NIGHTWAVE ARCADE – TERMS AND CONDITIONS AND LIABILITY WAIVER

Operated by Grand Gadzookery Games Inc.
Address: 2020 32 Ave NE, Unit R, Calgary, Alberta, T2E 9A7
Effective Date: October 17, 2025

1. DEFINITIONS

For the purposes of this Agreement:
(a) “Nightwave Arcade” refers to Grand Gadzookery Games Inc., its officers, directors, employees, agents, assigns, representatives, and affiliates.
(b) “Participant” or “Releasor” refers to any individual who enters the premises, participates in activities, or utilizes equipment or services at Nightwave Arcade.
(c) “Activities” include, but are not limited to, the use of virtual-reality systems, arcade machines, pinball machines, gaming stations, party areas, and any other entertainment or related services provided by Nightwave Arcade.

2. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

The Participant acknowledges and agrees that participation in the Activities involves inherent risks of physical injury, motion sickness, disorientation, and other potential hazards associated with the use of electronic gaming and virtual-reality equipment. The Participant voluntarily assumes all such risks and accepts sole responsibility for any injury, loss, or damage resulting from participation in the Activities, whether caused by negligence of Nightwave Arcade or otherwise.

3. RELEASE OF LIABILITY AND WAIVER OF CLAIMS

In consideration of being permitted to enter and participate in the Activities, the Participant, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby waives, releases, and forever discharges Grand Gadzookery Games Inc., its owners, officers, directors, employees, agents, contractors, successors, and assigns (collectively the “Releasees”) from any and all claims, demands, damages, actions, or causes of action arising out of or in connection with participation in the Activities or use of equipment, including but not limited to any injury, loss, or damage to person or property, whether caused wholly or in part by the negligence of the Releasees.

This waiver excludes only liability arising directly from acts or omissions constituting gross negligence or intentional misconduct under applicable Alberta law.

This waiver shall remain valid and in full force for a period of twelve (12) months from the date of signature and shall apply to all future visits within that period unless revoked in writing and acknowledged by management.

4. EQUIPMENT USE AND DAMAGE RESPONSIBILITY

(a) The Participant agrees to operate and handle all equipment, including VR headsets, controllers, arcade machines, and pinball machines, in a careful and responsible manner and only as instructed by staff.
(b) The Participant shall be liable for any damage, destruction, or loss of equipment caused by negligence, misuse, abuse, tampering, or failure to comply with posted or verbal instructions.
(c) The Participant agrees to reimburse Nightwave Arcade for all repair or replacement costs as reasonably determined by management or by the equipment’s owner.
(d) Pinball machines located on the premises are privately owned; misuse including striking, kicking, excessive tilting, or spilling liquids shall result in full financial responsibility for repair or replacement as assessed by the owner and verified repair professionals.
(e) The Participant agrees to immediately report any malfunction, damage, or irregularity observed prior to or during use of any equipment.

5. CONDUCT AND SAFETY REGULATIONS

(a) The Participant agrees to comply with all posted rules, verbal instructions, and safety guidelines provided by Nightwave Arcade staff.
(b) The Participant shall refrain from running, horseplay, or any conduct that endangers the safety or enjoyment of others.
(c) Food and beverages shall not be brought near VR or arcade equipment except in areas specifically designated by Nightwave Arcade.
(d) Nightwave Arcade reserves the right to refuse entry, remove, or deny continued service to any person for disruptive, unsafe, or inappropriate behavior, without refund or compensation.

6. BOOKINGS, PAYMENTS, AND CANCELLATIONS

(a) A non-refundable deposit of fifty percent (50%) of the total booking cost is required for all group reservations of six (6) or more participants.
(b) Cancellations made less than forty-eight (48) hours prior to the scheduled booking time will forfeit the deposit.
(c) Bookings may be rescheduled with a minimum of forty-eight (48) hours’ notice, subject to availability, at no additional cost.
(d) Refunds shall only be issued in the event of cancellation initiated by Nightwave Arcade or due to a technical failure preventing the fulfillment of services.
(e) Nightwave Arcade reserves the right to refuse bookings or modify reservations at its discretion.

7. MINORS AND PARENTAL CONSENT

(a) Participants under the age of eighteen (18) years must have this Agreement signed by a parent or legal guardian prior to participation.
(b) Children under twelve (12) years of age must be supervised by a parent, guardian, or responsible adult at all times while on the premises.
(c) The parent or guardian signing on behalf of a minor accepts full legal responsibility for the minor’s participation and for any resulting injury or property damage.

8. MEDIA AND MARKETING RELEASE

The Participant grants Grand Gadzookery Games Inc. the irrevocable right to photograph, record, or film their likeness, voice, and activities while on the premises, and to use such materials for advertising, promotional, or lawful business purposes in any medium without further consent or compensation. Participants who prefer not to be recorded must inform Nightwave staff prior to participation.

9. PERSONAL PROPERTY

Nightwave Arcade is not responsible for any lost, stolen, or damaged personal property brought onto the premises. The safekeeping of personal belongings is solely the responsibility of the Participant.

10. ALCOHOL SERVICE AND INTOXICATION POLICY

(a) Alcoholic beverages may be served in designated areas under Nightwave Arcade’s AGLC Class B license.
(b) Alcohol may not be consumed outside these designated areas.
(c) Nightwave Arcade reserves the right to refuse service to, or remove from the premises, any individual who appears intoxicated or impaired.
(d) The possession or consumption of outside alcohol on the premises is strictly prohibited.

11. RIGHT TO REFUSE ENTRY OR SERVICE

Nightwave Arcade reserves the right to deny access to any individual or group for any lawful reason, including but not limited to safety concerns, property damage, or failure to comply with this Agreement. In such cases, no refunds or credits shall be issued.

12. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable laws of Canada. The Participant agrees that any dispute arising hereunder shall be submitted exclusively to the jurisdiction of the courts of Alberta.

13. ENTIRE AGREEMENT

This document constitutes the entire agreement between the Participant and Grand Gadzookery Games Inc. concerning participation in the Activities and supersedes all prior oral or written representations. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

14. ACKNOWLEDGMENT OF UNDERSTANDING

By signing below, the Participant acknowledges that they have carefully read and fully understand this Agreement, voluntarily accept its terms, and understand that they are waiving certain legal rights, including the right to sue for damages arising from negligence.