Waiver of Liability and Release for use of Play the Pros & RibeeVR
I hereby acknowledge and agree that participation in Play the Pros and/or RibeeVR, a virtual reality baseball platform, has inherent risks. In consideration of the products and services provided by Monsterful Partners, Inc., their agents, officers, participants, consultants, instructors, employees and all persons or entities acting in any capacity on their behalf including but not limited to, any applicable team, stadium or other venue (hereinafter referred to as “Monsterful”) I now agree and certify as follows:
1. I acknowledge and fully understand that I, the participant (if participant is 18 years of age or older) or if the participant is under 18, I as the parent/legal guardian of the listed minor participant agree that this agreement is made on behalf of the minor participant and in my capacity as the minor’s parent/legal guardian acknowledge that my minor, will be engaging in activities that involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by Monsterful or another entity; acts of other participants in this activity, employees or agents of Monsterful or others; my own physical condition, acts of omissions; conditions of Monsterful facility and surrounding grounds or terrain and accidents connected with their use; acts of first aid emergency treatment workers or providers of other services.
2. I expressly agree and promise to accept and assume all the risks existing in this activity, including, but not limited to those described above. My participation in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury.
3. On behalf of myself, my children, my parents, my heirs, assigns, and my personal representative, I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless, including attorneys’ fees and costs, Monsterful, the MLB, the MLB Players Association, the team and the stadium, or other venue and each of their respective directors, agents, and other employees, its parent, subsidiaries, affiliate, employees, distributors and agents, other Play the Pros and/or RibeeVR participants, and if applicable, operator or lessors of premises used to conduce the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of Play the Pros and/or RibeeVR equipment or facilities.
4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18. I hereby provide Monsterful permission to administer basic first aid and I authorize Play the Pros and/or RibeeVR or its agents or employees to contact 911 or other emergency personnel as needed.
6. I hereby certify that I have been given the Rules & Regulations for Play the Pros and/or RibeeVR use and will adhere to them.
7. I do hereby give Monsterful its assigns, licensees, and legal representatives the perpetual, irrevocable, royalty free, worldwide right to use photographs, audio-only, video, or other footage or images of me or my likeness or other information identifying me in all forms and media and in all manners, including composite, for advertising or marketing, for publication, promotion, merchandising, trade or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith. I hereby waive any right to any additional compensation therefore, including but not limited to, any excerpt and/or reuse fees and/or residual payments. For the avoidance of doubt, if I am a parent or legal guardian of a minor, the rights granted under this paragraph shall only apply to the extent consistent with the consents granted by me under the “Notice of Collection, Use and Disclosure of Your Child’s Personal Information” form.
8. I do hereby agree that all terms contained in this agreement shall remain in full force and effect during my current or subsequent participation in and use of Play the Pros and/or RibeeVR and in perpetuity thereafter.
9. The substantive law of New York shall apply to this agreement without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
10. I hereby waive my right to trial by jury and agree that any controversy between the parties hereto involving any claim arising out of or related to this agreement shall be submitted to and be settled by final and binding arbitration in New York County before one arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. I understand that this agreement shall apply every time I visit Play the Pros and/or RibeeVR, whether at the current location or any other location or facility. I waive all rights to participate in any class action. The requirement to arbitrate shall not apply to claims regarding intellectual property rights or injunctive relief or to any individual claims that are properly brought in (and within the jurisdiction of) small claims court.
By signing this agreement, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a judge or arbitrator may find me to have waived my right to maintain a lawsuit against Monsterful and each of the parties listed in Paragraph 3 above on the basis of any claim from which I have released them by this agreement.
I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE AGREEMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR DRIVER’S LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY IDENTITY AND YOUR DATE OF BIRTH/AGE.
IF THE PARTICIPANT IS A MINOR, I HEREBY CERTIFY THAT I AM THE PARENT AND/OR GUARDIAN OF SUCH PARTICIPANT AND I HEREBY MAKE THIS AGREEMENT ON BEHALF OF SUCH MINOR AND AGREE THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND THE MINOR PERSON WHO I HAVE AUTHORIZED TO PARTICIPATE IN THIS PROGRAM/ACTIVITY.
