Terms and Conditions

In consideration of participating in any BrainXcape game (each, a “Game”), and for other good and valuable consideration, every participant (“Participant” or “you”) agrees to be bound by theTerms and Conditions specified herein (the “Terms”) and any other provision as may be specified from time to time by BrainXcape LLC (“BrainXcape,” “we” or “us”). We may revise these Terms from time to time, and the most current version will be available on the BrainXcape website at www.brainxcape.com/terms-and-conditions/. You are responsible for reviewing and becoming familiar with any modification or revisions to these Terms, and you agree to be bound by any such modifications or revisions. Use of our service or participation in any Game after any such modification or revision constitutes your acceptance of these Terms as modified.

1. GENERAL

1.1. The trademarks and logos displayed on the BrainXcape website are the property of BrainXcape. You are not permitted to use these without the prior written permission of BrainXcape and you accept that any such use may constitute an infringement of the rights of BrainXcape or its licensor, as applicable.

1.2. We may link to third party websites and we will not accept any responsibility for such third party websites or their content, and you agree to use such third party websites at your own risk.

1.3. BrainXcape collects and stores your personal details securely for our own use. Occasionally we may disclose it to a third party but we do not sell your data and we will use commercially reasonable efforts to verify the legitimacy of any third party we share data with.

1.4. Due to the nature of the Games, no photos or recordings can be taken inside the Game rooms whatsoever ($1,000 fine).

1.5. Participants are not permitted to disclose any specific details of the Game directly or indirectly to the public (including by means of social media) in a manner that could be reasonably expected to reduce, diminish or otherwise alter the experience for future participants.

1.6. BrainXcape may contact you from time to time with offers and promotions to inform you of news locally, regionally and globally by email or other means.

1.7. The rooms where the Games take place are under recorded video and audio surveillance, and you hereby expressly agree to such recording and the storage, use and retransmission by BrainXcape and its assigns of such recordings in any and all media now known or later developed.

1.8. BrainXcape is entitled to charge Participants and such Participants shall be fully liable for any damage they cause while participating in a Game, whether it is intentional or caused by misuse of items and furniture.

1.9. While you are participating in a Game or are otherwise on the BrainXcape premises, you must follow our rules and regulations, adopt proper standards of behavior, and cooperate with our employees at all times.

1.10. BrainXcape does not tolerate any kind of bullying or harassment (physical, verbal or otherwise) towards its employees or other participants.

1.11. BrainXcape reserves the right to refuse any Participant from participating in the Game or to eject any Participant from a Game at its sole discretion. In the event that such refusal or ejection is the result of Participant’s (or any member of Participant’s group) violation of these terms or other directions by BrainXcape’s staff, BrainXcape shall not be obligated to refund your fees.

2. BOOKINGS

2.1. It is your responsibility to check that any Games issued to you are accurate.

2.2. We do not allow transfer of Games to another party. Without limiting the foregoing, Games may not be transferred or resold for commercial purposes or at a premium. If a Game is transferred or resold in breach of this condition, the bearer of the Game or the person claiming the right to attend the Game will be refused admission.

2.3. You are entirely responsible for entering your details correctly on the online booking form. By submitting an online booking form you warrant to BrainXcape that all details supplied by you are true and accurate.

2.4. Participants must arrive 15 minutes before the beginning of the Game. The Game starts exactly at the scheduled time. In order to be fair to all our guests, late arrivals will result in reduced game time in order to allow the next group to play on time.

2.5. All bookings are final as these are live Games. No changes, cancellations or reschedules are allowed, and the fee charged is completely non-refundable for ALL participants in the event you cancel your booking. If you wish to re-book another slot it will be at your own expense and subject to current availability.

2.6. Force Majeure. BrainXcape is not liable for any delays or obstructions causing delay to your arrival whether caused by bad weather, strikes, protests, floods, traffic jams, civil unrest or any other reason. It is your sole responsibility to arrive on time according to your booking.

