ASSUMPTION OF RISK & LIABILITY WAIVER
PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. BY CHECKING "I AGREE" AND BY HOSTING OR JOINING ANY GAME, YOU ACCEPT THIS WAIVER ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, FAMILY, AND ESTATE.
You agree to this Assumption of Risk & Liability Waiver ("Waiver") with Rally Technologies LLC ("Rally") as a condition of using the Rally application and participating in any game arranged through it.
1. Voluntary participation
Your participation in any game is entirely voluntary. You choose which games to host or join, which venues to attend, and whether to participate at all. You may stop participating at any time if you feel unsafe or unwell.
2. Assumption of inherent and other risks
You understand that physical and sporting activities are inherently dangerous and carry a real risk of serious injury, permanent disability, or death, as well as property damage. These risks include, without limitation: physical contact and collisions with other participants, equipment, or fixed objects; slips, trips, and falls; overexertion, cardiac events, heat, cold, and weather; unsafe, poorly maintained, or crowded playing surfaces and venues; the acts, omissions, negligence, or misconduct of hosts, other players, spectators, venue operators, or other third parties; the condition or failure of equipment; travel to and from games; and your own physical condition or limitations.
You knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of others, and you accept personal responsibility for participating.
3. Your fitness and responsibility
You represent that you are physically fit and have no medical condition that would make participation dangerous, or that you have consulted a physician and are cleared to participate. You are responsible for your own health, fitness, medical and health insurance, and equipment. Rally does not provide medical care, athletic training, supervision, first aid, or insurance of any kind.
4. Rally does not vet participants or venues
You understand and agree that Rally does not screen, background-check, supervise, or verify hosts, players, or venues, and does not inspect or guarantee the safety or condition of any venue. Rally is a neutral platform that connects users; it is not the organizer, operator, or supervisor of any game and is not present at games. You are solely responsible for assessing the safety of any game, venue, and other participants, and for deciding whether to take part.
5. Release and waiver of liability
To the fullest extent permitted by law, you release, waive, discharge, and agree not to sue Rally Technologies LLC and its owners, members, managers, officers, employees, contractors, and agents (the "Released Parties") from and for any and all claims, demands, liabilities, damages, costs, or expenses of any kind — including for personal injury, death, or property damage — arising out of or in any way connected with your use of the Service, your participation in or travel to or from any game, any venue, or the acts or omissions of any host, player, spectator, venue, or other third party, EVEN IF CAUSED BY THE ORDINARY NEGLIGENCE of any Released Party.
This release does not apply to liability that cannot be released under applicable law, such as, in many states, gross negligence, recklessness, or intentional or reckless misconduct. Nothing in this Waiver limits your rights against a host, player, venue, or other third party who actually causes you harm.
6. Release of liability between participants
To the fullest extent permitted by law, you also agree that hosts and venues are released from liability for ordinary negligence to the same extent as the Released Parties, and you agree to look solely to your own insurance and to the party actually at fault for any injury or loss.
7. Covenant not to sue and indemnification
You agree not to bring any claim or lawsuit against the Released Parties for anything covered by this Waiver. If you (or anyone acting on your behalf) bring such a claim, or if a third party brings a claim arising from your participation or conduct, you agree to indemnify and hold the Released Parties harmless from the resulting claims, damages, losses, and expenses, including reasonable attorneys' fees, to the fullest extent permitted by law.
8. Emergencies
In the event of injury or a medical emergency at a game, you are responsible for seeking appropriate medical care. Rally has no duty to provide, arrange, or pay for emergency or medical services.
9. Acknowledgment
You acknowledge that you have read this Waiver, fully understand it, and agree to be bound by it freely and voluntarily. You understand that by agreeing you are giving up substantial legal rights, including the right to sue the Released Parties for ordinary negligence. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be enforced to the greatest extent permitted by law.