BY CHECKING A BOX THAT STATES “I AGREE” OR PRESSING THE ACCEPT BUTTON, OR BY USING PLAY THE PROS AND/OR RIBBIEVR, OR ANY PORTION THEREOF, WHICHEVER IS THE FIRST TO OCCUR, YOU ARE AGREEING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. This Agreement, together with any additional terms provided to you (“You” or “Your”) in using Play The Pros and/or RibeeVR (collectively, “Additional Terms”), which may be amended from time to time, is a legal agreement between Monsterful and You that governs Your access to and use of the Product(s) and fan experience. For clarity, the terms and conditions You have agreed to under any Additional Terms are in addition to and not in lieu of the terms and conditions under this Agreement. In addition, this Agreement and any Additional Terms may be changed from time to time, provided we will provide you with notice of any material changes. Your continued use of the Products after such changes conclusively demonstrates your acceptance of those changes.
1. Eligibility. By using the Products, You represent and warrant that a) You are 18 years of age or older (or agreeing as the parent or guardian for someone under 18 years of age) and otherwise competent to be contractually bound by this Agreement, and b) Your use of the Products does not violate any applicable law or regulation.
3. Fees. You acknowledge that Monsterful reserves the right to charge fees for the use of the Products and to change such fees from time to time in its sole discretion. If Monsterful terminates Your use of the Products because You have breached this Agreement You shall not be entitled to any refund of any unused portion of such fees.
4. Right to Terminate the Agreement. You may terminate the license at any time for any reason, for example, if You disagree with the then-current Agreement, by immediately stopping use of the Product and notifying Monsterful of Your intention to terminate by emailing [email protected] Please note that termination is Your sole and exclusive remedy and You are not entitled to a refund of any kind, and Your termination of the license shall not terminate the other terms of this Agreement or you obligations under this Agreement.
5. Product Description. Play the Pros and/or RibeeVR is a virtual reality interactive baseball performance product comprised of, without limitation, computer code, data, graphics, video, sound effects, music, text, characters, content, design elements, and other information comprised, accessed from or related to the Product. The Rhino applications allow users to interact with Play the Pros and/or RibeeVR.
7. Hardware. The Play the Pros and/or RibeeVR hardware is owned by Monsterful, and all intellectual property and technology incorporated in or used by the hardware is owned or licensed to Monsterful, and this Agreement grants You the right to use the hardware and its incorporated intellectual property solely during Your licensed use of Play the Pros and/or RibeeVR. For the avoidance of doubt, a buyer who purchases a Product shall own the physical hardware; however, Monsterful and its licensors shall own all intellectual property and technology incorporated into the physical hardware.
8. License Grant. During the term of this Agreement and conditioned upon Your full compliance with all the terms and conditions of this Agreement, Monsterful grants to You a limited, non-sublicensable, non-transferable, non-exclusive, license to use the Software only when using Play the Pros and/or RibeeVR.
9. License Limitations. The license granted in Section 8 is conditioned upon Your compliance with the following limitations. You are not permitted to:
a) Work around any technical limitations in the Software or to use the Software in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in the Software;
b) Reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software, except and only to the extent that applicable law expressly permits, despite this limitation;
c) Modify or make any derivative works of the Software, in whole or in part;
d) Remove any proprietary notices or labels on the Software or any copy thereof;
e) Use the Software to infringe the rights of Monsterful, its affiliates, or any third party or in any way that does not comply with all applicable laws;
f) Publish, rent, lease, lend, or sublicense the Software;
g) Distribute, transfer, disclose or otherwise provide the Software to any third party;
h) Use the Software in connection with a commercial purpose unless You have purchased or leased a Monsterful enterprise or business model; or
i) Make any use of the Software in any manner not permitted by this Agreement.
