Participant waiver

SIMPLE PIXEL — PARTICIPANT AGREEMENT, WAIVER AND RELEASE OF LIABILITY, AND ASSUMPTION OF RISK

Simple Pixel, LLC · 299 Bassett Street, Suite 250, San Jose, CA 95110 · hello@playsimplepixel.com · (925) 917-5751

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING IT YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SIMPLE PIXEL FOR INJURIES CAUSED BY ITS ORDINARY NEGLIGENCE.

1. The activity

Simple Pixel is an interactive gaming venue. Its game rooms — including Pixel XL, Pixel, Reach, Score, Gaze, Lightwave, Hit and Snipe, and any rooms added later (the “Activities”) — involve running, jumping, stepping on and pressing light-up tiles and buttons, crouching, crawling, ducking under laser beams, throwing and shooting balls or objects at targets, sudden changes of direction, and play with other people in enclosed rooms.

2. Risks I understand

I understand the Activities carry inherent risks that cannot be removed without changing the nature of the games. These include, but are not limited to:

• slips, trips and falls, including on tiles, floors and room thresholds;
• collisions with walls, doors, fixtures, equipment and other players;
• being struck by balls, thrown objects or equipment, whether thrown by me or others;
• sprains, strains, fractures, cuts, bruises, dislocations and head injuries;
• overexertion, dehydration, dizziness, and heart or breathing problems;
• flashing and flickering lights, strobing effects, low light and darkness, loud sounds and music;
• low-power laser beams (never look directly into a beam source);
• equipment malfunction, power interruption, and the acts of other players;
• in rare cases, serious injury, permanent disability or death.

3. Health and fitness

I confirm that I (and any minor I sign for) am physically able to take part and have no condition that makes participation unsafe. I will not participate, or will first get a doctor’s approval, if I:

• have epilepsy, a seizure disorder, or photosensitivity — flashing lights and patterns in the rooms may trigger seizures, even in people with no history of them;
• am pregnant;
• have a heart, blood-pressure or breathing condition;
• have had recent surgery, a recent injury, or have back, neck, joint or balance problems;
• am under the influence of alcohol, drugs or any substance that affects judgment or coordination.

If I feel dizzy, disoriented, unwell, or notice eye or muscle twitching, I will stop immediately and tell staff.

4. House rules

I agree to follow all posted rules and staff instructions, including:

• wear closed-toe, flat, athletic-style shoes — no sandals, heels, Crocs or bare feet;
• remove or secure loose jewelry, glasses straps, hats and items in pockets before playing;
• no food, drinks or gum in game rooms; no alcohol on the premises unless Simple Pixel allows it;
• play the games as intended — no climbing on walls or equipment, no throwing objects at sensors, lights or screens, no shining lights into sensors, no pushing or rough contact;
• players must be at least 8 years old;
• players under 12 must have an adult (18+) in their group, and that adult supervises them at all times;
• respect other players and staff; no harassment or abusive behavior.

Simple Pixel may stop play or remove any player who breaks these rules or seems unsafe, without a refund. I am responsible for damage to equipment or the premises caused by my deliberate misuse or reckless conduct (or that of a minor I sign for).

5. Assumption of risk

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OF THE RELEASED PARTIES. Participation is my free choice.

6. Release and waiver of liability

To the fullest extent allowed by law, I, for myself and my heirs, executors, representatives and assigns, RELEASE, WAIVE AND AGREE NOT TO SUE Simple Pixel, LLC, its members, managers, owners, employees, contractors, agents, equipment suppliers, landlord (Westbury Downtown, LLC) and their affiliates (the “Released Parties”) for any and all claims, injuries, illness, death, loss or damage to person or property arising out of or related to my participation in the Activities or presence at the venue, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This release does not apply to gross negligence, willful misconduct, fraud, or violations of law that California does not allow to be waived.

7. Indemnity

I agree to indemnify and hold harmless the Released Parties from any claims, costs and attorneys’ fees brought by me, by anyone on my behalf, or by a minor I sign for, arising from my (or their) participation, to the extent those claims are released above, and from claims by third parties caused by my (or their) breach of the house rules.

8. Medical treatment

If I (or a minor I sign for) am injured or ill and cannot consent, I authorize Simple Pixel staff to call emergency services and obtain first aid or emergency medical treatment. I am responsible for any resulting costs. Simple Pixel staff are not medical professionals.

9. Minors

If I sign on behalf of a minor, I confirm I am that minor’s parent or legal guardian, that I have read and explained these rules and risks to them, and that I agree to all of the terms in this document on the minor’s behalf and on my own behalf, including the release of the minor’s claims and the parent/guardian’s own claims.

10. Photos and video

Simple Pixel may photograph and record video at the venue, including game-room cameras. By signing, I allow Simple Pixel to use images and recordings of me (and any minor I sign for) in its marketing, website and social media, without payment. I can withdraw this consent for future use at any time by emailing hello@playsimplepixel.com.

11. Personal property

Simple Pixel is not responsible for loss, theft or damage to personal belongings, including phones, glasses and bags left in lockers or common areas.

12. General

• Term: this agreement covers every visit for 12 months from the date I sign it, unless I sign a newer version first, which replaces it.
• Severability: if any part is found unenforceable, the rest remains in full effect, and that part is limited only as far as needed.
• Governing law: California law applies. Any dispute will be heard in the state or federal courts for Santa Clara County, California.
• Electronic signature: I agree that signing electronically is the same as signing on paper, and I consent to receive this agreement electronically.
• Entire agreement: this document is the whole agreement on these subjects and replaces any prior statements. I am not relying on any oral promises.

I HAVE READ THIS DOCUMENT, I UNDERSTAND IT, AND I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT VOLUNTARILY, AND I AM AT LEAST 18 YEARS OLD.