RIVALS TERMS OF SERVICE

Last Updated August 14, 2025

These Terms of Service (including all of our other terms and policies referenced herein, these “Terms”) constitute a legal agreement between Tamarack Capital LLC (“Rivals”, “we”, “us”, or “our”) and you, and it governs your use of, access to, and dealings with us, Rivals’ general website, located at https://www.theblasterbasecamp.com (the “Website”), and any of Rivals’ physical gym facilities (collectively, the “Rivals Gym”). For the purposes of these Terms, the terms “you”, “your”, “yourself” and “Visitor” mean you as the visitor of the Website or Rivals Gym. For the avoidance of doubt, these Terms of Service are applicable to the Visitor even if the Visitor is under the age of eighteen (“Supervised Minors”) and such Supervised Minor must have an adult, regardless of parenthood or guardianship, agree to these Terms on their behalf. Throughout these Terms, you and Rivals may each be referred to, individually, as a “Party”, or, collectively, as the “Parties”.

IF THE VISITOR DOES NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT THESE TERMS OF SERVICE. DO NOT ACCESS OR USE THE WEBSITE OR RIVALS GYM. THE VISITOR ACKNOWLEDGES AND AGREES THAT BOOKING GROUP EVENTS OR INDIVIDUAL PLAY TIME, ACCESSING, OR USING ANY PORTION OF THE WEBSITE OR RIVALS GYM IN ANY MANNER CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE IN THEIR ENTIRETY.

            If the Visitor is a Supervised Minor, these Terms must be read, agreed to, and accepted on behalf of the Supervised Minor by a parent, legal guardian, or an adult who has been provided with to supervise the Supervised Minor from the Supervised Minor’s parent or legal guardian (a “Responsible Adult”), who agree to be fully responsible for the Supervised Minor’s compliance with these Terms, including any risks, liabilities, or obligations arising from their use of the Website or uses of or participation in activities at or through Rivals Gym. For the avoidance of doubt, “Supervised Minors” and “Responsible Adults” shall be considered “Visitors” for purposes of these Terms.

 IN ADDITION, PRIOR TO PARTICIPATING IN ANY ACTIVITY AT OR THROUGH THE RIVALS GYM, EACH VISITOR (OR THE RESPONSIBLE ADULT ACTING ON BEHALF OF A SUPERVISED MINOR) IS REQUIRED TO REVIEW, ACCEPT, AND EXECUTE A PARTICIPATION AGREEMENT (I.E., A WAIVER AND RELEASE OF LIABILITY FORM) (THE “WAIVER”), WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. IN THE CASE OF A SUPERVISED MINOR, THE RESPONSIBLE ADULT’S AGREEMENT TO THE WAIVER SHALL BIND BOTH THE RESPONSIBLE ADULT AND THE SUPERVISED MINOR TO ITS TERMS. THE WAIVER IS A MATERIAL CONDITION OF ACCESS TO AND USE OF THE RIVALS GYM, AND IS ENFORCEABLE AS IF FULLY STATED HEREIN. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF THE WAIVER, WHETHER OR NOT YOU EXECUTE THE WAIVER.

            If you are entering into these terms on behalf of a Supervised Minor whom you are not the parent or legal guardian of, you acknowledge, represent, and warrant that you have obtained the authority and consent of each such Supervised Minor’s parent or legal guardian to: (i) accept these Terms and the Waiver on the parent’s or legal guardian’s and the Supervised Minor’s behalf; and (ii) assume full responsibility for each such Supervised Minor’s participation in the Rivals Gym’s activities. IN THE EVENT A SUPERVISED MINOR’S PARENT OR LEGAL GUARDIAN HAS NOT SEPARATELY EXECUTED A WAIVER, THE RESPONSIBLE ADULT ACCOMPANYING THE SUPERVISED MINOR AGREES TO BE SOLELY RESPONSIBLE FOR ANY CLAIMS, DAMAGES, INJURIES, OR LIABILITIES ARISING FROM SUCH SUPERVISED MINOR’S PARTICIPATION.   