10. Reservation of Rights and Ownership. Monsterful, its affiliates and its licensors and suppliers own the title, copyright, and other intellectual property rights in the game Play the Pros and/or RibeeVR and its Software (and all rights embodied therein) and reserve all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. The Software and Play the Pros and/or RibeeVR may contain services or products provided by third parties (“Third-Party Terms”). Your use of the Software and Play the Pros and/or RibeeVR is subject to any Third-Party Terms. This Agreement does not grant You any license, right, title or interest in third party services or products, which may require You to enter into agreements between You and a third party. It is up to You to review and determine the acceptability of any third party agreement. In the event of a conflict between this Agreement and any Third-Party Terms, this Agreement will govern. Any company names, product names, service names and logos referenced in connection with the Software may be the trademarks of their respective owners.
11. Proprietary Rights in Content on Monsterful. All content accessible via Monsterful Products (including without limitation the identity of customers, sponsors and affiliates of Monsterful) (collectively, “Monsterful Content”) is protected by copyright, trademark, patent, trade secret and other laws, and Monsterful owns or has the right to use or license and retains all rights to Monsterful Content and Products. Except as otherwise set forth herein or elsewhere within Monsterful Services, Monsterful hereby grants You a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display only photos and descriptions of Your Monsterful Experience solely on a noncommercial basis for Your personal use and for posting about Your experience on social media platforms. This right excludes any access to Monsterful software code or proprietary information of any kind. Monsterful Services contains content of other persons and entities including customers, sponsors, affiliates, and other Monsterful licensors. Except for content generated by You as permitted above, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Monsterful Services.
12. Reservation of Rights and Ownership. Monsterful owns the title, or has the license to copyright, and other intellectual property rights to its Software (and all rights embodied therein) and owns or has the license to its hardware, and reserves all rights not expressly granted to You in this Agreement.
13. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND MONSTERFUL CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. MONSTERFUL AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, MONSTERFUL, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SOFTWARE AND/OR MONSTERFUL CONTENT: (A) WILL MEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL CONTENT AND OTHER MATERIAL YOU OBTAIN THROUGH THE SOFTWARE AND/OR MONSTERFUL CONTENT IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. INSTALLATION OF THE SOFTWARE MAY AFFECT THIRD-PARTY SOFTWARE, APPLICATIONS, DEVICES OR SERVICES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS AGREEMENT BUT MONSTERFUL’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
14. Admission. Monsterful reserves the right without refund or compensation to refuse admission to any persons whose conduct is disorderly or unbecoming or for any other legally permitted reason.
15. Right to Search. The participant agrees to submit to any search for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances.
16. Limitation of Liability. EXCEPT AS EXPRESSLY PROHIBITED OR LIMITED BY LAW, IN NO EVENT WILL MONSTERFUL, ITS LICENSORS, AND THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; DIRECT; INDIRECT; PUNITIVE DAMAGES; EXEMPLARY OR OTHER DAMAGES; FOR LOSS OF PROFITS, REVENUES, INCOME, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; STRICT LIABILITY; AND OTHER TORTS, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, USE OF MONSTERFUL’S CONTENT, SOFTWARE OR HARDWARE OR EQUIPMENT (INCLUDING BUT NOT LIMITED TO A BAT AND VR HEADSET), YOUR USE OF PLAY THE PROS AND/OR RIBEEVR, EVEN IF MONSTERFUL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SHALL BEAR ALL RISKS ASSOCIATED WITH THE PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH USING PLAY THE PROS AND/OR RIBEEVR SUCH AS PERSONAL OR BODILY INJURY (INCLUDING DEATH OR DISABILITY) OR PROPERTY DAMAGE. AS WITH ALL VIRTUAL REALITY GAMES, PLEASE FOLLOW THE INSTRUCTIONS PROVIDED WITH THE VIRTUAL REALITY HEADSET AND BE SURE TO USE THE PRODUCTS IN A SAFE ENVIRONMENT AWAY FROM PEOPLE AND PROPERTY THAT YOU COULD COME IN CONTACT WITH WHILE WEARING THE HEADSET.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THIS SECTION, MONSTERFUL, ITS LICENSORS, AND ITS SUPPLIERS’ AND THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, PARTICIPATION IN PLAY THE PROS AND/OR RIBEEVR OR BY USE OF MONSTERFUL ’S HARDWARE, SOFTWARE AND EQUIPMENT, WILL BE TO RECOVER THE AMOUNT YOU PAID TO PLAY THE PROS AND/OR RIBEEVR.
