Terms of Use and Liability Waiver

The individual named below (referred to as “I” or “me”) desires to participate in esports gaming (the “Activity”) provided by DubDub, LLC (the “Company”) at 279 Bon Air Center, Greenbrae, CA 94904 (the “Premises”). In consideration of being permitted to participate in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (these “Terms”).

1. I am aware and understand that there may be health and safety hazards associated with the Activity, including the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I am also aware of the contagious nature of bacterial and viral diseases, including COVID-19 (the “Disease”) and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that, while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease or other infectious diseases while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that California law does not permit to be released by agreement.
3. I confirm that I am: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last ten (10) days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity. I acknowledge that the Company is relying on these statements to allow me to participate in the Activity.
4. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity.
5. I will not consume any alcoholic beverages or non-therapeutic drugs prior to or while participating in the Activity. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while accessing the Premises or during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
6. I will engage in the Activity in a prudent and cautious manner. I hereby covenant and agree not to (i) act in any way which shall interfere with the lawful running or operation of the Activity or equipment used in connection with the Activity or (ii) engage in any harmful conduct or willfully or negligently engage in any conduct which contributes to or causes illness or injury to any person. I understand and agree that I shall abide by: (i) all policies, rules, and regulations of the Company, and (ii) all rules, directions, precautions, and guidelines, whether written or oral, issued by the Company or its representatives, by any associated individuals, institutions, or organizations, or governmental authorities. I will take good care of any equipment used for or during the Activity. I understand that I may be expelled from the Activity for violation of these Terms and any related codes or policies and/or for misconduct. The Company has the right to expel me for inappropriate conduct or other behavior by me deemed detrimental to other participants or the best interests of the Activity or make cancellations, substitutions or changes in case of emergency, changed conditions, health and safety considerations, or in the interest of the Activity, in its sole discretion. In such case, the Company will not be liable for any fees or expenses incurred by me. If I leave or am expelled from the Activity for any reason, there will be no refund of fees already paid. I agree to be responsible for any and all costs arising from voluntary or involuntary withdrawal from the Activity prior to its completion, including withdrawal caused by illness or disciplinary action.
7. I irrevocably grant the Company the right to use and hereby fully release the use of my image and likeness in any photographs, recording (including video and/or sound), or other media containing my image (“Images”) made in connection with the Activity to the Company. The Images may be used without restriction for the benefit of the Company in any and all publications or media, in any medium or format, including digital, video, and print reproductions, on any platform or outlet, including but not limited to, on the internet, social media, television, posters, flyers, brochures, and the like, without further consideration, and I acknowledge the Company’s right to so use the Images at its discretion. I understand that all rights to the Images belong exclusively to the Company. The above statement of release also covers the use of any quote and/or testimonial given by me during or about the Activity. I understand and agree that I will not have the right to pre-inspect or pre-approve any such use, including the specific use to which my Image may be applied
8. These Terms constitute the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms are binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under these Terms may be brought only in the federal and state courts located in Marin County California and I hereby consent to the exclusive jurisdiction of such courts.