Your access to and use of our Website or Rivals Gym is also subject to our Privacy Policy, the terms of which can be found directly on our Website and are incorporated herein by reference. By accessing or using the Website or visiting Rivals Gym, you consent to the terms of the Privacy Policy.

ARBITRATION NOTICE FOR VISITORS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND RIVALS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND RIVALS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.         Changes to these Terms. We may unilaterally amend any part of these Terms at any time by posting amended terms on the Website, and you acknowledge that each time you use the Website or Rivals Gym, you agree to the current version of these Terms. However, unless you agree to changes to these Terms by using the Website or Rivals Gym, amendments we make to these Terms will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the “Last Updated” date above. 

2.         Rivals Gym Use Options. Rivals provides Visitors with access to and use of its Website, which is designed to facilitate booking and provide relevant information. Visitors make book different play options (“Play Options”) through the Website or in person at the Rivals Gym. Play Options are as follows:

(i)         Individual Play Time. A Visitor may book time to use the Rivals Gym game play area (the “Arena”) during times it is open to the public (“Individual Play Time”); or

(ii)        Group Event. A Visitor may book an event to be held at the Rivals Gym for a set period of time (a “Group Event”). A Group Event may be booked to reserve the entire Arena or while Individual Play Time is active, depending on the package selected.

3.         Privacy Policy. Please refer to our Privacy Policy, as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Website or at Rivals Gym, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4.         Your Account, Website Registration, and Communications.

            4.1       Activation. If you wish to purchase a Play Option via the Website, to use the Rivals Gym, or if you register or sign up through the Website, you may need to create an account (an “Account”). To register for an Account, register to sign up through the Website, or purchase a Play Option, you must (a) complete the registration form, providing true, accurate, current and complete information in the form requested by us (collectively, “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Although we are not responsible for verifying Registration Data, if we have reasonable grounds to suspect that any of your Registration Data is untrue, inaccurate, or incomplete, we may suspend or terminate your Account, if applicable, and/or prohibit you from accessing or using the Rivals Gym.

            4.2       Eligibility. By creating an Account, registering to sign up through the Website, or purchasing a Play Option, you represent that you are above the age of eighteen (18) years old or are a Supervised Minor with your parent or guardian’s permission. Additionally, we must not have previously disabled your account for a violation of law or any of our policies. By using the Website or Rivals Gym, you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are accepting these Terms on behalf of a Supervised Minor, you represent that you have full legal authority to enter into to these Terms on their behalf and have the Supervised Minor’s parent’s or guardian’s permission to do so. We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms or applicable law.

            4.3       Account Responsibility. You are solely responsible for any and all activities conducted under your Account. We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password or an Account. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your Account or password are solely at your liability – accordingly, you are solely responsible for maintaining the confidentiality of your Account password, username, and any other credentials relating to your Account. Unauthorized use of another’s Account or password is strictly prohibited.

            4.4       Consent to Communications. By providing your email and/or phone number to Rivals, you expressly consent to receiving communications from Rivals, including email and text messages (SMS or MMS), at the email address and telephone number provided. These communications may include transactional, promotional, and informational messages related to your use of the Website or use of or participation in activities at Rivals Gym. Message and data rates may apply depending on your mobile carrier and plan. You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in emails or replying “STOP” to text messages; however, Rivals may still send transactional or account-related messages as permitted by law. Your use of the Website or Rivals Gym is not conditioned on signing up to receive promotional or marketing messages via phone or email.

5.         Use Rights to the Rivals Gym and Website; Disclaimers.

            5.1       Restrictions on Use. Your access to and use of the Rivals Gym is subject to these Terms and all applicable laws and regulations. By using the Rivals Gym, you represent, warrant, covenant, and agree to not: 

(i)         behave aggressively or unsafely in a way that may threaten yourself, other visitors, or Rivals Gym staff;

(ii)        use inappropriate language or physical violence;

(iii)       misuse, modify, or tamper with ‘blasters’ or other Rivals Gym equipment (collectively, the “Equipment”) or fail to follow Rivals Gym staff instructions;

