TERMS AND CONDITIONS
1. I hereby permit my child ("Minor Participant") to participate in Ultimate Esports Gaming video games. Who is under 18 years of age, I hereby consent to Minor’s attendance and participation in the Event consisting primarily of console video game tournaments in which cash and other prizes may be awarded to certain winners. I am aware the Events may feature console video games that may have a rating of “T” for Teen as specified by the Entertainment Software Ratings Board. I am aware this rating indicates the ESRB has deemed the content of the console video game titles in this category may contain violence, suggestive themes, crude humor, minimal blood, simulated gambling, and/or infrequent use of strong language. I am also aware that my child may be video recorded and clips/ pictures of him or her may be used on our website, and other social media. I assume all responsibility and liability for any injury, minor or serious, accidental or intentional, to Minor while at the Event. As the Parent or Legal Guardian, I give my permission to allow the Minor to attend and participate in this Event and all activities at the Event without restriction or limitation, including, without limitation playing console video games with ESRB ratings of “T” and I release Ultimate Esports Gaming LLC, and affiliates from any and all liabilities that may arise from my decision to allow the Minor to participate in the Event.
2. Ultimate Esports Gaming LLC reserves the right to cancel or reschedule any reservation, at any time and for any reason, including but not limited to, changes in capacity or capacity limitations without liability. To enter Ultimate Esports Gaming LLC, a reservation is required and only valid for the time specified.
3. COVID-19 And Any Other Communicable Or Infectious Disease: Liability Waiver, Class-Action Waiver, Binding Arbitration, And Other Provisions
By reserving a free entry into Ultimate Esports Gaming LLC tournament, and in consideration thereof, and in consideration for being able to visit and/or participate in attractions, transportation, and activities at the Ultimate Esports Gaming LLC, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses the reservation made by me including my children, as follows (collectively, the “COVID-19 and Other Communicable/Infectious Disease Provision”):
Assumption Of Risk: I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating at Ultimate Esports Gaming LLC, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my visit and participation are entirely voluntary.
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in attractions, transportation, and activities at the Ultimate Esports Gaming LLC. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
4. I agree to grant to Ultimate Esports Gaming LLC and its authorized representatives permission to record on photographs and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any social media, future publications, brochure, or other printed materials used to promote Ultimate Esports Gaming LLC, and further that such use shall be without payment of fees, royalties, special credit or other compensation.