ChuggerKnights® WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

1. TERMS:

1.1. Manufacturer/Distributor refers to the entity responsible for designing, manufacturing, or distributing ChuggerKnights® game (the “Game”).
1.2. Seller/Online Retailer refers to the entity responsible for selling the Game online.
1.3. Restaurant/Bar/Establishment refers to the establishment that has purchased and set up the Game for use within their premises.
1.4. Game Organizer/Staff refers to the individuals employed by the Restaurant/ Bar/Establishment or designated by the Participants to oversee the gameplay of the Game, provide instructions, and ensure adherence to safety instructions.
1.5. Participants refers to the end user who plays the Game, whether purchased by a Restaurant/Bar/Establishment or individuals online.

2. LEGAL DISCLAIMER:

PARTICIPATION AGREEMENT. You, the Participant, the end-user of this ChuggerKnights® Game’s product(s), including every other user and participant with whom you may engage in ChuggerKnights® Game activities, acknowledge that you shall abide by and be bound by all terms of this agreement and will comply with all laws while participating in ChuggerKnights® Game activities. By engaging in ChuggerKnights® Game activities you are waiving important legal rights, and you should not engage in ChuggerKnights® Game activities unless you agree to fully abide by all terms herein. Participants shall take full responsibility for their actions and should carefully follow all safety instructions and warnings provided with the Game. It is the responsibility of the Participants to assess and manage any risks associated with the ChuggerKnights® Game and to play in a responsible manner. While we know that alcohol may be involved in your Game, it is not required to have fun with the Game. The Game is intended for entertainment purposes of responsible adults of legal drinking age and there should not be any underage drinking when playing the Game, or at Restaurant/Bar/Establishments where the Games may be played. We do not support, or recommend - and we discourage –excessive drinking or driving or operating any machinery or equipment, all of which can be damaging to your health and safety and the health and safety of others. It is not the intent of anyone associated with Chuggernauts, LLC to promote misuse of alcohol, alcoholism, binge drinking or any other form of alcohol abuse. Chuggernauts, LLC does not take any responsibility for any effects or harm caused by the consumption of alcohol when playing the Game. According to the Surgeon General of the United States (1) women should not drink alcoholic beverages during pregnancy because of the risk of birth defects and (2) consumption of alcoholic beverages impairs your ability to operate machinery and may cause health problems.
ASSUMPTION OF RISK. You, the Participant, understand that engaging in ChuggerKnights® Game activities inherently involves risks and may result in personal or bodily injury and other social and economic losses associated therewith. Further, there may be other risks not known and not reasonably foreseeable at this time. You, the Participant, are aware of the potential risks associated with these ChuggerKnights® Game activities, which include the possibility of serious injury and/or death. You, the Participant, hereby assumes full responsibility and voluntarily assume all risk for all damages, injuries, and losses that you and any other party with whom you may engage in the use of this ChuggerKnights® Game product(s), may sustain or incur in connection with or relating to engaging in ChuggerKnights® Game activities.
RELEASE AND WAIVER. In consideration of being allowed to purchase and use the ChuggerKnights® Game product(s), you the purchasing Participant, end-user, and every other user or Participant in ChuggerKnights® Game activities hereby fully and completely RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE Chuggernauts, LLC, the Seller/Online Retailer of this ChuggerKnights® Game product(s), and Manufacturer/Distributor, together with its respective parents, subsidiaries, affiliates, officers, members, employees, agents, contractors, and representatives (collectively, the “Releasees”), from any liability for all claims, demands, losses, expenses or damages on account of damage to property or physical injury caused or alleged to be caused in whole or in part by participating in ChuggerKnights® Game activities.
The Manufacturer/Distributor of the ChuggerKnights® Game product(s), Chuggernauts, LLC and Seller/Online Retailer shall not be held liable for any damages, injuries, or accidents that may occur as a result of improper use, negligence, or failure to adhere to the provided safety instructions of the Game or the ChuggerKnights® Game product(s). The Restaurant/Bar/Establishment and its Game Organizers/Staff shall not be held liable for any negligence, misuse, or failure to adhere to the safety instructions provided by the Participants to the Restaurant/Bar/Establishment and its Game Organizers/Staff.
INDEMNIFICATION. You, the Participant, further agree that if you, as the end-user/ consumer, or anyone on your behalf, or any other party with whom you have voluntarily engaged in ChuggerKnights® Game activities, makes a claim against one of the Releasees as a result of any activities relating to the use of the ChuggerKnights® Game product(s), YOU SHALL INDEMNIFY, REIMBURSE, and FOREVER HOLD HARMLESS the Releasees from all injuries, costs, damages, causes of action, claims and any consequential and incidental damages, including attorney fees, arising out of or resulting from any injury, death, or damage to property which you or any other user with whom you engage in ChuggerKnights® Game activities may sustain or cause as a result of your/their use of this ChuggerKnights® Game or any alcohol consumption involved in the Game.
MISCELLANEOUS. The waivers contained herein may not be modified in any way. If any part of this waiver is determined to be invalid by any legal body with jurisdiction thereof, all other parts of this waiver will continue to remain valid and enforceable. YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ARE AWARE THAT BY USING THIS ChuggerKnights® GAME PRODUCT(S) YOU ARE WAIVING IMPORTANT LEGAL RIGHTS AND INTEND THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY ACCRUING TO CHUGGERNAUTS, LLC, SELLER/ONLINE RETAILER AND MANUFACTURER/DISTRIBUTOR OF THE ChuggerKnights® GAME PRODUCT(S) TO THE GREATEST EXTENT PERMITTED BY LAW.