(iv)       use the Equipment in any manner that injures, damages, or threatens to damage the Equipment, other Visitors, staff, or the Rivals Gym or interferes with any other party's use of the Rivals Gym;

(v)        bring your own personal ‘blaster’ or other Equipment to the Rivals Gym; 

(vi)       access (or attempt to access) the Arena outside your designated times or without a reservation;

(vii)      refuse to wear or take off eye protection while in the Arena; 

(viii)     wear shoes or neglect to wear socks in the Arena;

(ix)       leave a Supervised Minor thirteen (13) years old or younger unattended at any Rivals Gym location;

(x)        remain at any Rivals Gym location unattended as a Supervised Minor thirteen (13) years old or younger;

(xi)       jeopardize the security of your or any other Visitor’s account (such as allowing someone else to log in to your Account);

(xii)      interfere with or attempt to interfere with the proper working of the Website or Rivals Gym, disrupt any networks connected to the Website, or bypass any measures we may use to prevent or restrict access to the Website or Rivals Gym;

(xiii)     use the Website or Rivals Gym for any other illegal or deceptive activities; 

(xiv)     impersonate any person or any other Visitor, or falsely state or otherwise misrepresent your affiliation with a person, organization, or Visitor;

(xv)      attempt to gain unauthorized access to the Website or Rivals Gym network or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Website or Rivals Gym;  

5.2       Website Accuracy and Limitations Disclaimer. While we strive to ensure the accuracy and usefulness of the Website, we do not guarantee the accuracy, completeness, or applicability of any its applications. 

5.3       Assumption of the Risk. You acknowledge and certify that you have full authority for yourself, and, if applicable, as parent or legal guardian/power of attorney/legal authority to bind yourself, and, if applicable, any Supervised Minors to this Agreement, including the releases contained herein. You further acknowledge that you are voluntarily participating in activities which involve physical movement and simulated combat, which you understand are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with moving or fixed objects or other people, as well as the negligence and/or omissions committed by you, and, if applicable, by your Supervised Minors, Rivals, and/or any other person while on the Premises; (b) voluntarily assume all such risks; and (c) understand and acknowledge that Rivals does not manufacture the Equipment at the Rivals Gym, but purchases and/or leases the Equipment and therefore Rivals may not be held liable for defective products or Equipment.

            5.4       Release of Liability. Despite all known and unknown risks, including, but not limited to, serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about the Rivals Gym, you and any of your Supervised Minors hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue Rivals, including its suppliers, designers, installers, manufacturers of any nerf material, trampoline equipment, foam pit material, or such other material and Equipment at the Rivals Gym (all hereinafter referred to as “Equipment Suppliers”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Rivals and/or any Equipment Suppliers while in or about the Rivals Gym and/or while participating in or as a result of participating in any of the activities in or about the Rivals Gym and/or while using any items purchased in or about the Rivals Gym, whether the action arises out of any damage, loss, personal injury, emotional injury, or death. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of Rivals and/or any Equipment Suppliers.

5.5       Health and Fitness. The Visitor affirms that he or she is, and, as applicable, the Responsible Adults affirms that their Supervised Minor(s) is, physically fit and has no medical condition that would make participation unsafe. As between Rivals and the Visitor, the Visitor assumes full responsibility for any injury or condition that may arise from their participation. As applicable, as between Rivals and the Responsible Adult, the Responsible Adult assumes full responsibility for any injury or condition that may arise from their Supervised Minor’s participation.

5.6       Supervision & Responsibility Disclaimer. Responsible Adults acknowledge and agree they are fully responsible for the conduct, safety, and compliance of their child while on-site. The Rivals Gym staff is not responsible for supervising Supervised Minors outside of structured, staff-led programming. You are solely responsible for any decisions or actions you or your Supervised Minors take while in the Rivals Gym. You acknowledge that use of the Rivals Gym does not create any fiduciary relationship between you and Rivals or any of its affiliates. 

