GAMERSHIP AGREEMENT
This gamership Agreement (“Agreement” or “Gamership Agreement”) is entered into between Keep On Gaming LLC, located at 605 w 7th st Rolla, MO (“Keep On Gaming”), and you the gamer. Keep On Gaming is a gaming center offering unlimited play access in its facility. This Agreement entitles gamers access to games and facility on a month-to-month basis. A daily entry fee can be purchased at the entrance for one-day usage.
Please review this Agreement thoroughly as it is a legal contract between Keep On Gaming and all gamers. By using the services offered at Keep On Gaming, gamers are agreeing to the terms of this Agreement.
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PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly gamerhips are paid in advance monthly, on the calendar date which the gamerhip became activated, for the following month. Player packages are billed in-full at the time of purchase. Regular monthly dues apply thereafter if applicable. Monthly gamership payments shall be made defined bill cycle dates tied to all active gamerhips, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately notified, pending the member updating their payment information and their gamership dues paid in full or gamership will be canceled. The gamer will be notified to update gamership or pay a daily entry fee price to access games and facility.
CHECK-IN
CHECK-IN: Gamers are required to check in when entering the facility. Facility staff will check accounts to verify names and active players on accounts. Misuse, fraudulent use, or deceitful usage of gamership will cause forfeiture of gamership access or access to facility depending on the sole discretion of Keep On Gaming.
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PLAYER PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
Player PURCHASES: By purchasing a package from Keep On Gaming, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between gamers. Unlimited and auto-debit contract gamers are required to keep a current credit card on file.
Specially priced expiring packages may not be extended, transferred, or refunded. Keep On Gaming staff does not have the authority to adjust or extend special packages. The expiration date set on an expiring package is the date on which the package may no longer be used. Gamers purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Gamers may elect to keep a credit card on file using their Keep On Gaming account online. By placing a card on file, the cardholder and account holder gives permission to the Keep On Gaming staff to charge the card for any auto-debit packages
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Keep On Gaming to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that. Keep On Gaming will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you gamership Agreement and/or in connection with cancellation fees per the cancellation policy. Keep On Gaming may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided. It is your responsibility to keep a current card on file with accurate billing information. Keep On Gaming cannot be held responsible for errors in processing due to expired or inaccurate information.
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AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for events, activities, and other programs and using the premises, facilities, and equipment (individually and/or collectively, the “Games” and “Facilities”) of Keep On Gaming and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers using equipment in association with the games and events.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Keep On Gaming staff, you would be at physical risk participating in Keep On Gaming's games, you understand and agree that you may be denied access to the games and facilities until you furnish Keep On Gaming with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Keep On Gaming's concerns and stating that Keep On Gaming's concerns are unfounded.
In consideration of being allowed to participate in and access the games and facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the games and facilities, (2) release, indemnify, and hold harmless Keep On Gaming, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, gamers, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the games or use of the facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Keep On Gaming's games and facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Keep On Gaming's games and facilities, and should not be participating in any physical games.
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Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Keep On Gaming has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the facility cannot guarantee that you or any member/employee of Keep On Gaming will not become infected with COVID-19.
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You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Keep On Gaming facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, facility employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Keep On Gaming (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Keep On Gaming, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Keep On Gaming, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Keep On Gaming program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
You agree to be solely responsible for the safety and well-being of yourself.
You agree to comply with all rules imposed by Keep On Gaming regarding the use of the facilities and equipment.
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Keep On Gaming. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF GAMERSHIP AGREEMENT BY MEMBER
You may cancel this gamership Agreement at any time. Failure to provide timely termination will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month.
If, at the time of cancellation, if you have outstanding payments owed to Keep On Gaming, these payments must be made in full in order for the gamership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your gamership will be considered suspended, the gamership Agreement will not be cancelled, and Keep On Gaming reserves the right to pursue additional avenues or means to receive monies owed.
This gamership Agreement may be canceled online or upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the gamer, and the gamer is unable to receive all of Keep On Gaming’ services which the gamerer has contracted. The gamer, or the gamer’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability);
MISCELANEOUS
CONDUCT/DAMAGES: Keep On Gaming is committed to the health, safety, and welfare of each of its gamers and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. gamers who do not observe Keep On Gaming’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Keep On Gaming has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a gamership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Keep On Gaming property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Keep On Gaming reserves the right to add, change or remove rules, conditions of gamership, opening and closing hours, and all services and facilities offered by Keep On Gaming.
PHOTO/VIDEO RELEASE:
You hereby grant Keep On Gaming, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Keep On Gaming and to use and publish these photos or videos in print and/or electronically. You agree that Keep On Gaming may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising, and web content.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the facility after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the facility, or delivered in person to 605 w 7th st Rolla, MO