If you are the parent of a minor, please see the “Notice of Collection, Use and Disclosure of Your Child’s Personal Information” to understand what choices you have regarding our use of your child’s personal information.
18. Use of Likeness. Monsterful may use the participant’s name, image or likeness without compensation in any live or recorded video display, photograph or picture unless, where applicable, the parent of a minor participant has not provided consent for such use.
19. Photos: By taking a Play The Pros and/or RibeeVR photo, You are agreeing to have this photo sent to You via email for You to share via social media or for Your own personal, noncommercial use unless the parent/legal guardian of a minor participant has not provided consent for us to collect photos of you. It may also be shown without compensation, together with Your name and likeness on the ballpark video screen on Monsterful social media platforms, on Play The Pros and/or RibeeVR leaderboards, on the Play The Pros and/or RibeeVR app, at the front of the booth, at the venue of use, or in any other way Monsterful sees fit, unless, where applicable, the parent or guardian has not consented to the sharing of such information.
20. Use of email: By submitting Your email address, You consent to Monsterful collecting and using Your email address to have a souvenir photo sent to You via email. You agree that until You opt out, Monsterful may send You additional emails concerning Monsterful, its products, its newsletters, its affiliates, sponsors and licensees.
21. Risk: You voluntarily assume all risk and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage or liability.
22. Health and Safety: BY PARTICIPATING IN PLAY THE PROS AND/OR RIBEEVR YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL HEALTH AND SAFETY WARNINGS CONTAINED HEREIN. MONSTERFUL MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, AT ITS DISCRETION. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY THIRD PARTY LICENSORS IN RELATION TO THEIR PRODUCTS AND SERVICES. THESE INCLUDE THOSE CONTAINED IN THE HTC VIVE TERMS OF SERVICE, WHICH CAN BE FOUND AT VIVE.COM. BY USING PLAY THE PROS AND/OR RIBEEVR, YOU ARE ACKNOWLEDGING HAVING READ AND AGREED TO THE HTC VIVE (HEADSET) TERMS OF SERVICE.
THE PRODUCT WAS NOT DESIGNED TO BE USED BY YOUNG CHILDREN. DO NOT LEAVE THE PRODUCT WITHIN THE REACH OF YOUNG CHILDREN OR ALLOW THEM TO USE OR PLAY WITH IT. THEY COULD HURT THEMSELVES OR OTHERS, OR COULD ACCIDENTALLY DAMAGE THE PRODUCT. THE PRODUCT MAY CONTAIN SMALL PARTS WITH SHARP EDGES THAT MAY CAUSE AN INJURY OR WHICH COULD BECOME DETACHED AND CREATE A CHOKING HAZARD FOR YOUNG CHILDREN. CONSULT YOUR DOCTOR IMMEDIATELY IF ANY PARTS OF THE PRODUCT OR ACCESSORIES ARE SWALLOWED.
IF OLDER CHILDREN ARE PERMITTED TO USE THE PRODUCT, THEN ADULTS MUST MONITOR THEM CLOSELY FOR ANY NEGATIVE EFFECTS DURING AND AFTER THEIR USE OF THE PRODUCT. DO NOT ALLOW OLDER CHILDREN TO USE THE PRODUCT IF NEGATIVE EFFECTS ARE OBSERVED. ADULTS SHOULD ALSO ENSURE THAT OLDER CHILDREN AVOID PROLONGED USE OF THE PRODUCT.
