Who we are

Our website address is: www.pressplaylounge.com

PRESS PLAY GAMING LOUNGE PRIVACY POLICY

Welcome and thank you for visiting us.

The website located at https:/www.pressplaylounge.com/ 

1. TYPES OF INFORMATION WE COLLECT

1.1 Type and Nature of Information

The information we collect in most cases relates to Customers but can relate to suppliers, our subcontractors and other parties we deal with. Information is gathered for a range of primary purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market our goods and services.

Privacy Laws require us to manage Customers’ data in an open and transparent manner. We may collect the following personal information from Site visitors and users of our services. The types of personal information we collect include but are not limited to:

PERSONAL INFORMATION

‘Personal Information’ when used in this Privacy Policy has the meaning given to it in the Privacy Act but it generally means any information that can be used to personally identify you. The type of Personal Information we collect includes things such as name, address, contact details, buying habits, opinions, product preferences and transactional/payment details including your credit card, direct debit or PayPal account information .

PUBLIC DATA

On the Sites you may have the ability to comment or participate on blogs, discussion forums or other parts of the Site that allow you to post your comments. We may collect this data on our platform when you choose to comment or participate (“Public Data”). This Public Data includes information such as your comments, your time zone, and any information you input. You should be aware that any information you provide in this manner may be made broadly available for others.

LOG DATA

We may receive information when you view content on or otherwise interact with our services (“Log Data”). We may receive this Log Data automatically.

This Log Data includes information such as Personal Information from your interaction with us and its content, our services and our advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Site, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address, server address, date and time of your visit to our Site, information of documents you download, pages visited, search terms, cookie information, and standard web log data.

The Log Data may be processed for the purposes of operating our Site, providing our services, ensuring the security of our Site and services, maintaining back-ups of our databases and communicating with you.

1.2 Legal Basis for Collection of Personal Information

As a provider of a wide range of services, Press Play Battle Arena & Gaming Lounge LLC. frequently finds that it is necessary to collect Personal Information during the course of transactions. In accordance with the Privacy Laws, the legal justification for this collection is on the basis that the Personal Information that you provide to us is required in order for you to enter into a contract with us. Accordingly, by voluntarily submitting the Personal Information to us by any of the following means, you are evidencing your consent to this Policy:

activity booking and competition entry forms;
application forms (including online applications to access Wi-Fi internet at some of Press Play Battle Arena & Gaming Lounge LLC.’s Related Entities’ entertainment precincts);
Press Play Battle Arena & Gaming Lounge LLC.’s contractors, in relation to services operated by Press Play Battle Arena & Gaming Lounge LLC. in conjunction with such contractors;
email;
websites (including, but not limited to, our Sites as well as social media sites such as LinkedIn, Facebook, and in some instances cookies);
online transactions;
networking functions (eg: business cards);
over the phone;
credit card details via credit card purchases on our payment platforms and gateways; and
information collected from third parties.

1.3 ‘Sensitive Information’

We may be required from time to time to collect sensitive information from you,but will not do so without your express consent. “Sensitive Information” is given its meaning in the Privacy Act but generally includes information or an opinion about an individual’s racial, religious or ethnic origin, health information or political/ philosophical affiliations or beliefs.

1.4 Cookies and Other Similar Technologies

Subject to our obligations under the Privacy Laws, we may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-personal information about how you use our Sites and our offerings.

Cookies are files that store information on the device on which you are using or accessing our Sites. Cookies also retain your details and preferences, so you can easily continue your browsing session upon return to our Sites. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your Internet browser, although you may find that some parts of our Sites will consequently have limited functionality and personalization if you do so.

We generally use this information to report statistics, analyze trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute Personal Information because it does not identify you or anyone else, the APP does not apply, and we may use this information for any purpose and by any means whatsoever. The collection of such information, whether by us or by data aggregators, is subject to the terms of this Privacy Policy.