5.7       Participation Disclaimer. If we, in our sole discretion, determine you are not complying with safety or conduct rules or are violating use restrictions, you may be denied entry to the Rivals Gym or removed from the Arena immediately, whether

            5.8       Supervision & Responsibility Disclaimer. Parents or guardians acknowledge and agree they are fully responsible for the conduct, safety, and compliance of their child while on-site. The Blaster Basecamp staff is not responsible for supervising Minors outside of structured, staff-led programming. 

5.9       Third-Party Content. The Rivals Website may contain links to third party websites, advertisers, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk. 

6.         Ownership; Use of Your Data.

(a)        You agree that, as between you and us, we (and our licensors, where applicable) own all right, title, and interest, including any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, Feedback (as defined below),or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Website or Rivals Gym, including, but not limited to, all content in or on the Website, all proprietary technology owned or used by us, or made available to you by us, and all modifications, enhancements and improvements to any of the foregoing. We hereby reserve all rights worldwide not specifically granted to you in these Terms, and you agree that you will not make any use of any of the foregoing in any manner or for any purpose whatsoever except as expressly permitted by the terms and conditions of these Terms. The “Rivals” name and logo, the other product and service names, trademarks, service marks and logos associated with us or the Website or Rivals Gym are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever. This Section 6.1 does not limit any rights or remedies we may have under any applicable laws, rules and regulations.

(b)        You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included on our Website, at the Rivals Gym, or as part of the services provided by or through the Website or Rivals Gym are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent.

(c)        You may voluntarily send, provide, or communicate to us any questions, inquiries, comments, suggestions, ideas, or other information or materials regarding our us and our Rivals Gym (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

7.         Pricing and Payment. The following pricing and payment terms apply to all bookings:

            7.1       One Time Play. Booking Individual Play Time grants access to the Rivals Gym Arena for a singular time (a “One Time Play”) and you will be billed for such at the time of booking.

            7.2       Group Event Play. Booking a Group Event grants access to the Rivals Gym Arena for a One Time Play and you will be charged a fifty percent (50%) deposit of a Group Event at the time of booking, with the remaining fifty percent (50%) due seven (7) days prior to such Group Event. If a Group Event is booked fewer than seven (7) days prior to the scheduled date, the full price of the Group Event will be due at the time of booking.

            7.3       Play Pack. You may purchase a multi-access pack to secure access for Individual Play Time to be booked in the future (a “Play Pack”). Play Pack usage is limited to available play times at the time of booking. You will be billed the total price of the Play Pack at the time of purchase. The Play Pack is subject to expiration if not used within twelve (12) months of purchase.

            7.4       Changes of Pricing. We expressly reserve the exclusive right to make changes to the prices of any of our Play Options, and to our pricing structure generally, at any time and in our sole discretion. Notwithstanding the foregoing, however, no changes to the pricing of Play Options already purchased will be imposed. 

7.5       Payment. A valid credit card or other payment methods acceptable to us may be used to pay for the Play Options. You represent and warrant that we are authorized to use any payment method designated by you via the Website or in-person at the Rivals Gym (“Payment Method”) and authorize our designated payment processor, to charge or debit such Payment Method for any applicable Play Option selected. If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable to us, or our designated payment processor, your ability to access Rivals Gym may be suspended immediately. In order to continue to access Rivals Gym, you must resolve any problem with us or our designated payment processor. 

7.6       Taxes Excluded. Our fees, including any Play Option purchases, do not include, and we are not responsible for, (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the booking platform, including without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the fees or your use of our booking platform. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

7.7       Cancellations and Refunds.

7.7.1     Individual Play Time; Play Packs. No refunds of Individual Play Time and Play Pack purchases will be provided for any reason, unless specifically authorized by Rivals on a case by case basis in its sole discretion. ALL AMOUNTS PAID BY YOU FOR INDIVIDUAL PLAY TIME AND PLAY PACK PURCHASES ARE FINAL AND NON-REFUNDABLE.

