Liability Release

Release of Liability Agreement

HOLD HARMLESS AGREEMENT

This Hold Harmless Agreement (“Agreement”) is entered into by and between:

  • Helms Game Legacies LLC, reffered to as (“Service Provider”), and the
  • Event Host / Coordinator / Representative / Customer, reffered to as (“Client”)

Both parties agree to the following terms and conditions regarding the mobile game trailer services provided by Helms Game Legacies LLC.

1. Purpose

The purpose of this Agreement is to release the Service Provider from liability for any injury, damage, or loss that may occur during or as a result of the services provided by the Service Provider, including but not limited to the operation of the mobile game trailer, the use of gaming equipment, and participation in any gaming activities.

By signing this Agreement, the Client agrees to hold the Service Provider harmless from any claims or legal action that may arise due to these activities, except in cases of gross negligence or willful misconduct by the Service Provider.

2. Services Covered

This Agreement applies to the following services provided by the Service Provider to the Client:

  • The rental and operation of the mobile game trailer.
  • The use of gaming equipment and accessories, including gaming consoles, controllers, TVs, virtual reality systems, and any other provided equipment.
  • The supervision of the event by the Game Coach provided by the Service Provider.
  • Any transportation, setup, or breakdown of equipment related to the event.

3. Assumption of Risk

The Client acknowledges and agrees to the following:

  • Inherent Risks: The Client understands that the use of video game equipment and participation in gaming activities may involve certain risks, including but not limited to physical injury, emotional distress, or damage to personal property. These risks may arise from the use of virtual reality systems, active motion-based games, or multiplayer gaming.

  • Voluntary Participation: The Client voluntarily assumes all risks associated with the use of the Service Provider’s equipment and participation in the gaming activities, whether those risks are known or unknown.

  • Supervision of Minors: The Client acknowledges that they are responsible for ensuring appropriate supervision of any minors (under the age of 18) attending the event. While the Game Coach will assist in managing the event and operating the equipment, the Game Coach is not responsible for direct supervision of minors. The Client assumes full responsibility for the behavior and safety of minors during the event.

4. Release of Liability

The Client agrees to release and discharge the Service Provider, its officers, employees, contractors, and agents from all liability, claims, demands, or legal actions that may arise from or are related to any injuries, losses, or damages that occur during the event or as a result of the services provided, including but not limited to:

  • Physical injury, illness, or death to any person or participant.
  • Damage to personal property or belongings.
  • Emotional distress or psychological harm.
  • Claims of third parties arising out of the Client’s event or activities.

This release applies to all claims whether based on negligence, breach of contract, breach of warranty, or any other legal theory, except claims arising from the gross negligence or willful misconduct of the Service Provider.

5. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Service Provider and its officers, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Any injury or damage to persons or property resulting from the use of the mobile game trailer or gaming equipment during the event.
  • Any claims by third parties, including event guests, for personal injury, property damage, or other harm that occurs during or as a result of the event.
  • Any breach of this Agreement by the Client or any misrepresentation made by the Client in connection with this Agreement.

6. Exclusions from Hold Harmless

This Agreement does not release the Service Provider from liability for claims arising from the following circumstances:

  • Gross Negligence: If it is proven that the Service Provider acted with gross negligence or reckless disregard for the safety of participants, the Client may pursue claims for damages.

  • Willful Misconduct: If it is proven that the Service Provider engaged in intentional wrongdoing or willful misconduct, the Client may pursue claims for damages.

  • Unmaintained Equipment: If injuries or damages arise due to faulty or unmaintained equipment, and it is determined that the Service Provider failed to maintain or inspect the equipment properly, the Client may pursue claims for damages.

7. Insurance

The Service Provider carries commercial general liability insurance to cover certain injuries and damages that may arise during the course of the event. This insurance, however, does not cover:

  • Intentional or Reckless Acts by Client or Guests: Any injury or damage caused by the Client, their guests, or participants as a result of intentional actions or reckless behavior.
  • Unsupervised Children: Any injury or damage caused by minors due to inadequate supervision.

The Client is encouraged to seek additional insurance coverage for their event if they deem it necessary.

8. Damage to Service Provider’s Equipment

The Client acknowledges and agrees that they are responsible for any damage to the Service Provider’s mobile game trailer, gaming equipment, or accessories that occurs during the event, except in cases where the damage is due to the Service Provider’s gross negligence or willful misconduct. Any such damage shall be handled in accordance with the Service Provider’s Damages to Equipment Policy, which is incorporated by reference into this Agreement.

9. Cancellation of the Event

The Client acknowledges that certain unforeseen events may result in the cancellation or postponement of their event. In such cases, the Client agrees to follow the terms outlined in the Service Provider’s Cancellation Policy, which is incorporated by reference into this Agreement.

10. Dispute Resolution

In the event of a dispute arising from this Agreement or the services provided, both parties agree to make a good faith effort to resolve the dispute amicably through informal negotiations.

  • Mediation: If informal negotiations fail, both parties agree to attempt resolution through mediation before pursuing any legal action.

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of dispute, without regard to its conflict of laws provisions.

  • Jurisdiction: Any legal action arising from this Agreement shall be brought exclusively in the state or federal courts located in Summit County, Ohio.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

12. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral, relating to such subject matter.

13. Modifications

No modification or amendment of this Agreement shall be valid unless in writing and signed by both parties. The Client acknowledges that they have read, understood, and agreed to the terms of this Agreement.

By booking an event, the Client acknowledges and agrees to the terms outlined in this Hold Harmless Agreement.

SMS/Text Messaging Opt-In Policy

1. Overview
By providing your phone number and opting in, you agree to receive SMS/text messages from Helms Game Legacies LLC related to your booking requests, promotional events, and company updates.

2. Categories of SMS/Text Messages

  • Booking Notifications: Includes confirmations, updates, and reminders related to your reservations or services.
  • Promotional Messages (Optional): Includes information on special offers, discounts, and promotions.
  • Company Event Updates (Optional): Includes invitations or updates about upcoming events hosted or sponsored by Helms Game Legacies LLC.

3. How to Opt-In
To opt-in to our SMS/Text Messaging program:

  • During Booking: You can provide your consent by checking the opt-in box when making a booking request or during account creation.
  • Promotions & Events: You may opt-in separately for promotional or event-related messages during the booking process or via our website by checking the designated opt-in box.

4. Message Frequency

  • Booking-related messages: Sent as needed based on your requests.
  • Promotional/Event messages: Typically 1–3 messages per month.

5. Message & Data Rates
Standard message and data rates may apply depending on your carrier.

6. How to Opt-Out
You may opt-out at any time by replying STOP to any SMS message you receive from us. Once you opt-out, you will no longer receive messages unless you opt back in.

7. Contact Information
For questions about our SMS/Text Messaging Program or assistance, contact us at:
Email: CustomerService@HGLegacies.com
Phone: (330) 227-4771