ADVERTISING INFORMATION

Although we do not use cookies to create a profile of your browsing behavior on third-party sites, we do use aggregate data from third parties to show you relevant, interest-based advertising. We may track your response to our advertisements, e-mails and content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign that we are running. This information may be shared, only when anonymized, with third parties to assist them in understanding the performance of advertising in our services.

1.5 Third Party Analytics Tools

We may use third-party analytics tools to:

analyze usage trends on our Sites, including the tracking and reporting of Site traffic, ad conversion tracking, traffic analysis and marketing optimization; and
collect this data in aggregate form so that it cannot identify any individual.

Third-party analytics tools collect non-personal information such as the web pages you visit, add-ons, and other analytics data that assists us in improving our products and services.

These tools might include, but are not limited to, Google Analytics, Google AdWords conversion tracking, Google Tag Manager, or Facebook Ads conversion tracking. Third-party cookies may be placed on your device by a service provider to us, for example, to help us understand how our products or services are being used. Third-party cookies may also be placed on your device by our business partners to advertise the service to you elsewhere on the Internet.

We reserve our rights to modify, add or remove any third-party analytics tools. By using our Sites, you consent to the processing of any non-personal information these tools will collect in the way and for the purposes described above.

1.6 Customer consent

Wherever practical, Press Play Battle Arena & Gaming Lounge LLC. will obtain the express consent of Customers to the collection of Personal Information. In some situations, Press Play Battle Arena & Gaming Lounge LLC. will interpret a Customer’s actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Press Play Battle Arena & Gaming Lounge LLC. making use of the Customer’s Personal Information.

1.7 What happens if Personal Information is not provided?

You can choose not to provide us with your Personal Information. However, this may mean that:

we will not be able to provide you with our Services, or be limited in how we can do so;
we may be unable to process and open an account for you; and/or
we will not be able to properly investigate or resolve any complaint you submit.

2. WHY WE COLLECT, STORE AND USE YOUR PERSONAL INFORMATION

We collect, store and use your Personal Information through lawful and fair means, so we can perform our business activities and functions.

2.1 We also hold Personal Information which we use and/or disclose for purposes other than our primary purposes in point 1.1 (“secondary purposes”). You provide your consent to us storing and using your Personal Information for the following secondary purposes:

for internal operations such as record keeping, database management, data analytics or training;
to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
to manage, research and develop our products and services;
to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
to administer competitions, rewards, surveys, or other promotional activities or events sponsored or managed by us or our business partners;
to communicate with you, including by email; and/or
to verify your identity, investigate any complaints about or submitted by you, or if we have reason to suspect that you are in breach of any of our Terms and Conditions.

2.2 We may also use Personal Information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate:

under applicable law, which may include laws outside your country of residence;
respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; and
to protect our rights, privacy, safety, property, or those of other persons.

2.3 With your consent, we may collect Personal Information about you or from your authorized representatives for the purpose of providing you with our services and marketing other services which we consider may be of interest to you or obtaining your feedback. For example, we may send you service-related emails (e.g., updates of Terms and Conditions, news, technical and security notices, and changes and/or updates to features of our offerings and this Privacy Policy).

3. HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION

3.1 Press Play Battle Arena & Gaming Lounge LLC. generally collect Personal Information from you in accordance with point 2.2.

3.2 We may also collect your Personal Information from third parties including:

service providers;
credit reporting bodies;
marketing companies;
referrals who may have referred you to us; and
organizations with whom we have an agreement to share information for marketing purposes.

3.3 By providing Personal Information to us, you consent to us collecting, using, disclosing and storing your Personal Information in accordance with this Policy. You may choose to deal with us anonymously where it is lawful or practical to do so, such as when you make a general enquiry about our Services. We will allow our Customers to transact with us anonymously or by using a pseudonym wherever that is reasonable and practicable.

