Waiver and release

SoBo Silverball Collective LLC Waiver, Release of Liability, Assumption of Risk, Indemnity, and Media Consent Agreement PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. BY SIGNING, YOU GIVE UP CERTAIN CLAIMS AND AGREE TO PAY CERTAIN COSTS. This Agreement is between SoBo Silverball Collective LLC, a Colorado limited liability company (the "Collective"), and the person signing below ("I," "me," or "Participant"). It applies to every visit to the Collective's space at 238 N Broadway, Denver, Colorado (the "Premises"), whether I enter as a Member or as a Guest. 1. Definitions - "Released Parties" means SoBo Silverball Collective LLC; its owners, members, managers, officers, employees, volunteers, and agents; the owner(s), landlord(s), and property manager(s) of the building in which the Premises are located, including [BUILDING OWNER ENTITY, IF DIFFERENT]; any council, committee, or board of the Collective; and each of their heirs, successors, insurers, and assigns. - "Activities" means everything I do or that happens while I am on or around the Premises, including playing, moving, touching, or repairing pinball and other amusement machines; using the workshop area, tools, or equipment; attending tournaments, events, or gatherings; using stairs, restrooms, and common areas; and traveling to and from the Premises within the building or its parking areas. - "Machines" means all pinball machines, arcade games, and related equipment on the Premises, whether owned by the Collective, a Member, or anyone else. 2. Voluntary Participation - I am voluntarily entering the Premises and taking part in the Activities. I am at least 18 years old, I am legally able to sign this Agreement, and I am not being forced to do so. I understand the Collective is a private space, not a public accommodation, and that entry is a privilege that may be refused or revoked at any time. 3. Acknowledgment and Assumption of Risk - I understand and accept that the Premises and Activities involve inherent and other risks that can cause serious injury, illness, disability, property loss, or death. I know that: • The Premises are in a basement of a building constructed in 1900. They may have stairs, uneven or unfinished floors, exposed joists and low clearances, concrete surfaces, limited exits, limited natural light, and other conditions that differ from modern construction. • Machines are heavy and contain mains-voltage and high-voltage components, moving parts, solenoids, glass, sharp edges, and hot surfaces. Machines can tip, shift, or fall, and can cause crushing, pinching, cutting, burns, or electric shock, particularly when being moved, opened, or repaired. • The Premises contain electrical equipment, cords, tools, and other items that can create trip, fall, shock, or fire hazards. • Other people (including other Members and Guests) may act carelessly, unpredictably, or in violation of the rules. • Noise, flashing lights, and strobing effects from Machines may affect my hearing, vision, or health, including for people sensitive to flashing lights. • Emergency response may be delayed, and the Collective has no duty to provide medical care. I VOLUNTARILY ASSUME ALL SUCH RISKS, known and unknown, foreseen and unforeseen, including risks caused or contributed to by the ordinary negligence of the Released Parties. 4. Release and Waiver of Claims - TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO MY PRESENCE ON THE PREMISES OR MY PARTICIPATION IN THE ACTIVITIES, INCLUDING BODILY INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, AND LOSS OR DAMAGE TO PROPERTY, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASED PARTY. This release does not apply to harm caused by a Released Party's willful or wanton misconduct, or to any claim that cannot lawfully be released under Colorado law. 5. Covenant Not to Sue - I agree not to bring any lawsuit, arbitration, or other claim against any Released Party for any matter released in Section 4. If I do, I will pay the reasonable attorneys' fees and costs incurred by the Released Parties in defending against it. 6. Indemnification - I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, suits, losses, liabilities, damages, judgments, settlements, fines, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) my presence on the Premises or participation in the Activities; (b) any injury, illness, death, or property damage that I cause to myself, to any other person, or to the Premises or Machines, whether by my act, omission, or violation of this Agreement or the Rules; (c) any claim brought by or on behalf of me, my family, my heirs, my estate, or anyone claiming through me; and (d) the acts or omissions of any Guest I bring or host (if I am a Member). This indemnity applies even where the claim is alleged to arise from the negligence of a Released Party, to the fullest extent permitted by law, but does not cover a Released Party's willful or wanton misconduct. 7. Members' Responsibility for Guests - If I am a Member, I (a) will not bring a Guest who has not signed this Agreement or an equivalent Guest waiver, (b) am responsible for supervising my Guests and ensuring they follow the Rules, (c) will not leave a Guest unaccompanied on the Premises, and (d) will pay for any damage my Guests cause. 8. Machines, Tools, and Personal Property • No unauthorized repairs or modifications. I will not open, repair, move, adjust, or modify any Machine, power equipment, electrical panel, or tool unless I am authorized to do so, have the skill to do so safely, and have unplugged and discharged the Machine as appropriate. I do so at my own risk. • Workshop area. If I use the workshop area, I do so at my own risk, will use tools and equipment safely and for their intended purpose, and will clean up after myself. • Loaned Machines. A Machine owned by a Member and kept on the Premises remains that Member's property and responsibility, including its maintenance and condition. The Collective maintains property insurance covering Machines on the Premises, subject to the policy's terms, limits, deductibles, and exclusions. A Member's sole remedy for loss of or damage to a Machine is recovery under that insurance, and the Member waives any claim against the Released Parties for any amount the insurance does not cover. The Collective is not responsible for loss, theft, damage, or deterioration of any part, tool, or personal property, or for wear or mechanical or electrical failure of any Machine, from any cause, including negligence, water, fire, electrical events, other users, or theft. • Personal property. I leave and use all personal property on the Premises at my own risk. • Damage. I will pay for damage I or my Guests cause to the Premises, Machines, or equipment, whether intentional or accidental. 