CartCade’s Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement & Terms and Conditions("Release and Terms Agreement")​

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

By participating in activities hosted by FanFam LLC, Dba: CartCade (“CartCade”) —a mobile arcade and event entertainment experience operated by CartCade—you (“Participant”) acknowledge and agree to the terms outlined below. This agreement applies to you and any individuals under your care or attending the event under your responsibility. All individuals (including minors) will be required to physically or electronically sign an additional Liability Waiver and Release form onsite for the event. Minors will be required to fill out a Minor Rules Acknowledgement form onsite and have adult supervision at all time to utilize our services. THIS AGREEMENT DOES NOT WAIVE ANY CLAIMS BELONGING TO A MINOR UNDER TENNESSEE LAW. Parents and/or guardians should review the Minor Rules Acknowledgment at check-in.

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SECTION 1: RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

I agree to observe and follow all posted rules, safety signage, and verbal instructions provided by CartCade staff. CartCade reserves the right to remove any participant who fails to follow safety guidance, without refund. I agree to follow all written and verbal instructions provided by CartCade staff, including but not limited to: hitting only from the designated striking area, securing the “Do Not Cross” barrier when entering the simulator bay, only utilizing yard game equipment as intended (per the rules of the game) and adhering to safety protocols as directed. I certify that I am in good health and capable of participating safely in CartCade activities. I understand that participation carries inherent and unpredictable risks, including but not limited to:

  • Slips, trips, falls, or loss of balance (including from the simulator platform or trailer entrance)

  • Impact from golf balls or golf clubs

  • Contact with or misuse of simulator equipment, arcade machinery, yard game equipment, or safety barriers

  • Equipment failure, simulator malfunctions, or power outages

  • Reckless or intoxicated behavior by yourself and others

  • Exposure to inclement weather, including high winds or lightning

  • Acts of nature or other unforeseeable events (“Acts of God”)

  • Serious injury, illness, or, in rare cases, death

I assume full responsibility for these risks, including those that may arise from CartCade’s negligence.

CartCade’s truck and trailer includes padded safety barriers and turf designed to absorb impact. These are not load-bearing structures and must not be leaned on, pulled, climbed, or tampered with. Participants may suffer injuries such as sprains, fractures, or concussions due to misuse or reckless behavior. Misuse may result in removal and financial liability for damages.

On behalf of myself and my heirs, I release and discharge CartCade, its owners, staff, contractors, affiliates, and agents from any and all claims related to injury, damage, or loss resulting from participation. I agree to indemnify and hold harmless CartCade from any legal claims, damages, or losses—including attorney’s fees—resulting from:

  • My actions or the actions of individuals under my care

  • Failure to follow rules or guidelines

  • Damage to CartCade property or equipment

  • Third-party claims arising from my participation

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SECTION 2: TERMS AND CONDITIONS OF SERVICE

Safety Rules & Participant Conduct

To ensure a safe and enjoyable experience, the following rules apply to all participants. Failure to comply may result in removal without refund:

  • One golfer, gamer, or VR participant in the simulator bay at a time. No exceptions.

  • All equipment (including headsets, wrist straps, controllers, etc.) will be utilized and secured per all safety protocols and instructions.

  • All shots must be hit from the designated striking area. No exceptions.

  • All shots must be aimed at the screen. Intentional mis-hits will result in immediate removal.

  • No leaning, hanging, or touching the frame, curtains, or truck or trailer walls.

  • No lob wedges or high-lofted clubs. Max allowed: pitching wedge.

  • No trick shots, “Happy Gilmore” swings, wall bounces, or club throwing.

  • No food, drinks, gum, or sticky items inside the simulator bay, VR studio, or exterior turf surfaces.

  • VR experiences are for ages 10+.

  • Sim and yard games are open to all ages with parent, guardian, or adult supervision.

  • Children 12 and under must be supervised by an adult at all times.

  • No participation while impaired by alcohol, drugs, or medication. Staff may remove any participant for safety without refund.

  • Follow CartCade staff instructions at all times.

  • Appropriate footwear only: golf shoes, sneakers, or flat-soled shoes.

  • Be respectful of the equipment and others.

  • By entering the activity area, you agree to this waiver and release. A QR code is posted onsite for review.

  • Booking & Payment Terms

Medical Authorization

  • Participant authorizes CartCade staff to provide basic first aid and to arrange emergency medical evaluation or transport if needed. CartCade is not a medical provider and does not undertake a duty to render medical care. Participant is responsible for all medical costs.

    For minors, the parent or legal guardian authorizes basic first aid and consents to emergency evaluation or transport if the parent or emergency contact cannot be reached promptly.

