The Nightwave Code (Short Form)
This is a plain-language summary. It does not replace the full legal agreement below.
By entering the premises, you agree to both the Short Form and the Full Terms.
ENTRY = ACCEPTANCE
Entering the premises constitutes acceptance of all Terms & Conditions, including assumption of risk, release of liability, and financial responsibility for damage.
ASSUMPTION OF RISK
Arcade games, pinball machines, VR systems, lighting effects, and physical movement within the venue involve inherent risks.
By entering and participating, you voluntarily assume all risks associated with presence on the premises and use of equipment.
EQUIPMENT DAMAGE = YOUR RESPONSIBILITY
All arcade machines, pinball machines, VR equipment, furniture, and fixtures are commercial assets.
You are financially responsible for any damage, destruction, malfunction, or loss caused directly or indirectly by:
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Negligence, Misuse or abuse, Excessive force, Tampering, Spilling food or beverages, Failure to follow instructions, Intoxication, Reckless or intentional conduct
If damage occurs, you may be required to pay for:
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Parts, Labour, Technician service calls, Shipping, Lost revenue during downtime, Full replacement value if repair is not feasible
Responsibility attaches upon entry and use.
MINORS
Participants under 18 require parental or guardian consent.
Parents or guardians are jointly and severally liable for any injury or property damage caused by a minor.
Children under 12 must be supervised at all times.
CONDUCT
Participants must follow all posted rules and staff instructions.
Unsafe or disruptive behavior may result in removal without refund.
PERSONAL PROPERTY
Nightwave Arcade is not responsible for lost, stolen, or damaged personal items.
ALCOHOL
Alcohol is permitted only in designated areas.
No outside alcohol.
Intoxicated guests may be refused service or removed.
FULL TERMS GOVERN
This summary is provided for convenience only.
The complete legally binding Terms & Conditions and Liability Waiver below govern all entry, participation, and disputes.
NIGHTWAVE ARCADE – FULL 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
0. ACCEPTANCE OF TERMS BY ENTRY
By entering the premises of Nightwave Arcade, the Participant acknowledges and agrees that they have read, understood, and accepted these Terms and Conditions in full. Entry onto the premises constitutes binding acceptance of this Agreement, whether or not the Participant signs a physical or electronic copy.
If a Participant does not agree to these Terms, they must not enter or remain on the premises.
For minors, a parent or legal guardian is deemed to accept these Terms on the minor’s behalf by permitting the minor to enter the premises.
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 the premises 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 entry onto the premises, participation in the Activities, or use of any equipment, including but not limited to 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 acknowledges that all arcade machines, pinball machines, VR systems, furniture, fixtures, and related equipment on the premises are valuable commercial assets and must be handled with reasonable care at all times.
(b) The Participant accepts full financial responsibility for any damage, destruction, alteration, malfunction, or loss of equipment or property caused directly or indirectly by:
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Negligence
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Misuse
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Abuse
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Excessive force
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Tampering
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Spillage of food or beverages
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Failure to follow posted or verbal instructions
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Intoxication
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Reckless or intentional conduct
(c) Responsibility for damage attaches immediately upon entry and use of the premises. Participation in Activities constitutes acceptance of liability for improper handling of equipment.
(d) The Participant agrees to reimburse Nightwave Arcade or the equipment’s lawful owner for the full cost of repair, parts, labour, shipping, technician service calls, loss of revenue during downtime, or full replacement value if repair is not feasible.
(e) Pinball machines located on the premises may be privately owned. Striking, kicking, lifting, shaking, excessive tilting, or physically impacting a machine beyond normal gameplay shall result in immediate removal from the premises and full financial responsibility for all resulting repair or replacement costs as assessed by qualified repair professionals.
(f) Where damage is caused by a minor, the parent or legal guardian present on the premises accepts full joint and several liability for all repair or replacement costs.
(g) Nightwave Arcade reserves the right to charge the card on file, invoice the responsible party, or pursue legal recovery of damages where necessary.
(h) The Participant agrees to immediately report any observed malfunction or pre-existing damage before use. Failure to report visible damage prior to use may result in presumed responsibility.
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.
(e) Any conduct that risks damage to equipment, including aggressive play, slamming controls, lifting or striking machines, or placing drinks on machines, is strictly prohibited and constitutes acceptance of liability for resulting damage.
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
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.