3.4 Press Play Battle Arena & Gaming Lounge LLC. may use and disclose the Personal Information it collects for the secondary purposes set out in point 2.2 of this Policy. We may disclose Personal Information, and you consent to us disclosing your Personal Information, to the following parties:

our employees, Related Entities and employees of those entities;
our business partners;
third parties and contractors who provide services to us, including Customer enquiries and support services, manufacturing services, shipping and freight services, debt-recovery functions, information technology service providers, marketing and advertising services;
payment systems operators;
our sponsors or promoters of any competition which we conduct;
any third parties authorized by you to receive information held by us; and
government, regulatory and law enforcement agencies as required, authorized or permitted by law.

3.5 Press Play Battle Arena & Gaming Lounge LLC. will not use or disclose Personal Information about an individual under point 3.4 unless:

(a) both of the following apply:

(i) the secondary purpose is related to the primary purpose of collection and, if the Personal Information is Sensitive Information under point 1.3, directly related to the primary purpose of collection; and

(ii) the individual would reasonably expect Press Play Battle Arena & Gaming Lounge LLC. to use or disclose the information for the secondary purpose- for example, we may disclose your Personal Information to an entity or individual in order to assist us to meet the primary purposes for which we collected your information;

(b) the individual has consented to the use or disclosure;

(c) it is unreasonable or impracticable for Press Play Battle Arena & Gaming Lounge LLC. to obtain the individual’s consent and Press Play Battle Arena & Gaming Lounge LLC. reasonably believes that the use or disclosure is necessary to lessen or prevent:

(i) a serious threat to an individual’s life, health or safety; or

(ii) a serious threat to public health or public safety;

(d) Press Play Battle Arena & Gaming Lounge LLC. has reason to suspect that unlawful activity or misconduct of a serious nature that relates to Press Play Battle Arena & Gaming Lounge LLC.’s activities or functions has been, is being or may be engaged in, and we use or discloses the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities;

(e) Press Play Battle Arena & Gaming Lounge LLC. reasonably believes that the use or disclosure is reasonably necessary to assist an APP entity, body or person to locate a person who has been reported missing;

3.6 We destroy or permanently de-identify Personal Information which is no longer needed for the purpose for which it was collected in accordance with the APP 11.2, unless we are otherwise required or authorized by law to retain the information for a period of time.

4. DATA QUALITY, SECURITY AND THIRD-PARTY INFORMATION

4.1 Data quality Press Play Battle Arena & Gaming Lounge LLC. takes reasonable precautions to ensure that the Personal Information it collects, uses, stores and discloses is accurate, complete, relevant and up to date. However, the accuracy of that information depends to a large extent on the information Customer’s provide. That’s why we recommend that Customers:

let us know if there are any errors in your Personal Information; and
keep us up to date with changes to their Personal Information such as their name or address. The Customer may change their personal details by using the relevant facility on our Sites or by contacting us care of the contact details provided in point 13.

4.2 Data Security We hold your Personal Information in electronic form in secure databases owned and operated by our third-party service providers. We manage the security of your Personal Information by using SSL encryption.

The APP 11.1 requires us to take reasonable steps to protect the Personal Information from misuse, interference and loss, as well as unauthorized access, modification or disclosure. While we take reasonable steps to ensure your Personal Information is protected from loss, misuse, unauthorized access, modification or disclosure by using measures such as firewalls, data encryption, virus detection methods, and password restricted access, security measures over the Internet can never be guaranteed. This means that we cannot guarantee the security of your Personal Information. In the event of a breach, we will attend to the required reporting arrangements. We cannot accept responsibility for the misuse, loss or unauthorized access to, your Personal Information where the security of information is not within our control. In some circumstances, Press Play Battle Arena & Gaming Lounge LLC. will attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies “with information identifying an individual in order to be informative, personal, and as user friendly as possible and this processing helps us to achieve that goal. By providing us your Personal Information under clause 1.2(e), you consent and agree to our cookies-related activities as set out under this clause 4.2.

Press Play Battle Arena & Gaming Lounge LLC. requires its employees and contractors to perform their duties in a manner that is consistent with Press Play Battle Arena & Gaming Lounge LLC.’s legal responsibilities in relation to privacy, including those in this Privacy Policy. We note that we take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know.”