Partner Activities

  • Some attractions may be operated by independent partners who are not agents of CartCade. Those partners will provide their own safety rules and waivers. CartCade is not responsible for injuries or damages that arise from partner activities.

Cancellation Policy

  • Cancel 14+ days before your event: Full refund (excluding non-refundable deposit, if paid in full).

  • Cancel 7–13 days before your event: 50% refund of the total amount paid (excluding non-refundable deposit, only applies if you paid in full).

  • Cancel less than 7 days before your event: 25% refund of the total amount paid (excluding non-refundable deposit, only applies if you paid in full).

  • Cancel the day of the event or after the truck and trailer arrives: No refund.

  • Refunds do not apply to deposits unless full payment was made.

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Deposit Policy

  • A 25% non-refundable deposit is required to secure your booking date.

  • Full payment upfront is optional.

  • The remaining balance is due at least 7 days before your event.

​Weather Policy

Weather-related cancellations will be rescheduled based on availability. If the Event Host and CartCade agree to cancel before our team departs for the event, all prepaid amounts excluding the non-refundable deposit will be refunded or applied to a new date. If CartCade has already departed for or arrived on-site no refund is guaranteed. We will discuss conditions with the Event Host and may, in our sole discretion, issue a partial refund or credit, but this is not guaranteed. CartCade may pause or terminate activities if conditions are unsafe, and any pause or resumption will depend on safety and schedule.

Travel & Mileage Fees

CartCade applies NO MILEAGE FEES for any event within a 30 mile radius of Kingsport, Tennessee. CartCade applies a mileage fee (equal to the National Mileage Rate + 0.10 per mile) for all events outside of this 30 mile radius, calculated roundtrip from our base, or starting location. Hourly rental rates and mileage fees are subject to change based on market conditions and distance.

Mileage is calculated based on roundtrip travel from CartCade’s starting location to the event site using the most direct and reasonable route.

CartCade reserves the right to update or adjust these rates at any time based on fuel costs, vehicle maintenance needs, or other operational considerations. Travel fees may be discounted or waived entirely at CartCade’s discretion as part of a promotion, partnership, or special event agreement.

Mileage fees will always be clearly stated in the event proposal and/or invoice. By accepting a proposal or booking an event, the client acknowledges and agrees to the applicable mileage and travel fees at the time of booking.

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Inclement Weather Policy
The CartCade trailer is a semi-enclosed, open-air mobile arcade and simulator—not a fully enclosed or weatherproof structure. While it provides some shelter from sun and light weather, it is not designed to operate in heavy rain, high winds, lightning, or other hazardous conditions. CartCade staff reserves the right to shut down or delay operations at any time due to unsafe weather. If CartCade is unable to resume or extend operations to fulfill your full booking time, a credit (“rain check”) will be issued only if more than two (2) hours of time are lost. Lost time under 2 hours will not be refunded or credited. 

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Setup & Event Space Requirements

  • Minimum SET UP and TEAR DOWN required space: 36 ft (L) x 16 ft (W) x 13 ft (H)

  • After completion of Set Up: minimum required space becomes: 25 ft (L) x 12 ft (W) x 13 ft (H)

  • At time of Tear Down minimum space requirements listed above must be provided. This means participants that have parked, other vendors, etc. will be asked to temporarily relocated for Tear Down

  • Surface must be flat and level

  • 10 feet of clearance around the truck or trailer is ideal (not required)

  • CartCade will arrive 60–120 minutes before your event to set up

  • The site must provide sufficient drainage. Damp, low-lying areas are not acceptable sites.

  • Compaction of the ground must be sufficient to support the weight of the truck and trailer over the
    time period of the stay, thereby ensuring the truck and trailer will remain level.

  • Access to a suitable Power Source of at least 2 15-amps that are run on separate breakers are required. If access to only 1 15-amp can be guaranteed, a flat $25 generator fee will be added to final event cost. If access to NO 15-amps can be guaranteed, a flat $75 generator fee will be added to the final event cost.

If setup is not possible due to access issues or conditions, the event may be canceled without refund.

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Equipment Damage Liability

Participants and event hosts are financially responsible for any damage to CartCade equipment or property caused by negligence, recklessness, or misuse—including improper site conditions or failure to disclose access limitations.

This includes, but is not limited to:
   •    Damage to the truck, trailer, or both or its undercarriage from steep slopes, uneven terrain, or inadequate entry access.
   •    Situations where the host fails to inform CartCade of sloped, unstable, or otherwise unsafe entryways, surfaces, or setup areas.