A COMFORTABLE VIRTUAL REALITY EXPERIENCE REQUIRES AN UNIMPAIRED SENSE OF MOTION AND BALANCE. DO NOT USE PLAY THE PROS AND/OR RIBEEVR IF YOU HAVE EXPERIENCED A TRAUMATIC BRAIN INJURY, EXPERIENCE VERTIGO, HAVE DIFFICULTY WITH STANDING BALANCE, WHEN YOU ARE: TIRED; NEED SLEEP; UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR HUNG-OVER OR ARE NOT FEELING GENERALLY WELL. CONSULT YOUR DOCTOR BEFORE USING THE PRODUCT IF YOU HAVE PRE-EXISTING MEDICAL CONDITIONS THAT COULD AFFECT YOUR ABILITY TO SAFELY PERFORM PHYSICAL ACTIVITIES (SUCH AS A HEART AILMENT), HAVE DIGESTIVE PROBLEMS; ARE UNDER EMOTIONAL STRESS OR ANXIETY; SUFFERING FROM COLD, FLU, CHRONIC OR RECURRENT HEADACHES, MIGRAINES, OR EARACHES (AS THIS CAN INCREASE YOUR SUSCEPTIBILITY TO ADVERSE SYMPTOMS). IN PARTICULAR, IT IS RECOMMENDED THAT YOU SEE A DOCTOR BEFORE USING PLAY THE PROS AND/OR RIBEEVR IF YOU ARE: PREGNANT; ELDERLY; HAVE BINOCULAR VISION ABNORMALITIES OR PSYCHIATRIC DISORDERS (SUCH AS ANXIETY DISORDERS OR POST-TRAUMATIC STRESS DISORDER); OR, AS NOTED, SUFFER FROM A HEART CONDITION OR OTHER SERIOUS MEDICAL CONDITION.
THE PRODUCT CAN EMIT RADIO WAVES THAT CAN INTERFERE WITH THE OPERATION OF NEARBY ELECTRONIC DEVICES. IF YOU HAVE A CARDIAC PACEMAKER OR OTHER IMPLANTED MEDICAL DEVICE, DO NOT USE THE PRODUCT UNTIL YOU HAVE CONSULTED WITH YOUR DOCTOR OR THE MANUFACTURER OF YOUR MEDICAL DEVICE.
SOME PEOPLE MAY HAVE SEVERE DIZZINESS, SEIZURES, EYE OR MUSCLE TWITCHING OR BLACKOUTS TRIGGERED BY LIGHT FLASHES OR PATTERNS, AND THIS MAY OCCUR WHILE THEY ARE WATCHING TV, PLAYING VIDEO GAMES OR EXPERIENCING VIRTUAL REALITY – EVEN IF THEY HAVE NEVER HAD A SEIZURE OR BLACKOUT BEFORE OR HAVE NO HISTORY OF SEIZURES OR EPILEPSY. SUCH SEIZURES ARE MORE COMMON IN CHILDREN AND YOUNG PEOPLE UNDER THE AGE OF 20. ANYONE WHO EXPERIENCES ANY OF THESE SYMPTOMS SHOULD DISCONTINUE USE OF PLAY THE PROS AND/OR RIBEEVR AND SEE A DOCTOR. ANYONE WHO PREVIOUSLY HAS HAD A SEIZURE, LOSS OF AWARENESS, OR OTHER SYMPTOM LINKED TO AN EPILEPTIC CONDITION SHOULD SEE A DOCTOR BEFORE USING PLAY THE PROS AND/OR RIBEEVR.
BY USING PLAY THE PROS AND/OR RIBEEVR, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND ALL SUCH WARNINGS, GUIDELINES AND INSTRUCTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLAY THE PROS AND/OR RIBEEVR AND ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLAY THE PROS AND/OR RIBEEVR AND ACTIVITIES RELATING THERETO.
24. Indemnification. You will defend, indemnify, and hold Monsterful, its affiliates, licensors, service providers, directors, officers, employees, agents, partners, suppliers, contractors, clients and sponsors harmless and will keep them indemnified from Your, or any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) Your unauthorized use of Play the Pros and/or RibeeVR; (b) any violation by You of this Agreement; or (c) Your violation of any other party’s rights or applicable law.