4.3 Third-party information Our Sites may contain links to other websites, apps and social media platforms operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content, on those linked websites, and have no control over or rights in them. The privacy policies that apply to third-party websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.

If you are visiting the Sites from outside United States, please be aware that you are sending information (including Personal Information) to United States where our servers are located. Such information may then be transferred within United States or back out of United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times continue to be governed by this Privacy Policy.

5. NOTIFIABLE DATA BREACHES

If you reside in United States, in the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will take all reasonable steps to contain the suspected or known breach where possible and follow the following process set out in this clause.

We will take immediate steps to limit any further access or distribution where possible. If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guidelines necessary in making this assessment.

If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action, we take is successful in making serious harm no longer likely, then no notification or statement will be made.

Where, following an assessment and undertaking remedial action (if any), we still have reasonable grounds to believe serious harm is likely, as soon as practicable, we will provide a statement to each of the individuals whose data was breached or who are at risk. The statement will contain details of the breach and recommendations of the steps each individual should take.

6. ACCESSING AND CORRECTING PERSONAL INFORMATION

You may Contact Us to correct, delete or update your Personal Information. We may need to obtain proof of your identity before implementing your request and may refuse to provide you with certain information where permitted or required by law.

Press Play Battle Arena & Gaming Lounge LLC. may, in accordance with the APP, refuse to provide the Customer with access to its Personal Information if, for instance, granting the Customer such access would pose a serious threat to the Customer’s life or to the health and safety of any individual or have an unreasonable impact on the privacy of any other individual.

If the Customer believes that the Personal Information, we hold about the Customer is incorrect, incomplete or inaccurate, then the Customer may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that the Customer disagrees with it.

If the Customer:

wishes to lodge a request to access and/or correct its Personal Information; or
has been refused access to its Personal Information by us for any reason described in this Policy and the Customer wishes to challenge that refusal;

the Customer may do so by contacting our Privacy Officer as per the details in point 13 below. The procedure for challenging such a refusal is also set out in point 13 below.

We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a 3-month period.

Where we offer online account management facilities, Customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.

7. MINORS

Press Play Battle Arena & Gaming Lounge LLC. has adopted the position proposed by the State Law that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where Press Play Battle Arena & Gaming Lounge LLC. is aware that it is gathering information from a minor, Press Play Battle Arena & Gaming Lounge LLC. will obtain consent from a legal guardian for the collection of the information. Where this is not possible, Press Play Battle Arena & Gaming Lounge LLC.’s staff will make a determination as to the minor’s understanding of why the Personal Information is being collected, before deciding to collect that information.

8. COMPETITIONS

Personal information gathered during competitions or any other means where your Personal Information is provided to us via one of the Sites run by Press Play Battle Arena & Gaming Lounge LLC. will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition or on the relevant Sites.

9. TRANSFERRING INFORMATION OVERSEAS

If we send personal information overseas, we will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Laws.

We will only transfer Personal Information about an individual to someone who is in a foreign country if:

we reasonably believe that the recipient of the information is subject to a law, or binding scheme, which effectively overall upholds principles for protection of the information that are substantially similar to the United States Privacy Laws, and there are mechanisms that an individual can access to take action to enforce that law or binding scheme;
we have taken such steps as are reasonable in the circumstances to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the United States Privacy Principles; or
the individual has been expressly informed that if they consent to the transfer, paragraph (a) will not apply, and the individual consents to the transfer.

10. DIRECT MARKETING

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) and the Do Not Call Register Act 2006 (Cth). If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so.

In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our website using the link provided on this page (if available). We will then ensure that your name is removed from our mailing list

If you receive communications from us that you believe has been sent to you other than in accordance with this Policy, or in breach of any law, please contact us using the details provided in point 13 below.
 

11. ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

12. CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on these Sites. Your continued use of the Sites will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, collected both before and after any changes take effect, will be subject to the terms of the revised Policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting the office Press Play Battle Arena & Gaming Lounge LLC.’s Privacy Officer as per the details in point 13. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.