7.7.2     Group Events. All deposits for Group Events are non-refundable. However, you may elect to apply a deposit of a cancelled Group Event (a “Deposit Credit”) to a future Group Event, if (i) such succeeding Group Event takes place within twelve (12) months of such cancelled Group Event, and (ii) the cancelled Group Event is cancelled more than forty-eight (48) hours prior to its scheduled time. Deposit Credits from Group Events cancelled eight (8) or more days before the scheduled Group Event shall include the fifty percent (50%) deposit required at the time of booking and shall not include any extra amounts paid in satisfaction of the total amount due for the Group Event; such extra amounts will be refunded. Deposit Credits from Group Events cancelled between seven (7) days and forty-eight (48) hours before the cancelled Group Event shall include the total price of the cancelled Group Event.

8.         Our Assistance. From time to time, we may offer additional assistance and/or services to you in connection with your use of Rivals Gym. You may request support/assistance via the Website if such is available, in person at Rivals Gym, or by email to info@theblasterbasecamp.com.

9.         Monitoring. We reserve the right to monitor the use by you of the Website and Rivals Gym. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to Rivals Gym or seeking other legal or equitable remedies, once we become aware of any violation of these Terms.

10.       Termination; Effect of Termination; Suspension. These Terms become effective on the date on which you create an Account on, purchase Play Options to, login to, access, or use the Website or Rivals Gym, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.

            10.1       Termination or Suspension by Us. Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of the Website or Rivals Gym, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you or (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Website or Rivals Gym operations (or the security thereof) or with any other Visitor’s use of the Website or Rivals Gym (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive or abusive use of the Website or Rivals Gym, our systems or resources. Neither termination of these Terms or suspension of your use of the Website or Rivals Gym relieves you of your obligation to pay amounts due to us.

            10.2      Effect of Termination. Termination of these Terms for any reason also terminates all of your rights to use the Rivals Gym. If you cancel your Account for convenience before any booked Play Options, the fees for those booked Play Options are non-refundable and remain due.

            10.3      SURVIVAL. ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION) WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.  

11.       Indemnity. You will defend, indemnify and hold harmless us, our licensors, affiliates, subsidiaries, successors, assigns, and our and their equityholders, directors, managers, officers, employees, and agents (each individually an “Indemnitee” and collectively “Indemnitees”), to the fullest extent permissible under applicable law, against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by any indemnitee arising from or in connection with any of the following (except to the extent caused by our own negligence or willful misconduct):

            (a)        your use of the Website or your use of or participation in activities at or through Rivals Gym or your breach, violation, or non-compliance with of any provision of these Terms;  and

            (b)        any negligent, willful, purposeful, fraudulent, or unlawful acts or omissions by you.

All Indemnitees are expressly made third party beneficiaries of this Section 11.  This Section 11 will survive the termination of these Terms for any reason. 

12.       Disclaimer of Warranties. Your use of the Website and use of or participation in activities at Rivals Gym is at your own risk. The Website and Rivals Gym, including all Equipment and facilities at or through the Rivals Gym, are provided on an “as is” and “as available” basis. Rivals makes no warranties or representations, express or implied, regarding the safety, suitability, or fitness of any Equipment or facilities or activities at or through Rivals. You acknowledge that it is your responsibility to determine whether any Equipment is appropriate for your use, and you assume all risk associated with its use. To the fullest extent permitted by law, we hereby disclaim all representations and warranties of any kind not specifically stated in these Terms, including with respect to the Website and Rivals Gym, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the foregoing, we make no representations or warranties as to the completeness, security, reliability, quality, accuracy or availability of the Website or security, quality, or availability of the Rivals Gym facilities or Equipment, that services or that the Website (including, without limitation, any information, booking availability, etc. obtained through the Website) will be accurate, complete, up-to-date, secure, error-free, uninterrupted, or otherwise meet your needs or expectations. This Section 12 will survive termination of these Terms for any reason. If you access or use the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws, rules and regulations.

