This General Liability Waiver and Assumption of Risk Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”) in favor of Play! Hoboken, its owners, officers, employees, contractors, agents, affiliates, volunteers, and representatives (collectively, “Facility”).
1. Acknowledgment of Risks
Participant understands and acknowledges that participation in activities at the Facility, including but not limited to:
- Golf simulators
- Billiards/pool
- Ping pong/table tennis
- Mini bowling/duckpin bowling
- Arcade games
- Darts
- Air hockey
- Foosball
- Esports/video gaming
- Board games and related recreational activities
involves inherent risks that may result in bodily injury, illness, property damage, permanent disability, or death.
Risks may include, but are not limited to:
- Slips, trips, and falls
- Struck-by injuries from balls, clubs, cues, paddles, bowling balls, darts, or other equipment
- Equipment malfunction or misuse
- Collisions with other participants or fixtures
- Muscle strains, sprains, or repetitive motion injuries
- Negligence of other participants
Participant voluntarily assumes all risks, known and unknown, associated with participation at the Facility.
2. Release and Waiver of Liability
To the fullest extent permitted by law, Participant releases, waives, discharges, and covenants not to sue the Facility from any and all claims, liabilities, demands, damages, actions, causes of action, costs, or expenses arising out of or related to:
- Personal injury
- Property damage
- Loss or theft of personal belongings
- Accidents or incidents occurring on the premises
- Participation in any activities at the Facility
including claims arising from ordinary negligence of the Facility.
3. Participant Responsibilities
Participant agrees to:
- Follow all posted rules and staff instructions
- Use all equipment safely and only for its intended purpose
- Refrain from reckless, dangerous, or disruptive behavior
- Immediately report unsafe conditions or damaged equipment to staff
- Supervise minors under their care at all times unless otherwise arranged through a supervised program
The Facility reserves the right to remove any participant for unsafe or inappropriate conduct without refund.
4. Damage to Equipment and Property
Participant acknowledges responsibility for damage caused by misuse, negligence, reckless conduct, or failure to follow instructions.
Participant agrees that:
- Damage to golf simulators, billiard tables, cues, ping pong tables, bowling equipment, arcade machines, furniture, walls, screens, electronics, or other Facility property caused by Participant or members of Participant’s party may be billed to Participant.
- Participant authorizes the Facility to charge the payment method on file for repair, replacement, cleaning, or related costs resulting from such damage.
- Normal wear and tear excluded, damage resulting from user error, user negligence, horseplay, intentional misuse, unauthorized equipment use, throwing objects, striking screens or fixtures improperly, or prohibited conduct may result in financial liability.
5. Medical Treatment
Participant authorizes the Facility to obtain emergency medical treatment if deemed necessary and accepts full financial responsibility for any associated costs.
6. Minors
If signing on behalf of a minor, the undersigned parent or legal guardian:
- Consents to the minor’s participation
- Assumes all risks on behalf of the minor
- Agrees to all terms of this Agreement individually and on behalf of the minor
- Agrees to indemnify and hold harmless the Facility from claims brought by or on behalf of the minor
7. Photography and Video
Participant acknowledges that the Facility may use security cameras and may occasionally photograph or record activities for promotional or operational purposes. Participant grants permission for such use unless otherwise prohibited by law.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
If any portion of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
9. Family Plans
Members enrolled in a Family Plan must participate together and share the same assigned activity space while using the Facility. Family Plan members are required to use the same golf simulator bay, bowling lane, pool table, ping pong table, or other assigned activity area during their visit. Separate stations, tables, lanes, or bays may not be used simultaneously under a single Family Plan membership unless otherwise authorized by Facility management. Additional stations or activity areas may require separate payment or memberships.
10. Acknowledgment
By signing below, Participant acknowledges that they:
- Have read and understood this Agreement
- Understand they are waiving certain legal rights
- Voluntarily agree to all terms and conditions