13. CONTACT US AND OPT OUT

If you have any feedback or questions about this Privacy Policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact Press Play Battle Arena & Gaming Lounge LLC.’s leadership, care of the following details:

Press Play Leadership (Manager & CEO) Privacy Officer(s)
Press Play Battle Arena & Gaming Lounge LLC.
1004 E. Main St.
Brownsburg, IN. 46112
Email: info@pressplaylounge.com

Once the Privacy Officer receives a complaint from you, the Privacy Officer will within a reasonable time after receiving the complaint begin investigating the complaint. In investigating the complaint, the officer may use additional resources within our organization to determine the nature of the complaint. We may contact you during this investigation if necessary. If a breach is found, the Privacy Officer will escalate the matter to management to ensure that the process which caused the breach is remedied. We will also contact you to inform you of the outcome of the investigation within a reasonable time after the conclusion of the same. We will treat your complaint during the investigation period confidentially and aim to resolve your complaint in a timely fashion and a satisfactory manner.

You may notify us at any time that you do not wish to receive marketing or promotional material by contacting us directly or through the “Unsubscribe” mechanism in our marketing or promotional emails. Our contact details can be found above.

© 2020 PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. ALL RIGHTS RESERVED.

This Privacy Policy was last updated on 1 January 2020.

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Please fill in the information below to complete your liability waiver.

Please note that you must be at least 18 years old in order to sign a liability waiver. If you are not 18 years old, please ask your parent or legal guardian to complete this process. 


Review Press Play Gaming Lounge Privacy Policy

Participant Agreement, Release and Assumption of Risk (The Agreement) – Press Play Battle Arena & Gaming Lounge LLC.

This waiver for Press Play Battle Arena & Gaming Lounge LLC., includes the following activities:

  • NERF/FOAM WARS
  • ARCADE CORNER
  • VIRTUAL REALITY
  • XBOX/PS4 GAMING
  • 3-POINT CHALLENGE BASKETBALL

I am agreeing to participate, or have my child participate, in an activity known as “Foam Wars” where individuals fire Nerf weapons at each other in an area with certain obstacles and barriers. I am also agreeing to participate or have my child participate in activities regarding areas known as ”Arcade Corner”, “VR @ Press Play” (Virtual Reality) and “XBOX/PS4” (VR) Gaming, and the "3-Point Challenge" and although serious injury can occur in many forms, the three greatest injury potentials associated with this activity are eye injuries, slipping and falling, or running into another participant. For "Foam Wars", all participants are given eye protection and specifically instructed that at no time is the eye protection to be removed within the Foam Wars Arena. There are numerous signs throughout the facility specifically directing that all participants must have eye protection on at all times when in the Foam Wars Arena and all participants must adhere to the written rules posted at the facility. The activity is also monitored by an employee of PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. to ensure the participants are following the written rules openly posted at the facility. I, the undersigned participant or parent/legal guardian of a minor if the participant is under the age of 18, acknowledge and fully understand that I or the minor participant will be engaging in activities that involve risk of serious injury. I hereby agree to follow all oral instruction and written rules at all times. In the case of minor participants, I will ensure that any minor children accompanying me follow all oral instruction and written rules at all times. If I am giving consent to my minor and I am not there, I will make sure my minor child is instructed to follow all oral instruction and written rules at all times. With regard to any injury occurring on the property, I hereby release and discharge PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. from all legal liability. This release includes PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event. Any parent signing for a minor child hereby agrees to indemnify and hold harmless PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event from any claims by a non-signing parent/legal guardian. I agree to hold harmless and indemnify PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. from all legal liability, claims, damages, or injury which may result from activities on the premises, including the actions of other participants. I have read this Release of Liability document and agree to its terms and conditions.

