Bar Games Terms and Conditions

1. General rules of participation

   Terms: Signor means person signing this agreement.  Premises/Property/Common Areas refers to Rooftop at Riverside, LLC Premises located at 27333 Old 41 Rd, Bonita Springs, Fl 34135.  Agreement refers to this Agreement.  Bar Games refer to games held on Premises at Rooftop at Riverside.

2. Eligibility: All participants must be 21 years of age or older and of sober mind to participate in games where alcoholic beverages are involved or provided as prizes. Management reserves the right to request valid identification from any participant.  By signing below, you are indicating that you are 21 years of age or older, sober, and legally capable of signing and agreeing to this Agreement.

3. Voluntary participation: Participation in all bar games is completely voluntary. By choosing to play, participants agree to abide by these terms and conditions and the rules of each specific game, and by the rules, regulations, terms and conditions defined herein and as may be updated from time to time by Rooftop at Riverside, LLC.  All game decisions and interpretations are made by Rooftop at Riverside, LLC, and Signor agrees to abide by all decisions made by Rooftop at Riverside, LLC.  All decisions are final.

4. Right to refuse service: Management reserves the right to refuse participation to any individual for any reason, including but not limited to disorderly conduct, intoxication, or violation of these terms.  Rooftop at Riverside, LLC reserves the right to withhold any and all refunds.

2. No gambling policy

• Prohibition of gambling: All games offered are for entertainment purposes only. No "thing of value," including cash, cash equivalents, or bar tabs, may be wagered or won on the outcome of any game of chance.

• Prizes: Any prizes awarded, such as promotional items or merchandise, are of nominal value. No prize may be exchanged for cash or a cash equivalent.

3. Assumption of risk and release of liability

• Assumption of inherent risks: Participants acknowledge that there are inherent risks involved in any physical or recreational activity, including bar games. By participating, Signor voluntarily assumes all risks, known or unknown, including physical or mental injury, or even death, associated with your participation. Signer below assumes all risks.

• Waiver of liability: Participants agree to waive and release Rooftop at Riverside, LLC, its owners, employees, and agents from any and all liability, claims, or damages for personal injury, property damage, or wrongful death that may arise from participation in any game.

• Negligence exception: This waiver does not apply to claims resulting from the Rooftop at Riverside, LLC’s gross negligence or willful misconduct.

• Excuplation:  Rooftop at Riverside, LLC, its officers, directors, partners, employees, principals and agents, shall not be liable for injury to Signor below, or any loss of income therefrom or from damage to Signor’s person or property from conditions arising upon the Premises or Bar Game participation or upon other portions of the Property, or from other sources or places, and regardless of the cause of such damage or injury, except where such injury or damage is a  direct result of Rooftop at Riverside’s gross negligence or intentional misconduct. Rooftop at Riverside, LLC shall not be liable for any damages arising from any criminal act or act or neglect of any other game player of or on the Property.

• Indemnification: Signor agrees to indemnify, defend and hold harmless the Rooftop at Riverside, LLC, its ownership, management teams, employees, staff, shareholders, etc from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions they incorporate by reference, or your violation of any law or the rights of a third-party, and for any and all purposes. Signor shall defend, indemnify and hold Rooftop at Riverside, LLC, its officers, directors, partners, employees, principals and agents harmless against and from any and all claims, expenses or other liabilities of any nature arising from Signonr’s use of the Premises, Property and/or Common Areas, or from the conduct of its business, or from any activity or work done, permitted or suffered in or about the Premises, Property, and/or Common Areas. Signor shall assume all risk of damage to property or injury to persons in, upon or about the Premises.  Signor shall also give prompt notice to Rooftop at Riverside, LLC in case of casualty or accidents in or about the Premises.

4. Code of conduct

• Fair play: Participants are expected to play fairly and respectfully. Cheating, tampering with game equipment, or intentionally distracting other players is strictly prohibited and will result in disqualification.

• Safe conduct: Participants must use common sense to ensure a safe environment for themselves and others. Signor agrees not to engage in dangerous or disruptive behavior or activities.

• Equipment use: Any equipment provided for games must be used for its intended purpose only. Any participant who damages equipment due to improper use or negligence will be held liable for repair or replacement costs.

• Zero tolerance for harassment: The bar has a zero-tolerance policy for harassment, discrimination, or abusive language. Violators will be removed from the premises.

5. Promotional rights

• Use of likeness: By participating in bar games, participants consent to the use of their likeness, voice, and name in photographs, videos, or other media captured during the event for promotional and marketing purposes, without compensation.

6. Interpretation and disputes

• Management's final decision: All game-related disputes and interpretations of the rules will be decided by management, and their decision will be final.

• Governing law: These terms and conditions are governed by the laws of the State of Florida. Any legal action arising from participation in bar games must be brought before an arbitrator in Lee County, Florida.

7. General

• Entire Agreement:  These Terms and Conditions, together with posted Game Rules, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

• No Waiver:  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

• Severability:  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

• Governing Law, Jurisdiction and Venue:  This Agreement shall be construe, interpreted and governed by and in accordance with the laws of the State of Florida.  Jurisdiction and venue for any judicial proceeding concerning this Lease shall lie in Lee County, Florida.

• Waiver of Jury Trial:  Rooftop at Riverside, LLC and Signor waive the right to a trial by jury in any action or proceeding based upon, or related to, the subject matter of this Agreement.

8. Acknowledgement

• By participating in any bar game, you acknowledge that you have read, understand, and agree to these terms and conditions.