25. Agreement to Arbitrate Disputes. You hereby waive Your right to trial by jury and agree that any controversy between the parties hereto involving any claim arising out of or related to this Agreement shall be submitted to and be settled by final and binding arbitration in New York County before one arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. You understand that this agreement shall apply every time You visit Play the Pros and/or RibeeVR, whether at the current location or any other location or facility. You waive all rights to participate in any class action. The requirement to arbitrate shall not apply to claims regarding intellectual property rights or injunctive relief or to any individual claims that are properly brought in (and within the jurisdiction of) small claims court.
27. Force Majeure. Monsterful will not be liable for any failure or delay in performance resulting from any event beyond its reasonable control, including due to fire, flood, action or decree of civil or military authority, insurrection, act of war, terrorism, denial of service attacks, labor disputes or shortages, material shortages, power outages, failure of internet connections, failure of suppliers, or embargo.
28. Contact Information. If You have any questions about this Agreement please direct all notices and correspondence to Monsterful Partners, Inc., 208 East 51st Street, Suite 316 New York, New York 10022.
PLAY THE PROS AND RibeeVR RULES
A. You will be required to follow the instructions of the staff.
B. You will be asked to register before taking your turn and may be asked to provide feedback upon exiting the batting area.
C. A waiver must be signed before use of any of the equipment by any user who is 18 years of age or older (Parent/guardian must sign the waiver/consent for any minors).
D. Ensure the area around you is safe for use of the Product and that other people or obstacles are removed from the play area.
E. Do not swing the bat unless instructed to do so.
F. Operate The Product in a comfortable posture. Do not grip the bat too tightly. If you experience tingling, numbness, stiffness, throbbing, or other discomfort, immediately stop using The Product and consult your doctor.
G. Adults are responsible for the actions of the youth in the training area. Misconduct will result in immediate termination of privileges. Horseplay/fooling around will not be tolerated.
H.. Be aware any cable or connections. Move your feet slowly and carefully to avoid tripping.
I. Take precautions with the controller/baseball bat. While using the hand controller/bat, always check that you have sufficient overhead and surrounding clearance to allow you to fully extend your arms outward and upwards.
J. No food or drink is permitted in the training areas.
K. As a safety precaution, no high heels are to be worn
L. No person under the influence of Drugs or Alcohol is permitted to use Play The Pros and/or RibeeVR.
M. No one under the age of seven (7) years old is permitted to use the equipment.
N. Only one person at a time is permitted inside the batting area.
O. The only person swinging a bat should be the person whose turn it is to use Play the Pros and/or RibeeVR.
P. Be careful not to hit the bat on the ground or drop the headset.
Q. Hearing Loss: Do not use the earphones at a high volume for prolonged periods of time, or permanent hearing loss may occur.
R. Prolonged, uninterrupted use of The Product should be avoided. Take breaks to prevent overuse. Discontinue participation if you experience joint or muscle soreness, or any symptoms such as issues with balance or coordination.
S. After completing a turn, participants will be asked to step away from the batting area.
T. This is a family atmosphere, no profanity or vulgar language/gestures will be permitted.
U. CAUTION! Injuries could result from the use of these devices. If users have any questions about the use of these devices or the inherent risks associated with the use of these devices, ask the attendant before approaching the batting area and taking your turn to use Play The Pros and/or RibeeVR.
By submitting this form I acknowledge that I AGREE that I or my minor child will abide by the Rules of Play.
For Parents of Minors: Notice of Collection, Use and Disclosure of Your Child’s Personal Information
Monsterful has collected your online contact information and the name of your child from your child in order to obtain your consent to allow your child to use Monsterful’s proprietary virtual reality experience technology, including Play the Pros and RibeeVR (the “Products”), as well as the Rhino App, our desktop and mobile web application (the “Rhino App”) which allows users to interact with the Products.
Your consent is required for the collection, use, or disclosure of any personal information that we may collect from your child under the age of 13 in accordance with the Children’s Online Privacy Protection Act (“COPPA”). We also similarly require your consent for our collection, use or disclosure of any personal information we collect from minors under the age of 18. Please note that Monsterful will not collect, use, or disclose any personal information from your child if you do not provide such consent.
