTATIVES, EXECUTORS, ADMINISTRATORS, ASSIGNS, HEIRS, NEXT OF KIN AND SUCCESSORS FOR ANY LOSS, DAMAGE, CLAIM OR DEMAND MADE ON ACCOUNT OF INJURY TO ME, ANOTHER PARTICIPANT, MY PROPERTY OR PROPERTY OF ANOTHER PERSON OR RESULTING IN MY DEATH OR THE DEATH OF ANOTHER PARTICIPANT, ARISING FROM, OR RELATED TO PARTICIPATION IN, OR TRANSPORTATION DURING OR TO OR FROM, PARTYCADE’S SERVICES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ANY OF PARTYCADE’S ORGANIZERS, OTHER PARTICIPANTS, OR OTHERWISE.
  • C) INDEMNIFY, DEFEND AND HOLD HARMLESS PARTYCADE’S ORGANIZERS AND EACH OF THEM FROM ANY COSTS AND LIABILITIES OF INJURY, DAMAGE OR DEATH ARISING FROM OR RELATED, DIRCTLY OR INDIRECTLY, TO PARTICIPATION IN PARTYCADE’S SERVICES INCLUDING, WITHOUT LIMITATION, ANY PARTICIPANT’S OR THIRD PARTY’S PRESENCE IN THE AREA WHERE PARTYCADE’S SERVICES ARE BEING PROVIDED, ANY ACT OR OMISSION ON THE PART OF A PARTICIPANT, AND ANY BREACH OF ANY AGREEMENT OR WARRANTY SET FORTH HEREIN, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ANY PARTYCADE ORGANIZERS, OTHER PARTICIPANTS OR OTHERWISE.
  • D) I HAVE OBTAINED THE PERMISSION OF ALL PARENTS / GUARDIANS OF PARTICIPANTS UNDER THE AGE OF EIGHTEEN SHOULD THEY PARTICIPATE OR VIEW ANY (M) RATED VIDEO GAMES, OR ALTERNATIVELY I WILL ACCEPT FULL RESPONSIBILITY FOR PRECLUDING SUCH PARTICIPANTS FROM VIEWING AND PARTICIPATING IN SUCH (M) RATED VIDEO GAMES.
  • I understand that at this event or related activities, the Participants may be photographed. I have advised the Participants thereof and they have agreed to allow their photo, video or film likeness to be used for any legitimate purpose by Partycade’s Organizers.
  • I hereby consent, and have received the requisite consent of the other Participants, to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness during this event.
  • I understand and agree that this waiver of liability and assumption of risk shall be governed by and construed in accordance with the laws of the Province of Ontario, and that it is intended to be as broad and inclusive as permitted under such laws. If any portion of it is held to be invalid, I agree that the remaining terms shall continue to be in full legal force and effect.
  • I HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK CAREFULLY. I UNDERSTAND THAT BY SIGNING BELOW I AM ASSUMING ALL RISK ASSOCIATED WITH MY PARTICIPATION IN PARTYCADE’S SERVICES, AND THAT I AM RELEASING, INDEMNIFYING AND HOLDING HARMLESS PARTYCADE’S ORGANIZERS FROM ANY LIABILITY. I AM SIGNING THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK OF MY OWN FREE WILL.

____________________________________
Responsible Participant [sign name]
_____________________________________
Responsible Participant [print name]
*Please add additional pages for the signatures of all other Participants over the age of Eighteen (or that of a parent / guardian
if the Participant is not over the age of Eighteen) who agree to be bound by the terms and conditions of this Waiver of Liability
and Assumption of Risk.
Please return with signature to Partycade.
PARTYCADE
info@partycade.com
1 (877) 606-2111
www.partycade.com

Read the Company Terms of  Service & Business Policies

Read the Company Terms of Service & Business Policies

Legal Notice

All notices from PartyCade to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to PartyCade shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to PartyCade five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of PartyCade.
Copyright © 2022, PartyCade. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2022, PartyCade. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by PartyCade. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of PartyCade or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. PartyCade and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if PartyCade believes that customer conduct violates applicable law or is harmful to the interests of PartyCade and its subsidiaries.

Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. PartyCade and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if PartyCade believes that customer conduct violates applicable law or is harmful to the interests of PartyCade and its subsidiaries.

Shipping and Delivery

At this time, PartyCade ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, PartyCade ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. PartyCade is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

PartyCade charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

PartyCade SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL PartyCade BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by PartyCade.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. PartyCade is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not PartyCade.
The inclusion of material on this server does not imply any endorsement by PartyCade, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although PartyCade tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). PartyCade reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. PartyCade and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of PartyCade shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and PartyCade with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and PartyCade with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by PartyCade. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. PartyCade makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.