If CartCade staff determines upon arrival that the location is unsafe or likely to result in damage to the vehicle or equipment, we reserve the right to cancel the event without refund.

 

Excessive Cleaning & Biohazards

Event hosts and participants are responsible for any excessive cleaning required due to spills, bodily fluids (including vomit), or other avoidable messes caused by negligence, intoxication, or failure to follow CartCade rules. A minimum $250 cleaning fee will be assessed in such cases. CartCade reserves the right to invoice the event host or responsible party directly.

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Event Host Responsibilities

For large-scale or high-risk events, CartCade may require proof of general liability insurance. If documentation is not provided, CartCade reserves the right to cancel the event without refund.

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Minors & Guests

I accept full responsibility for minors or individuals under my care. CartCade is not liable for injuries caused by failure to follow safety guidelines.

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Media & Marketing Consent

By attending an event or activity featuring CartCade, I grant CartCade and its representatives the irrevocable right to photograph, film, and record me and my guests. I authorize the use of such media for promotional, marketing, and commercial purposes—across all platforms and in perpetuity—without the expectation of compensation. This applies to all attendees, including participants, event hosts, guests, and spectators.​

For minors, parents or guardians may opt out of media use by notifying staff at check-in and signing the media opt-out line on the on-site form. CartCade will honor the opt-out for all future uses from that event and may request a physical identifier such as a wrist-band or other visual cue to be worn by opt-out participants.

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Communication Consent

I agree to receive emails, calls, or texts from CartCade related to event info and promotions. I may opt out at any time.

Incident Reporting

Report an incident or safety concern by emailing Trevor@CartCadeEvents.com.

Dispute Resolution

Any dispute or claim between you and CartCade that arises out of or relates to your attendance or participation will be resolved by binding arbitration on an individual basis under the AAA Consumer Arbitration Rules. The seat and venue of arbitration are in Sullivan County, Tennessee. Tennessee law applies. Either party may bring an individual claim in small claims court as an alternative to arbitration. There is no judge or jury in arbitration and no class, collective, or representative proceedings. You may opt out of this arbitration clause within 30 days of first acceptance by emailing Trevor@CartCadeEvents.com. If you opt out, venue and jurisdiction are in the state or federal courts located in Sullivan County, Tennessee. Fees and remedies will be available to the same extent as in court, subject to the AAA rules and applicable law.

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SECTION 3: LARGE-SCALE, INSTITUTIONAL, CORPORATE AND PUBLIC EVENTS

For high-traffic, open-access, corporate, or institutional events, including but not limited to university activations, tailgates, festivals, corporate family days, or community-sponsored programs, additional terms may apply.

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CartCade reserves the right to adjust pricing based on factors such as anticipated attendance, event duration, staffing requirements, site access logistics, risk exposure, and equipment wear due to heavy use or extended travel. Final pricing will be confirmed in writing prior to booking.
 

For events involving walk-up traffic or large guest volumes, the host is responsible for ensuring appropriate crowd control measures are in place. This may include signage, line management, or support staff to maintain a safe and manageable experience. CartCade staff reserves the right to pause or suspend operations if crowd conditions become unsafe or overwhelming.

 

If the event is hosted on institutional or private property (including universities, schools, corporate campuses, or stadiums), the host is responsible for obtaining all necessary approvals, permits, or access permissions. CartCade must be informed in advance of any venue-specific restrictions that could impact setup, branding, or general operations.

 

CartCade will not use any host, partner, or institutional logos in promotional materials, marketing content, or media unless written permission is granted in advance. The presence of such branding onsite does not constitute authorization for public or commercial use.

 

Unless otherwise restricted by the host or venue, CartCade’s standard media release and consent terms remain in effect. Any limitations on photography, video, or use of event footage must be communicated in writing prior to the event date.

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ACKNOWLEDGMENT & CONSENT

Event hosts accept these terms when approving the estimate or invoice. On-site participants may be asked to sign electronically or on paper. By entering the activity area you confirm that you have read and agree to these terms.

By signing or providing electronic acceptance (e.g., clicking "approve" on an estimate, providing written approval of a quote, etc.) of a proposal or estimate submitted by CartCade, or by participating in any associated event, I hereby affirm that I have read and willingly consent to the provisions set forth in this Release and Terms Agreement. Furthermore, by stepping foot onto the CartCade truck at any time, regardless of the event type, any individual participating agrees they have read and consented to these terms.

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If I am booking the truck on behalf of a business or organization, I represent that I have the authority to bind that entity and that all individuals participating under this booking are subject to these terms.