Upon your consent, we may collect the additional types of personal information (or information associated with your child’s personal information) from your child as listed below:
- Email address, user name, phone number, mailing address;
- A photograph or video of your child, possibly including an avatar of your child;
- Sports related information including but not limited to equipment preferences, sizes, field position(s), hand dominance, skill assessments, training preferences and performance goals;
- Performance information such as swing speed and plane, batting average, slugging percentage, hits, reaction time, chase percentage, swing and miss rate among others.
Upon your consent, we may use and disclose your child’s personal information in the ways listed below. You have the option of consenting to the collection and use of their child’s personal information without consenting to the disclosure of that information to certain third parties. By checking the boxes below, you indicate your consent to our disclosure of your child’s personal information in the manner described:
- I agree to all of the options below with regard to the use and disclosure of my child’s personal information. Checking this box will check all of the boxes below.
- We may communicate with your child via email about certain topics, such as products that your child may be interested in receiving from us or our partners. These topics may be based on your child’s account information, sports related information, and other information generated or collected in connection with your child’s use of the Products and/or your child’s email communications with us.
- We may display your child’s name, photo/avatar and performance information on a user-wide leaderboard.
- We may share photos or videos of your child (but not your child’s name or contact information) on Monsterful’s Web site and our social media pages.
- For children 14 years of age and older: With your consent, we may share your name, age, contact and sports related and performance information or that of your child – if 14 or older – with baseball personnel (e.g., scouts, coaches, baseball academies, recruiters). As the parent, you will be contacted in order to screen interest from baseball personnel to determine those you approve to speak directly with your child. These baseball personnel may contact you, and, with your approval, your child, for the purpose of discussing private training sessions, baseball camps, tournaments and development programs, High School or NCAA scholarship opportunities, MLB draft possibilities or other matters related to your child advancing to the next level of baseball.
- We may modify images of your child only insofar as is necessary for the sole purpose of biomechanical evaluation.
If your child is under 13 and you do not provide your consent within a reasonable time from the date of this notice, we will delete your email address and any other personal information collected from your child in order to obtain this consent.
As a parent, you have the right to review and have any of your child’s information deleted from our records. You also have the right to tell us to stop collecting or using your child’s personal information. If you have questions concerning our information practices with respect to children, or if you would like to review, have deleted, or stop the further collection of your child’s personal information in connection with the activity or transaction for which it was originally collected, you may email us at [email protected].
Notice of Collection, Use and Disclosure of Your Personal Information
- Email address, user name, phone number, mailing address, age or date of birth;
- A photograph or video of you, possibly including your avatar;
- Sports related information including but not limited to equipment preferences, sizes, field position(s), hand dominance, skill assessments, training preferences and performance goals;
- Performance information such as swing speed and plane, batting average, slugging percentage, hits, reaction time, chase percentage, swing and miss rate among others.
By checking the boxes below, you indicate your consent to our use and disclosure of the above information in the manner described:
- I agree to all of the options below with regard to the use and disclosure of my Personal Information. Checking this box will check all of the boxes below.
- We may communicate with you via email about certain topics, such as products that you may be interested in receiving from us or our partners. These topics may be based on your account information, sports related information, and other information generated or collected in connection with your use of the Products and/or your email communications with us.
- We may display your name, photo/avatar and performance information on a user-wide leaderboard.
- We may share photos or videos of you on Monsterful’s Web site and our social media pages.
- With your consent, we may share your name, age, contact and sports related information, and performance information with baseball personnel (e.g., scouts, coaches, baseball academies, recruiters). These baseball personnel may contact you for the purpose of discussing private training sessions, baseball camps, tournaments and development programs, High School or NCAA scholarship opportunities, MLB draft possibilities or other related matters.
- We may share your name, email address, sports related information, and performance related information with select Monsterful partners including equipment manufacturers, retailers, and our other partners. These partners may contact you for their own purposes, including for their direct marketing purposes.
- We may modify your images only insofar as is necessary for the sole purpose of biomechanical evaluation.