Gaming City Waiver Agreement

PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

I have voluntarily elected, and/or I have voluntarily elected to allow the minor child(ren) (“Child”) identified below, to use INDOOR-TAINMENT LLC, DBA Gaming City facilities and equipment, located at 36-10 31st Street, Astoria, New York, New York 11106 (“Gaming City”). In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by Gaming City, its employees, or agents (“Gaming City Attractions”), I represent, acknowledge, and agree as follows:

GENERAL RELEASE

I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk, and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to Gaming City, and its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on their respective or collective behalf (“Releasees”).

RELEASE OF POTENTIAL INJURIES FOR ATTRACTIONS

I acknowledge that Gaming City Attractions will include basketball, augmented reality, VR games, dynamic reality games, and arcade machines. I agree that the use of these attractions, or observation of others using these attractions, has inherent and obvious dangers. These risks include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activities and cannot be removed without substantially changing the activity. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use Gaming City Attractions in a safe and responsible manner.

RELEASE OF POTENTIAL INFECTION OF DISEASE AND VIRUSES

I acknowledge that Gaming City is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while Gaming City practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to COVID-19, through my participation in, or observation of others participating in, Gaming City Attractions. I fully release Releasees from any claim against them regarding the contraction of a disease or virus for myself or the Child.

ATTIRE

I understand that Gaming City involves physical activity and that it is my responsibility to wear appropriate attire. Gaming City suggests, but is not limited to, the following: attire that will not confine my movements or snag on my surroundings, and a hairstyle that will not inhibit my vision or get caught in my surroundings. These precautions are necessary to maintain the health and safety standards, along with creating a safer experience for the Child and/or me as a client. Gaming City understands that certain medical conditions, religious beliefs, or other considerations can prevent the Minor and/or me and/or other participants from meeting these attire guidelines. I understand that if the Minor and/or I have such considerations, Gaming City will do all that it can to make a reasonable accommodation as is directed under the Americans with Disabilities Act and/or other relevant laws. That being said, I understand that accommodations can only be made if Gaming City and its representatives are made aware of the Minor’s and/or my needs. I further understand that some accommodations would be unreasonable and may not be made.

PROHIBITED SUBSTANCES

• The use, possession, or consumption of marijuana, illegal drugs, or any controlled substances is strictly prohibited on the premises.

  
  

• Smoking or vaping marijuana or any illegal substance is not allowed inside or outside of the venue.

CONSEQUENCES OF VIOLATION

• Guests found in violation of this rule will be immediately asked to leave the premises without a refund.

  
  

• Gaming City reserves the right to notify law enforcement if illegal activities are detected.

LOCKER USAGE

• Replacement of a lost locker key or damage to a locker will incur a charge of $10.

  
  

• Gaming City is not responsible for the loss of any personal belongings stored in the lockers, or within our premise.

  
  

• Parents or guardians acknowledge and accept that Gaming City is not liable for any injuries sustained by children while using the lockers or premises.

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 Gaming City employees could cause me or the Child significant bodily injury (as described within), and that Gaming City is not responsible for the actions or activities of customers using Gaming City Attractions or the negligence of its employees in supervising Gaming City Attractions, including actions, activities, or omissions that result in such harm. I specifically acknowledge and assume the risk that participants may:

• Die or become paralyzed, partially or fully, through their use of Gaming City facilities and participation in Gaming City Attractions;

• Suffer cuts, scrapes, bumps, bruises, or sprains, pulls, breaks, or otherwise seriously injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body parts as a result of falling off any Gaming City Attraction, landing improperly on equipment, or making contact with other participants;

• Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration, and other exertion-related medical events through use of Gaming City facilities or attractions;

• Suffer serious injuries due to unpredictable body movements and anticipated or unanticipated bodily contact caused by double bouncing, flipping, running, or bounding off walls; or

• Suffer similar physical injury from observing, standing, sitting, or taking photographs at or near any Gaming City Attractions, even if the observer is not participating.

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 or illness that I or the Child might sustain as a result of using Gaming City Attractions. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the Child sustains while using Gaming City Attractions, such assistance shall be at my own expense.

ARBITRATION

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHERS USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN QUEENS COUNTY, NEW YORK BEFORE ONE ARBITRATOR. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. The Arbitration shall be in accordance with the JAMS Rules of Arbitration, which can be found online at jamsadr.com. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against Releasees. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Child, and Gaming City will NOT have the right to have claim(s) determined by a jury.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my and the Child’s use of Gaming City Facilities and Attractions, 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 Gaming City 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 Gaming City facility. 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 that I or the Child may have in connection with the Recordings.