3. PRICE & PAYMENT

3.1. Payment in full is due at the time of booking. The Games are live events, and once a booking is confirmed refunds, cancellations or reschedules are not accepted for any reason.

3.2. If less people attend the Game than are booked, the price difference will not be reimbursed.

3.3. The provisions of this Section 3 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

4. SAFETY

4.1. BrainXcape and its owners, employees and agents shall not be liable for any death, personal injury, loss or damage, however caused, while a Participant in participating in a Game or is otherwise in the venue, location or place related to a Game (the “Site”), nor shall they be liable for any complaints, claims, refunds, or exchanges for any reason, including without limitation, cancellation or postponement of BrainXcape’s services and Games.

4.2. You shall not violate any applicable laws, rules or regulations while participating in a Game.

4.3. You shall not be under the influence of any drugs or alcohol while participating in a Game. People under the influence of alcohol or on non-prescribed drugs or medications might be turned away and the Game will be deemed a no-show. You further agree not to use profanity or abusive language while participating in a Game or to otherwise act in any abusive or unacceptable manner. We reserve the right to refuse entry to any person who is unfit, abusive or unsuitable in any way at the sole discretion of the owners and staff of BrainXcape.

4.4. After learning the rules of the Game, each Participant will participate in the Game at their own risk. BrainXcape is not liable for any damages to persons or property caused by misuse of the Game room or not following the rules of the Game.

4.5. Drinks and food may not be taken onto the Site or into the Game room.

4.6. For safety reasons, children under the age of 12 are not permitted to participate. Participants must be at least 12 years old if accompanied by at least one adult player (aged 18 and over) and must be at least 18 years old if not accompanied by at least one adult player (aged 18 and over). You further agree that to the extent that you are booking a reservation for any person under the age of 18, that you have shared these Terms with such person’s legal guardian and such legal guardian has consented to these Terms on behalf of such Participant. You hereby certify that you are in compliance with the foregoing age restrictions, and you agree to indemnify and hold the BrainXcape Parties (as defined below) harmless against all costs, expenses, damages or other losses arising from any inaccuracy of the foregoing statements in this Section 4.6.

4.7. BrainXcape has limited waiting areas. Early arrivals will be asked to return at the correct time.

5. PHOTOS AND COMMENTS

5.1. Photos and videos of each team will be taken before, during and after the Game.

5.2. Photos and videos may be uploaded to social media sites without names of the Participants.

5.3. Unless requested by the Participant not to do so, we reserve the right to use photos and videos taken at the Site for promotional materials.

5.4. In order to remove photos and videos from social media, the Participant must notify BrainXcape by sending the request along with the url to info@brainxcape.com.

5.5. Participants may comment on the experience on social media. BrainXcape has the right to moderate all comments that it does not deem appropriate in its sole discretion. BrainXcape does not have to explain why comments were refused or deleted. It has full authority over any comments.

5.6. The provisions of this Section 5 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

6. COPYRIGHT & CONFIDENTIALITY

6.1. All names, designs and slogans used on the BrainXcape website, in any marketing and at the Site are the copyright of BrainXcape. No use or reproduction of any kind by Participants is allowed.

6.2. By making a booking, all Participants agree not to discuss, divulge or circulate any information regarding the content of the Games or any other proprietary information belonging to BrainXcape. By playing the Games, all Participants agree not to pass on this information or they will render themselves liable to prosecution under breach of these confidentiality rules.

6.3. The provisions of this Section 6 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

7. INDEMNIFICATION

7.1. You agree to indemnify, defend and hold harmless BrainXcape and the owner of the Site, and their respective parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, the “BrainXcape Parties”), from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ costs and rewards) arising from or relating to: (1) your participation in any Game and your access to and use of the Site; (2) your violation of any laws in connection with your participation in a Game or use of the Site; (3) any breach of any of your obligations contained in these Terms; (4) any violation or breach of these Terms by any Participant on whose behalf you are booking a reservation, or (5) any intentional misconduct or negligence by you in connection with your participation in a Game or your use of the Site.