9. Rules of the Premises - I will follow all posted rules, instructions from the Collective's managers or designated representatives, and any rules later issued (the "Rules"), including: • Observing the posted occupancy limit and not blocking exits, stairways, or egress paths. • No alcohol, cannabis, or other intoxicating substances may be consumed or brought onto the Premises unless expressly authorized in writing by the Collective and permitted by law. No person who appears impaired may use the Premises or operate tools or Machines. • No weapons, no harassment, no threatening or violent conduct, and no illegal activity. • No tampering with security, alarm, fire safety, or recording equipment. • No smoking or vaping; no open flames. • Following any check-in and sign-in procedure, and including Guests in it. • Respecting the privacy and property of others. The Collective may remove any person and revoke membership or access at any time, without refund, and with or without cause. Removing someone does not create liability for the Collective. 10. Health and Emergencies - I represent that I am physically able to be on the Premises and take part in the Activities, and that I will leave and seek medical help if I feel unwell. I authorize the Released Parties to call emergency services on my behalf, and I accept responsibility for the cost of any medical treatment or transport. The Released Parties are not obligated to provide first aid or medical care. 11. Video, Audio, and Security Recording Consent I understand and agree that: (a) Security recording. Video and audio surveillance may operate on the Premises (excluding restrooms and any other area where a person has a legal expectation of privacy) at all times, for security, safety, dispute resolution, and protection of persons and property. I consent to being recorded. Recordings are owned and controlled by the Collective and may be retained for as long as the Collective determines and shared with law enforcement, insurers, attorneys, or others as the Collective considers necessary or as required by law. (b) Streaming and content. The Collective may photograph, film, and live stream or record pinball play, tournaments, and events on the Premises and publish them on Twitch, YouTube, social media, websites, and other platforms ("Content"). I may be visible or audible in the background or foreground of Content, whether or not I am the intended subject. (c) License. I grant the Collective and its successors, licensees, and assigns a perpetual, worldwide, irrevocable, royalty-free, non-exclusive license to record, use, edit, reproduce, distribute, publicly display, and publicly perform my image, voice, name (if spoken or displayed), likeness, and actions as captured in Content and security recordings, in any media now known or later developed, for any lawful business or promotional purpose, with no compensation to me and no right to review or approve Content before or after use. (d) Limits. Once Content is broadcast or published, the Collective cannot guarantee it can be fully removed from the internet or from copies made by viewers or platforms. If I do not wish to appear on camera, it is my responsibility to tell the Collective before or during my visit and to stay out of camera view while it is streaming, and the Collective will make reasonable efforts (but has no obligation to guarantee) to avoid featuring me. Signing this Agreement means I accept the possibility that I appear in Content. (e) No privacy claims. I waive any claim for invasion of privacy, misappropriation of likeness, right of publicity, defamation based on accurate recording, or similar claims arising from recording or use of Content as described here. 12. Insurance - The Collective carries property insurance covering Machines on the Premises, as described in Section 8. Apart from that coverage, I understand the Collective may or may not carry other insurance, and any insurance it carries is for its own protection, does not cover my own injuries or personal property, and does not expand the Collective's liability. I am responsible for my own health, accident, and personal property insurance, and to the extent permitted by my policies, I waive my insurer's rights of subrogation against the Released Parties for any loss my insurer covers. 13. Dispute Resolution; Governing Law; Venue - This Agreement is governed by Colorado law. Any dispute that is not released by this Agreement will be brought exclusively in the state or federal courts located in the City and County of Denver, Colorado, and I consent to personal jurisdiction and venue there. In any dispute concerning this Agreement, the prevailing party may recover reasonable attorneys' fees and costs. TO THE EXTENT PERMITTED BY LAW, I WAIVE ANY RIGHT TO A JURY TRIAL. 14. Severability; Entire Agreement; Changes - If any part of this Agreement is found unenforceable, the rest remains in effect and the unenforceable part will be enforced to the maximum extent permitted by law. This Agreement is the entire agreement about its subject matter and replaces any earlier oral or written understanding about it. The Collective may update this Agreement at any time by providing the updated form for my signature at my next visit, and my continued entry after receiving it constitutes acceptance. 15. Duration - This Agreement applies to every visit I make to the Premises, now and in the future, until I revoke it in writing delivered to the Collective, and revocation applies only to future visits. Released claims and indemnities for past visits survive revocation. 16. Binding Effect - This Agreement binds me and my heirs, executors, administrators, personal representatives, and assigns. Electronic signatures and copies are as valid as originals. ------------------------------------------------------------------------------ 17. Acknowledgment I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURY CAUSED BY ORDINARY NEGLIGENCE, AND THAT I AM AGREEING TO INDEMNIFY THE RELEASED PARTIES. I SIGN THIS VOLUNTARILY AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND CONSULT AN ATTORNEY BEFORE SIGNING.