13.       Disclaimer of Damages. IN NO EVENT WILL RIVALS, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR USE OF OR PARTICIPATION IN ACTIVITIES AT OR THROUGH RIVALS GYM, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES PROVIDED THROUGH THE WEBSITE OR RIVALS GYM, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

14.       Limitation of Liability. IN NO EVENT WILL RIVALS’S LIABILITY, OUR AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY VISITOR’S, INCLUDING ANY SUPERVISED MINOR’S, USE OF OR PARTICIPATION IN ACTIVITIES AT OR THROUGH RIVALS GYM, ANY PERFORMANCE OR NON-PERFORMANCE OF SERVICES PROVIDED BY OR THROUGH THE WEBSITE OR RIVALS GYM, ANY INJURIES SUFFERED WHILE AT RIVALS GYM OR PARTICIPATING IN RIVALS GYM ACTIVITIES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO US FOR THE BOOKING RELATED TO THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS SECTION 14 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

15.       Property Limitation of Liability. You agree that Rivals is not liable or responsible for any personal property that is damaged, lost, or stolen while at or about the Rivals Gym including, but not limited to, a vehicle or its content or any property in a locker or otherwise.

16.       Arbitration; Class-Action Waiver.

16.1      Arbitration Agreement. Except as expressly provided below, you and Rivals  agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website or use of or participation in activities at the Rivals Gym, that cannot be resolved in small claims court, will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Fulton County, Georgia before a single arbitrator, and judgment on the award may be entered in any court having jurisdiction.

16.2      Fees and Costs. The allocation of arbitration fees and costs shall be governed by the Commercial Arbitration Rules. Each Party shall bear its own attorneys’ fees, unless the arbitrator determines otherwise in accordance with applicable law or the AAA rules 

16.3      Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to info@theblasterbasecamp.com within 30 days of your first acceptance of these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration.

16.4      Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized use of the Services.

16.5      No Class Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE VISITOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER VISITOR. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.1.

            16.6      Arbitration Agreement Survival. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH US.

17.       Notices. We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Account or on the Website or in a clearly marked area at the Rivals Gym or (ii) via electronic mail to your contact information on record with us in your Account information, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Website or Rivals Gym (for example, changes to your Account or billing information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey (for example, using your Account page to update your contact information). Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be delivered in writing in hard-copy (paper) to us by (i) personal delivery by hand, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) reputable national or international mail courier with proof of delivery.  Our current address is:

                        Tamarack Capital LLC

                        Attn:  Terms Notices

                        PO Box 18162

                        Atlanta, GA 30316

We may change this notice address by updating these Terms or by listing a new address on the Website. You are responsible for making sure that you are sending notices to our most current address. Notices given to our address will be deemed effective upon the first normal business day (non-weekend/non-holiday) following actual receipt by us at such address. THIS SECTION 17 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

18.       Miscellaneous

. This Section 18 and its subsections will survive termination of these Terms for any reason.

            18.1      Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or any services provided by or through the Website or Rivals Gym, will be governed by and construed and enforced in accordance with the laws of State of Georgia, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. For all other proceedings, the federal and state courts located in Fulton County, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.

            18.2      Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

            18.3      Waiver; Amendment; Assignment. No waiver of any right or remedy by us will be valid unless in writing, and waiver of a right or remedy on one occasion by us will not be deemed a waiver of such right or remedy on any other occasion. Except as otherwise provided in these Terms, these Terms may not be amended or modified except by a writing signed by you and us. You may not assign these Terms or any of your rights or obligations and any attempt to do so will be void. We may freely assign these Terms or any of our rights or obligations (in whole or in part, including without limitation in connection with the sale, assignment, or other divestiture of some or all of our assets or business that relate to all or any portion of the Website or Rivals Gym), and you waive notice of such assignment.

            18.4      Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Website or Rivals Gym) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence. 

            18.5      Headings; Language. Section titles and headings in these Terms are provided for convenience only and do not affect or limit the meaning or interpretation of the Terms. The official language of these Terms is English. In the event these Terms are translated, the English version will control, and translations into languages other than English will not be construed as official or original versions of these Terms. All contract interpretations, notices, and dispute resolutions will be in English.

            18.6      Entire Agreement. These Terms sets forth the entire agreement and understanding between you and us pertaining to its subject matter, superseding all prior or contemporaneous discussions, agreements, promises or understandings between you and us pertaining to such subject matter.

[End of Terms of Service]