7.2. The provisions of this Section 7 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

8. DISCLAIMERS; WAIVER; LIMITATION OF LIABILITY

8.1. You expressly agree that your participation in any Game and your use of the Site is at your sole risk. The Games and the Site are provided “as is,” and to the fullest extent permissible under applicable law, the BrainXcape Parties disclaim any and all warranties, whether express or implied, including without limitation, warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty whatsoever. The BrainXcape Parties do not represent or warrant that the Games or access to the Site will be uninterrupted or that there will be no failures, errors or omissions in connection therewith. The BrainXcape Parties shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained or arising out of these Terms, participation in any Game, your use of the Site or any injury or damage caused thereby, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state. You hereby agree to release the BrainXcape Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”), arising out of or in any way connected with your participation in any Game or your use of the Site.

8.2. Without limiting the foregoing, you hereby waive, release and discharge the BrainXcape Parties from any and all liability, including without limitation, liability arising from the negligence or fault of the entities or persons released, for any death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to you or to any other third party arising out of your participation in a Game or use of the Site. This waiver and release of liability shall be construed broadly to provide a waiver and release to the maximum extent permissible under applicable law.

8.3. Notwithstanding anything to the contrary contained herein, the total cumulative liability of the BrainXcape Parties in connection with these Terms and your participation in any Game or your use of the Site, whether in contract or tort or otherwise, shall not exceed $500.

8.4. The provisions of this Section 8 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

9. MISCELLANEOUS

9.1. Governing Law; Venue. These Terms are governed by the laws of the State of New York without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You hereby consent to the personal jurisdiction of the state and federal courts located in New York, New York, for any suit or action arising from or related to these Terms, your participation in any Game or your use of the Site, any you hereby waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against any BrainXcape Party.

9.2. Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of these Terms shall remain in full force and effect provided that the essential terms and conditions of these Terms for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

9.3. No Assignment. These Terms and your rights and obligations under these Terms may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without BrainXcape’s express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. BrainXcape may assign these Terms or any of its rights under these Terms to any third party without your consent.

9.4. Notices. BrainXcape, in its discretion, may give any notice required by these Terms by means of a general notice on its website, by electronic mail to your email address on record with BrainXcape, or by written communication sent by first class mail or pre-paid post to your address on record with BrainXcape. Such notice shall be deemed to have been given (i) immediately upon posting (if posted on the website), (ii) upon the expiration of forty-eight (48) hours after mailing (if sent by first class mail or pre-paid post), or (iii) upon sending (if sent by email). You may give notice to BrainXcape, and such notice shall be deemed given when received by BrainXcape by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: 160 Broadway, New York, NY 10038.

9.5. Remedies. BrainXcape’s remedies for any breach of these Terms by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of these Terms by you would cause irreparable injury to BrainXcape for which monetary damages would not be an adequate remedy and, therefore, BrainXcape will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in these Terms are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

9.6. Failure to Enforce. Any failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

9.7. Entire Agreement; Modifications. These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior or contemporaneous communications and understandings between the parties. BrainXcape reserves the right to make changes to these Terms, at its sole discretion, as set forth in the first paragraph above.

9.8. Feedback. In the event that you provide BrainXcape with any feedback regarding a Game, including without limitation, any flaws, issues, problems, anomalies, improvements and/or suggestions (collectively, “Feedback”), you hereby assign to BrainXcape all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

9.9. Modifications to our Games. BrainXcape reserves the right at any time to modify or discontinue, temporarily or permanently, any Game (or any part thereof) with or without notice. You agree that BrainXcape shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of its Games or other services.

9.10. You hereby certify that you have read these Terms and fully understand their content, including without limitation, the content of Section 8 and the waiver and release of liability contained therein.

9.11. The provisions of this Section 9 shall survive the termination or expiration of these Terms and any Game(s) in which you participate.

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