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as "Child", to use the Press Play Gaming Lounge facility and equipment located at 1004 W. Main St., Indianapolis, IN. 46112. In consideration for being allowed to use said facilities and equipment, and any other services provided by Press Play Battle Arena & Gaming Lounge LLC. or its employees or agents at said location, or any other location within the State of Indiana, I – on behalf of myself, my Child, or any other person under my supervision or control - represent, acknowledge and agree as follows:

GENERAL RELEASE
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Press Play Battle Arena & Gaming Lounge LLC., , and their respective and collective agents, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, " Press Play Battle Arena & Gaming Lounge LLC."). I acknowledge and agree that the terms and conditions in this Agreement shall apply to adult and minor participants and/or observers alike.

DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree that I am executing this Agreement as consideration for participating in Nerf or VR gaming and related activities. The use of Nerf like guns, VR, gaming or 3-Point Challenge Basketball and other equipment at the Press Play Battle Arena & Gaming Lounge Facility and that participating in these activities can sometimes be dangerous. These risks include serious physical or emotional injury, including but not limited to burns, scrapes, cuts, bruises, dislocations, sprains, fractures, pinches, concussion, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the gaming activities that take place at the Press Play Battle Arena & Gaming Lounge Facility are monitored generally by Press Play Battle Arena & Gaming Lounge employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Press Play Battle Arena & Gaming Lounge Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

SPECIFIC RELEASE FOR "THEMED" ACTIVITIES

I acknowledge that the Press Play Battle Arena & Gaming Lounge Facility may at any time engage in a promotion referred to as "FOAM WARS or VR", also "3-Point Challenge" and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to "FOAM WARS, VR or 3-POINT BASKETBALL" activities, and the other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Child may choose not to participate in such activities. I acknowledge and agree that I and the Child may participate voluntarily in the "FOAM WARS, VR OR 3-POINT BASKETBALL" and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.

VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Press Play Battle Arena & Gaming Lounge Facility employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Press Play Battle Arena & Gaming Lounge is not responsible for the actions or activities of customers using the Press Play Battle Arena & Gaming Lounge Facility or the negligence of its employees in supervising the Press Play Battle Arena & Gaming Lounge Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:

a) Participants may die or become paralyzed, partially or fully, through their use of the Press Play Battle Arena & Gaming Lounge facility and participation in Press Play Battle Arena & Gaming Lounge activities.

b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Press Play Battle Arena & Gaming Lounge Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling in the battle arena(s) or on other equipment, landing improperly on other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

c) Participants may fall on each other, resulting in broken bones and other serious injuries. The arenas can sometimes have up to 15 people and there could be flipping, running and bouncing off of the walls or falling off platforms and other participant body movements (whether planned or unplanned) can cause physical injury and can create a rebound effect leading to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.

e) Observing, standing, sitting or taking photographs at or near any FOAM WAR or VR or BASKETBALL activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).

f) Participation during reduced or altered “Foam War or VR lighting events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other people, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.

AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Press Play Battle Arena & Gaming Lounge Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Press Play Battle Arena & Gaming Lounge Facility, such assistance shall be at my own expense.

RELEASE OF LIABILITY

The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Press Play Battle Arena & Gaming Lounge, and their successors, predecessors-in-interest, and insurers (collectively, the “Releases") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Press Play Battle Arena & Gaming Lounge, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Press Play Battle Arena & Gaming Lounge Facility, the condition, maintenance, inspection, supervision, control or security of the Press Play Battle Arena & Gaming Lounge Facility, the failure to warn of dangerous conditions in connection with the Press Play Battle Arena & Gaming Lounge, and/or the acts or omissions of Press Play Battle Arena & Gaming Lounge or any of the Releasees, including, without limitation, any claim alleging negligent ac(s) or omission(s) of Releasees.

This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the equipment and all activities and games at the Press Play Battle Arena & Gaming Lounge Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Press Play Battle Arena & Gaming Lounge Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.

I understand and fully acknowledge and agree that all of the risks identified herein, and any other risks associated with use of the Press Play Battle Arena & Gaming Lounge facility and its equipment are sometimes beyond the control of the Releasees. I agree and acknowledge that should Press Play Battle Arena & Gaming Lounge or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Press Play Battle Arena & Gaming Lounge and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Press Play Battle Arena & Gaming Lounge and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Press Play Battle Arena & Gaming Lounge and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE PRESS PLAY BATTLE ARENA AND GAMING LOUNGE LLC.  PREMISES AND/OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BREACH OF CONTRACT, AND/OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE PRESS PLAY BATTLE ARENA AND GAMING LOUNG LLC. FACILITY, INDIANA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES, AS WELL AS APPLICABLE JAMS APPELLATE RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Indiana, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness, as well as applicable JAMS Appellate Rules.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my and the Child’s use of the Press Play Battle Arena & Gaming Lounge Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means ("Recordings"). I hereby consent to and authorize Press Play Battle Arena & Gaming Lounge and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Press Play Battle Arena & Gaming Lounge Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.

TERM OF AGREEMENT

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Press Play Battle Arena & Gaming Lounge, whether at the current location or any other location or facility.

SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:

a) You acknowledge that there are inherent risks in the participation in or on any and all activities at the Press Play Battle Arena & Gaming Lounge Facility, and that such risks include not only the use of gaming and Nerf or VR gaming OR BASKETBALL equipment, but other activities and equipment. Patrons of Press Play Battle Arena & Gaming Lounge who use Nerf or VR gaming equipment, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the Nerf Guns, VR, BASKETBALL and Arcade gaming and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

b) You have a duty to not participate in any activity on any Nerf/VR/BASKETBALL gaming equipment or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.

c) You have a duty to properly use all safety equipment provided, whether for the battle arenas or VR gaming/BASKETBALL, or otherwise.

d) You have a duty to not participate in any activity or battle arena or VR gaming, OR BASKETBALL equipment, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.

e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

f) You have a duty to avoid bodily contact with other patrons.

g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity, whether involving the use of Nerf guns/VR equipment, or otherwise.

h) You have a duty to avoid crowding or overloading individual sections of the Press Play Battle Arena & Gaming Lounge, or other equipment.

i) You have a duty to use the Nerf Guns/VR/Basketball equipment, and other equipment, within your own limitations, training and acquired skills.

j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when participating in Nerf/Foam Wars/Basketball gaming activities, or elsewhere, whether involving Press Play equipment, other equipment, or otherwise.

ACKNOWLEDGEMENT OF RULES AND WARNINGS

I acknowledge that many warnings, rules, policies, and patron education signs are posted in the facility, and that I have had the opportunity to read and understand the same prior to participating in activities at Press Play Battle Arena & Gaming Lounge. I further acknowledge that I will not participate in activities at Press Play Battle Arena & Gaming Lounge unless I have heard and fully understood the Rules Speech given to me, or each Child as applicable. I agree to follow and obey all posted and stated warnings, rules, policies, and patron education signs. I further agree that, as applicable, prior to each Child utilizing Press Play Battle Arena & Gaming Lounge facilities or equipment, I will ensure each Child has heard and understands all safety rules, warnings, and patron education and shall assume all responsibility for their compliance therewith.

I would like to receive email promotions, discounts, and other advertisements from Press Play Battle Arena & Gaming Lounge and its partners at the email address provided below. I may unsubscribe at any time.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Press Play Battle Arena & Gaming Lounge Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Press Play Battle Arena & Gaming Lounge and me relating to the Child’s and my use of the Press Play Battle Arena & Gaming Lounge Facility. There are no other agreements – oral, written, or implied – or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.

By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Press Play Battle Arena & Gaming Lounge. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the "Releasing Parties").

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC.  RELATED ENTITY. 

I Agree
 October 26, 2021

Click "Initial" to sign.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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Tenth Participant's Date of Birth*
Participant's Address
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Street address, P.O. box, company name, c/o
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Emergency Contact

Emergency Contact's Name*

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Press Play Battle Arena & Gaming Lounge Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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